Plea challenges Waqf Act, seeks urgent listing
AIMIM president Asaduddin Owaisi has approached the Supreme Court, joining others in challenging the validity of Waqf Act.
New Delhi: Petitions Against Waqf Act Amendments Mentioned Before CJI for Urgent Listing
Petitions challenging the recent changes made to the Waqf Act were mentioned on Monday before the Chief Justice of India (CJI) Sanjiv Khanna for urgent consideration. Senior advocate Kapil Sibal, representing the petitioners, sought a swift hearing on the pleas questioning the constitutional validity of the Waqf (Amendment) Act, 2025.
Responding to the request, CJI Khanna—who controls the listing of cases—asked Sibal whether a formal email with the mentioning letter had been submitted.
The petitions were filed shortly after Parliament passed the Waqf (Amendment) Bill, 2025, on Friday. The bill’s approval by both the Lok Sabha and the Rajya Sabha has sparked significant legal and political backlash.
The Indian National Congress was among the first political entities to announce that it would contest the newly enacted law before the Supreme Court.
One of the key petitioners is Congress MP Mohammad Jawed, who also serves as the party whip in the Lok Sabha. In his plea, he argued that the amendments violate multiple fundamental rights enshrined in the Constitution—specifically Articles 14 (equality before law), 25 (freedom of religion), 26 (rights of religious denominations), 29 (protection of minority interests), and 300A (right to property).
Joining the chorus of legal challenges is AIMIM president Asaduddin Owaisi. He has also approached the Supreme Court, contending that the revised provisions in the Waqf Act are “ex facie violative” of numerous constitutional protections, including Articles 14, 15 (prohibition of discrimination), 21 (right to life and personal liberty), 25, 26, 29, 30 (rights of minorities to establish and administer educational institutions), and 300A. Owaisi described the amendments as manifestly arbitrary and unconstitutional.
The legal and political challenges revolve around the definition and treatment of ‘Waqf’, an Islamic practice that involves endowing property for charitable or religious use—typically funding mosques, schools, hospitals, or public welfare institutions.
While critics claim that the amendments weaken protections for Waqf properties and marginalize minority rights, the government has taken a different stance. It maintains that the new law is designed to benefit millions of underprivileged Muslims and does not compromise the rights of any individual or group.
Union Minister for Minority Affairs Kiren Rijiju clarified that the legislation does not tamper with existing Waqf properties. Reiterating the government’s inclusive development vision, he said the Modi administration remains committed to the principles of “Sabka Saath, Sabka Vikas”—meaning support and progress for all.
As the Supreme Court prepares to hear these high-stakes petitions, the debate around the Waqf (Amendment) Act, 2025, is expected to intensify in both legal and political spheres in the coming weeks.