On April 8, 2025, the Central Government took a proactive step by filing a caveat in the Supreme Court concerning several petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. This legal move is aimed at ensuring the government is heard before the court makes any decisions on these challenges.
The caveat, a routine legal procedure in high courts and the Supreme Court, serves to prevent any ruling from being issued without the involvement of the party that files it. This action by the Centre underscores its intent to actively participate in the judicial review process of the newly enacted law.
The petitions against the Waqf (Amendment) Act have come from various quarters, including politicians, the All India Muslim Personal Law Board, and Jamiat Ulama-i-Hind. These groups have raised concerns over the amendments, questioning their alignment with constitutional principles.
Legal experts anticipate that these petitions will be presented before a Supreme Court bench on April 15, although this date has not yet been officially confirmed on the Court’s website. This expected hearing follows an assurance given by Chief Justice Sanjiv Khanna to senior advocate Kapil Sibal, who represents Jamiat Ulama-i-Hind, about the potential scheduling of the petitions.
The backdrop to this judicial scrutiny is the passage of the Waqf (Amendment) Bill by Parliament, which received President Droupadi Murmu’s approval on April 5, 2025, after vigorous debates in both houses. The amendment has sparked significant legal and public discourse, reflecting the contentious nature of the changes it proposes to the governance of waqf properties across the country.
