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Assam, Four Other States Move SC In Support Of Waqf Amendment Act 2025

 

GUWAHATI: The Assam government has moved an intervention application supporting the legislation of Waqf Amendment Act 2025, amid nationwide petitions challenging the implementation of the act. Rajasthan, Chhattisgarh, Uttarakhand and Maharashtra have also sought to be impleaded in the matter, asserting that the law introduces much-needed reforms and safeguards.

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In its application, Assam, in particular, defended the provision inserted through Section 3E of the amended Act, which bars the creation of Waqf over Scheduled Tribal areas falling under the Fifth or Sixth Schedule of the Constitution. The authorities asserted that this clause was significant for the State, where eight districts are governed under the Sixth Schedule.

Assam further contended that the amendment was constitutionally sound and essential to prevent misuse of Waqf laws in areas with special constitutional protections. It argued that as the Act’s primary implementing authority, it is a necessary and proper party in the case and holds crucial records that could assist the Court in deciding the matter.

Meanwhile, the petitions, filed by the All India Muslim Personal Law Board and others, challenge the constitutional validity of the Amendment Act. They argue that it violates rights under Articles 14, 15, 25 and 26 of the Constitution. However, the five states in support of the Act have contested these claims.

Rajasthan, in its application, acknowledged the petitioners’ concerns but said the challenge failed to reflect administrative realities. It maintained that the legislation enhances transparency and fairness by mandating public notices before changes in land records related to Waqf property.

The petitions have been scheduled to be heard by a bench comprising Chief Justice of India Sanjiv Khanna, Justice PV Sanjay Kumar and Justice KV Viswanathan on Wednesday, April 16.

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