Kerala unlikely to implead in Waqf Amendment Act case in Supreme Court

The Kerala government will not implead in the Waqf Amendment Act case for the time being in the Supreme Court challenging the validity of the enactment, even as a few BJP-led State governments have already approached the court in support of the legislation. The Supreme Court is to consider the case on Monday.

The top court had earlier stated that it would consider only five petitions in the case, and the other petitions would be considered as intervention or impleading petitions. The court took the stand as a large number of petitions were filed in the case. The Kerala Waqf Board, which is a respondent in the two cases related to the Munambam land that are pending before the Waqf Tribunal, seized the opportunity and filed a petition to be impleaded in the case.

Six BJP-ruled States, including Madhya Pradesh and Assam, have supported the constitutionality of the Waqf (Amendment) Act, 2025, in the apex court. The CPI(M)-led Kerala government was one of the first State governments in the country to fiercely oppose the legislation. The Congress-led Opposition parties joined hands with the State government to unanimously pass a resolution in the State Assembly urging the Union government to scrap the move.

The stand taken by the State government and the Waqf Board in the case is keenly watched by various community organisations in the State, as the dispute over the Munambam land, which was reportedly given as a Waqf to Farook College, had led to an unusual socio-political situation in the State. The BJP had offered its support to the agitation led by a few Church-affiliated organisations.

‘Wait-and-watch mode’

“The State government is currently monitoring the developments in the case in the Supreme Court. We are in a wait-and-watch mode,” said P. Rajeeve, State Minister for Law.

Lawyers of the State government in the apex court confirmed that they have not received any instruction from the government on filing the impleading petition. Interestingly, the State government is understood to have earlier explored the legal possibilities of engaging itself in the case. However, a final call was not taken.

Church leadership

Meanwhile, a section of Church leadership met Mr. Rajeeve last week seeking the government’s support to resolve the Munambam imbroglio. A few leaders of the protesters, who were hopeful that the enactment of the legislation would instantly solve the land issue, had expressed their exasperation over the possibility of a prolonged legal battle to reclaim the revenue rights of their holdings.