Kerala moves SC to protect its ‘large percentage of Muslims’ from 2025 Waqf amendments

Kerala moves the Supreme Court challenging the provisions of the Waqf (Amendment) Act of 2025.

Kerala has moved the Supreme Court to protect the fundamental right of the “quite a large percentage of Muslims” in the State to manage their own religious affairs while challenging the provisions of the Waqf (Amendment) Act of 2025.

The State said the Muslim population of Kerala was wary about the consequences of the 2025 Act on their waqfs and waqf properties.

“They have got genuine apprehension that implementation of the present amendment Act would deny them their fundamental rights under the Constitution including Article 25; and that the implementation would negate or alter the nature and status of waqf and waqf properties. The State feels that the apprehension of the Muslim minority in Kerala that they are discriminated against in the matter of right to manage religious affairs, the waqf and waqf properties is genuine,” an intervening application filed through State counsel, advocate C.K. Sasi, submitted.

The State said it found many of the provisions of the amendment Act “highly unjust and their constitutional validity doubtful”.

Kerala said it wanted to intervene in the waqf challenge and sought its day in court against the 2025 Act.

“The State is very much interested in the outcome of the case. The State has got valid legal and constitutional submissions to be made before this court,” the application said.

Kerala argued that a waqf -- once a waqf would always be a waqf. “Nobody, including the waqf or his heirs, can alter the nature of the properties involved in a Waqf after its creation. The new provision would definitely make the status of the existing waqf uncertain/or alter the nature of waqf,” the State noted.