Rajasthan govt moves SC to be party in petitions challenging Waqf (Amendment) Act
The Rajasthan government has defended the Waqf (Amendment) Act as a transparent and constitutionally sound reform
Jaipur: The Rajasthan government has approached the Supreme Court seeking to implead itself as a party in the ongoing batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The application defends the Amendment Act as a transparent and constitutionally sound reform.
The petitions challenging the Act, including the one filed by All India Majlis-e-Ittehadul Muslimeen (AIMIM) member of Parliament (MP) Asaduddin Owaisi, are listed for hearing on Wednesday. It comes against the backdrop of protests against the Act which turned violent in states such as West Bengal and Tripura.
The application for intervention on behalf of the State of Rajasthan has been filed by Additional Advocate General Shiv Mangal Sharma, who has also drawn and settled the intervention application before the Supreme Court.
Sharma said the Rajasthan government in its application, asserts that it has a direct, substantial, and legally protectable interest in the matter, being the primary executive authority responsible for the administration and regulation of Waqf properties within the State. The intervention seeks to present the legislative intent, constitutional justification, and administrative realities behind the Amendment Act, 2025, which was passed after extensive national consultations.
He said the application defends the Amendment Act as a transparent and constitutionally sound reform aimed at curbing arbitrary inclusion of government and private land as Waqf property, a practice that has, in several instances, paralysed public development and infrastructure projects. One of the key reforms introduced is the mandatory public notice and objection mechanism prior to listing any land as Waqf, thus ensuring procedural due process and protecting the rights of affected stakeholders.
The State also highlights that the legislation was backed unanimously by the Joint Parliamentary Committee after taking into account the views of more than 284 stakeholders, including Waqf Boards, State Governments, and legal experts. It further argues that the Act does not infringe on religious freedoms under Articles 25 and 26, nor does it violate equality before law under Articles 14 and 15, as claimed in the petitions.
“The Rajasthan government has prayed for permission to file a detailed affidavit in the matter and assist the court with comparative legal perspectives and empirical data, asserting that its role is vital for the Hon’ble Court to arrive at a balanced and informed adjudication,” said Sharma.
