AIMPLB to move Supreme Court against Centre establishing Waqf Umeed Portal

The All India Muslim Personal Law Board has issued a press note stating that it will soon approach the Supreme Court against the government's move to launch the “Waqf Umeed Portal” from June 6.

"...it is unfortunate that despite this, the government is launching the “Waqf Umeed Portal” from June 6 and is making the registration of waqf properties mandatory through it. This action is entirely illegal and clearly constitutes contempt of court", the AIMPLB has stated in a press note issued by it.

The Supreme Court on May 22nd had reserved its order on interim relief in a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, which, among other provisions, abolishes the concept of "waqf by user" and introduces sweeping changes to the registration and classification of waqf properties across India.

CJI BR Gavai led bench had heard arguments from Senior Advocates Kapil Sibal, Rajeev Dhavan, and Abhishek Manu Singhvi on behalf of the petitioners. Solicitor General Tushar Mehta appeared for the Union of India.

The All India Muslim Personal Law Board, in a rejoinder to the preliminary affidavit filed by the Centre, last month have asserted that the recent legislative changes in the Waqf (Amendment) Act, 2025, infringe upon fundamental rights and were passed through a flawed parliamentary process. The Board argued that the Respondents’ defense, that the amendments do not affect essential religious practices, is legally untenable. It stated that compelling the Petitioners to undergo the “Essential Religious Practices” (ERP) test is not only constitutionally misplaced but also ignores the evolution of Indian constitutional jurisprudence.

Defending the Act, the Association for the Protection of Civil Rights (APCR) has strongly opposed the plea, terming it “misleading,” “surreptitious,” and a “misuse of judicial process.” The APCR has contended that the petition lacks locus standi, fails to present any credible evidence or injury, and seeks to propagate unsubstantiated communal narratives regarding the alleged encroachment of Hindu religious land.

Central Government had submitted a detailed preliminary affidavit before the Supreme Court, defending the constitutional validity of the Waqf (Amendment) Act, 2025, and opposing interim reliefs sought by petitioners challenging the law.

Centre argued that the Waqf Amendment Act, 2025, was passed after extensive consultations, including the formation of a 31-member Joint Parliamentary Committee (JPC) comprising representatives from multiple political parties. The affidavit emphasizes that many of the petitioners had themselves participated in the JPC deliberations.

“Grant of an injunction against the operation of any provision of the law, either directly or indirectly, would be violative of the presumption of constitutionality, which is a critical component of the balance of power between the legislature and the judiciary,” the Centre had further submitted.

On April 17, the Supreme Court had directed the Centre not to act upon the controversial provisions of the Act until further hearing, allowing State Governments and Waqf Boards to submit their responses.

Notably, the bill, introduced by Union Minority Affairs Minister Kiren Rijiju on August 28, 2024, in the Lok Sabha, aimed to amend the Waqf Act, 1995, to address management issues surrounding waqf properties.