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States » SouthPosted at: Apr 24 2025 5:12PM


Kerala board challenges validity of Waqf law

New Delhi, April 24 (UNI) The Kerala State Waqf Board has filed a preliminary affidavit in the Supreme Court strongly opposing the Waqf Amendment Act, 2025, terming it unconstitutional, discriminatory, and a violation of fundamental rights and secular principles enshrined in the Indian Constitution.
The Board alleged that the Central Government is selectively targeting certain religious communities in its attempt to regulate religious properties, accusing it of adopting a “pick and choose policy.”
“All religions in the country do not have uniform laws governing religious properties. However, the Central Government is selectively targeting some religions and attempting to take control of their endowments,” the reply stated.
In its detailed objections, the board opposed several provisions of the amended Act, including, omission of the concept of waqf-by-user, introduction of a 5-year Islam practice requirement to create a Waqf.
Inclusion of non-Muslims in Waqf Boards and the Central Waqf Council, transfer of key powers from waqf boards and waqf survey commissioners to district collectors.
Modification of rules related to Waqf-al-Aulad (family Waqfs), Bar on non-Muslims creating Waqfs
Terming these changes as a violation of Article 26 of the Constitution, which protects the rights of religious denominations to manage their own affairs, the Kerala Board emphasized that non-Muslim members may lack the necessary understanding to handle religious endowments appropriately.
Further, the Board objected to Omission of Section 40, which had empowered Waqf Boards to determine whether a property is Waqf land, citing that this power, now transferred to District Collectors, would weaken the protection of Waqf properties.
New provisions enabling appeals against Waqf Tribunal decisions, warning that this would delay adjudication.
Application of the Limitation Act, which the Board argued could hinder recovery of illegally transferred Waqf lands.
Empowering District Collectors over Survey and Management of Waqf properties, which it said could reduce the effectiveness of Waqf property administration.
The Board also highlighted procedural lapses, alleging that the Joint Parliamentary Committee failed to visit Kerala or consult major stakeholders in the state.
On April 17, the Supreme Court recorded the Union Government’s assurance that it would not enforce some contentious provisions of the Amendment Act until the matter is heard. The court had permitted states and Waqf Boards to file their responses.
So far, seven states -- Assam, Rajasthan, Chhattisgarh, Uttarakhand, Haryana, Gujarat, and Maharashtra -- have filed intervention applications supporting the 2025 Amendment Act.
UNI SNG PRS
Tags: #Kerala board challenges validity of Waqf law
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