Kerala decides to oppose Wakf (Amendment) Act in Supreme Court

The Hindu

11-05-2025

The Kerala government has eventually made up its mind to challenge the constitutional validity of the Waqf (Amendment) Act 2025 in the Supreme Court.
The State government has issued instructions to its legal officers to file an impleading petition in the Supreme Court, said P. Rajeeve, Minister for Law.
The State government had been dilly-dallying on the question of opposing the legislation in the top court even as several BJP-led State governments had impleaded in the case with the prayer to protect the recently passed legislation by the Union government.
The writ petitions challenging the validity of the Act are likely to be considered by a Bench headed by Justice B.R. Gavai, after his swearing in as the Chief Justice of India on May 14. Kerala will initiate the proceedings for impleading in the case later this week, legal sources indicated.
The State will oppose the Act by contending that it violated some of the constitutional provisions and values. Kerala views the Act as a transgression on the constitutionally guaranteed freedom of religious denominations to establish and maintain institutions for religious and charitable purposes, manage their affairs in matters of religion, own and acquire movable and immovable property, and administer such property by law, sources said.
A unanimous resolution passed by the State legislature on October 14 last year had asked the Union government to drop the amendments as the legislators felt that the amendments violated the tenets of federalism and weakened the functioning and powers of the State Waqf Boards and the Waqf Tribunals. The provisions of the Act, which have replaced the election of the Waqf Board members with nominations, went against the democratic values and norms, the resolution had criticised.
The spirit of the unanimous resolution and the views expressed by the State government against the legislation before the Joint Parliament Committee on proposed Waqf amendments will reflect in its petition. The State had also taken strong objection to the inclusion of non-Muslims in the Waqf Board, pointed out legal sources.
A section of the Church, which had been spearheading the Munambam protests seeking revenue rights on the holding, which was reportedly given as Waqf, had backed the legislation and asked the MPs from the State to vote for it in Parliament. However, several Muslim organisations had taken out extensive campaigns against the Act in the State.