Supreme Court hears multiple pleas challenging waqf (Amendment) act

Mangalore Today News Network

New Delhi, April 16, 2025: A three-judge bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan is now hearing a clutch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.

In his submission, senior advocate Kapil Sibal, appearing for the petitioners, referred to Article 25 and 26, and said, “What is sought through Parliamentary legislation is to interfere with essential and integral part of faith."

“In accordance with the law, will take the essential practice of my religion," he said.

Referring to Section 3(r) of the 2025 Act – the definition of Waqf, Sibal said, “If I want to set up Waqf, I have to show that I have been practising Islam for five years. If I am born a Muslim, why would I do that?".

“The inheritance in Islam happens after death, they are interfering before that," Sibal argued.

PETITIONS AGAINST WAQF ACT

As the legislation was passed in the Parliament in the first week of April, the Congress announced it would challenge the Waqf (Amendment) Bill (now an Act after the Presidential assent) before the Supreme Court.

The party had claimed that it was an attack on the basic structure of the Constitution and was aimed at “polarising" and “dividing" the country on the basis of religion.

In his petition filed before the court, Congress MP and party whip in Lok Sabha Mohammad Jawed contended that the amendments violated Articles 14 (right to equality), 25 (freedom to practice and propagate religion), 26 (freedom of religious denominations to manage their religious affairs), 29 (minority rights), and 300A (right to property) of the Constitution.

Another plea filed by All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi stated that the impugned amendments are “ex facie violative of Articles 14, 15, 21, 25, 26, 29, 30, 300A of the Constitution of India and manifestly arbitrary".

Several others, including the Association for Protection of Civil Rights, AAP leader Amanatullah Khan, Maulana Arshad Madani of Jamiat Ulema-i-Hind, the All India Muslim Personal Law Board (AIMPLB), the Social Democratic Party of India (SDPI), the Indian Union Muslim League, Taiyyab Khan Salmani, and Anjum Kadari, have filed the petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.

On the other hand, six BJP-ruled states — Haryana, Maharashtra, Madhya Pradesh, Rajasthan, Chhattisgarh and Assam — have filed separate pleas highlighting the potential administrative and legal ramifications if the Waqf (Amendment) Act is struck down or altered.

The government said that crores of poor Muslims will benefit from this legislation, and in no way does it harm any single Muslim.

Minority Affairs Minister Kiren Rijiju said the legislation did not interfere with the Waqf properties, adding that the Modi government works with the vision of ‘Sabka Saath and Sabka Vikas’.

PLEAS BY DIFFERENT STATES

Haryana, which has filed the intervention in the lead petition, emphasised the urgent need for reform in the management of Waqf property.

The state government pointed to persistent issues such as incomplete property surveys, lack of proper accounting, long-pending cases in Waqf tribunals and irregular or missing records of property mutations.

It said the amended law seeks to bring a unified structure for Waqf management and ensure greater oversight of Mutawallis (custodians).

The Maharashtra government asserted that it is crucial to assist the apex court by providing parliamentary records, committee recommendations and insights from national consultations.

It also promised to share comparative frameworks of religious endowment laws across India along with empirical data highlighting misuse and lack of transparency in the Waqf administration.

According to the plea by Madhya Pradesh, the Waqf law aims to bring about significant reforms in the governance and regulation of Waqf properties.

The state emphasised that the law envisions a legally robust and technology-driven system that promotes transparency, accountability and socio-economic upliftment of intended beneficiaries.

The Rajasthan government raised concerns over past practices where properties — whether privately owned or held by the state — were being declared Waqf assets without due process.

The new provisions, it said, correct this by mandating a 90-day public notice in two widely circulated newspapers before any such declaration.

This move, Rajasthan contended, ensures transparency and procedural fairness by giving affected stakeholders a chance to raise objections.

Chhattisgarh, in its plea, underlined the importance of simplifying administrative procedures and improving coordination between Waqf boards and local authorities.

The creation of a digital portal for Waqf property management, the state noted, will help in better tracking, identification and auditing of assets, ultimately strengthening transparency in financial practices.

Assam’s plea drew attention to Section 3E of the amended Act, which bars any declaration of land in Scheduled or Tribal Areas — covered under the Fifth or Sixth Schedule of the Constitution — as Waqf property.

The state pointed out that eight of its 35 districts fall under the Sixth Schedule and, thus, it has a direct stake in the outcome of the case.

The Uttarakhand Waqf Board, which has been supporting the Waqf (Amendment) Act, has also submitted an application to the Supreme Court seeking permission to intervene in the writ petition filed by Owaisi challenging the constitutional validity of the law.

The concept of ‘Waqf’, rooted in Islamic laws and traditions, refers to an endowment made by a Muslim for charitable or religious purposes, such as mosques, schools, hospitals, or other public institutions.