Waqf (Amendment) Act comes into force : Centre files caveat in SC as pleas filed against its validity, hearing likely on April 15

PTI, NEW DELHI, APRIL 8, 2025 :  The Waqf (Amendment) Act, which was passed by Parliament last week, has come into force from Tuesday, the government said in a notification. The Ministry of Minority Affairs notification said: "In exercise of the powers conferred by sub-section (2) of section 1 of the Waqf (Amendment) Act, 2025 (14 of 2025), the Central Government hereby appoints the 8th day of April, 2025, as the date on which the provisions of the said Act shall come into force." The Lok Sabha and the Rajya Sabha passed the bill post-midnight on April 3 and April 4 respectively. President Droupadi Murmu gave her assent to the proposed law on April 5. While the BJP-led NDA had rallied in support of the Bill, the Opposition INDIA bloc united in opposing it.

Meanwhile, the Centre on Tuesday filed a caveat in the Supreme Court and sought a hearing before any order was passed on the pleas challenging the constitutional validity of the Act. A caveat is filed by a party in the High Courts and the apex court to ensure that no orders are passed without hearing it. Over 10 petitions, including those by politicians and the All India Muslim Personal Law Board and Jamiat Ulama-i-Hind, were filed in the apex court challenging the validity of the newly-enacted law. Lawyers privy to the development said the petitions were likely to be listed for hearing before a bench on April 15 though it is not reflected on the apex court website as of now.

On April 7, a bench headed by Chief Justice Sanjiv Khanna assured senior advocate Kapil Sibal, appearing for Jamiat Ulama-i-Hind, to consider listing the petitions. Several Muslim bodies and Opposition MPs have moved the Supreme Court against the law, which the ruling alliance has described as a force for transparency and empowerment of backward Muslims and women from the community. The Opposition has slammed it as unconstitutional and claimed that it infringes on the rights of Muslims.

The Dravida Munnetra Kazhagam (DMK), Congress MPs Imran Pratapgarhi and Mohammad Jawed, AIMIM leader Asaduddin Owaisi, RJD MPs Manoj Jha and Faiyaz Ahmad, AAP MLA Amanatullah Khan have also filed petitions in the apex court challenging the validity of the Act. The DMK moved the Supreme Court through its deputy general secretary A Raja and said in a press release, "Despite widespread opposition, the Waqf Amendment Bill, 2025 was passed by the union government without proper consideration of the objections raised by the members of the JPC and the other stakeholders." The party said the immediate implementation of the Waqf (Amendment) Act, 2025 infringes and prejudices the rights of about 50 lakh Muslims in Tamil Nadu and 20 crore Muslims in other parts of the country.

The AIMPLB filed the plea in the top court late April 6. In a press statement, SQR Ilyas, the AIMPLB spokesperson, said the petition strongly objected to the amendments passed by Parliament for being "arbitrary, discriminatory and based on exclusion.