Centre submits caveat in SC to ensure it is heard before any interim relief is granted on petitions challenging the amended Waqf Act.
The Union government has filed a caveat in the Supreme Court, signalling its intention to be heard before any interim order is passed on a series of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The move comes amid a flurry of legal challenges and political opposition to the new amendments to the Waqf Act, 1995.
A caveat is a legal notice submitted to the court by a party seeking to ensure that no adverse orders are passed without hearing their side. In this case, the Centre’s caveat seeks to pre-empt any stay or interim relief granted by the court in response to the numerous petitions filed against the new legislation.
The Waqf (Amendment) Bill, 2025 was passed in both the Lok Sabha and the Rajya Sabha, triggering widespread political backlash and legal scrutiny. The Indian National Congress, led by senior leaders and legal experts, has strongly opposed the Act, terming it as an attack on the secular fabric of the Constitution and a move designed to polarize the nation along religious lines.
Congress MP and party whip in the Lok Sabha, Mohammad Jawed, is among the key petitioners who have moved the Supreme Court. In his plea, Jawed argues that the amendments infringe upon several fundamental rights enshrined in the Constitution. Specifically, he has cited violations of Article 14 (right to equality), Article 25 (freedom of conscience and free profession, practice and propagation of religion), Article 26 (freedom to manage religious affairs), Article 29 (protection of interests of minorities), and Article 300A (right to property).
Jawed’s petition is one among several that challenge the Waqf (Amendment) Act. Prominent leaders and organizations have joined the legal battle, including AIMIM chief Asaduddin Owaisi, AAP legislator Amanatullah Khan, the Association for Protection of Civil Rights, Maulana Arshad Madani of the Jamiat Ulema-i-Hind, the All India Muslim Personal Law Board (AIMPLB), the Social Democratic Party of India (SDPI), Indian Union Muslim League (IUML), as well as activists Tayyab Khan Salmani and Anjum Kadari.
These petitioners have collectively argued that the amendments undermine the autonomy and historical sanctity of Waqf institutions and property. They contend that the changes may lead to government overreach and interference in religious endowments traditionally governed by Islamic principles.
A day before the Centre filed its caveat, the matter was brought to the attention of Chief Justice of India (CJI) Sanjiv Khanna. Senior advocate Kapil Sibal, representing some of the petitioners, urged the CJI for urgent listing of the matter, stressing the serious constitutional and communal implications of the new law.
Responding to the appeal, CJI Khanna assured, “I will get the (urgent mentioning) letter and do the needful this afternoon.” According to the Supreme Court’s computerised case status, the batch of petitions, including the one filed by Owaisi, is tentatively listed for hearing on April 15 or 16.
At the heart of the controversy lies the concept of ‘Waqf’—a religious endowment in Islamic law wherein a Muslim donates property for charitable or religious purposes. Traditionally, these properties are used to support mosques, schools, orphanages, and community institutions. The Waqf Act, 1995 was enacted to regulate and protect such properties. However, the recent amendments have sparked concerns over potential encroachments on religious rights and administrative autonomy.
As the legal proceedings gather pace, all eyes are on the Supreme Court, which will now examine the constitutional implications of the amendments. The coming weeks promise to be crucial in determining the future of one of the oldest forms of religious charity in India and its place within the constitutional framework.
