New Delhi, Apr 7 (UNI) The Supreme Court of India has agreed to hear a bunch of petitions challenging the constitutional validity of the controversial Waqf (Amendment) Act, 2025, which received Presidential assent on April 5, 2025.
The Act, passed by Parliament last week, has attracted huge criticism from some political quarters, certain religious organizations and a few civil rights groups.
A number of writ petitions have been filed under Article 32, with the petitioners contending that the provisions in the new law go against the constitutional guarantees and violate Minority Autonomy.
A large segment among the Muslims feel that the new law infringes upon the rights of the community to independently manage their religious and charitable institutions, protected under Articles 25, 26, and 29.
Petitioners argue that the role given to the District Collector enables arbitrary executive control over religious endowments and is an executive overreach.
The petitions also invoke violations of Articles 14 (equality before law) and 300A (right to property), claiming that the law undermines legal safeguards and is an infringement of fundamental rights.
The challenge has been mounted by a diverse group of political figures, organizations, and religious leaders:Mohammad Jawed, Member of Parliament (Congress), Asaduddin Owaisi, President of AIMIM, Amanatullah Khan, MLA (AAP), Association for Protection of Civil Rights (APCR), an NGO, Maulana Arshad Madani, President of Jamiat Ulema-i-Hind and Samastha Kerala Jamiathul Ulema, a leading Muslim religious body in Kerala.
The pleas were mentioned before a bench led by Chief Justice Sanjiv Khanna, and the court has agreed to list them for hearing, following a mention by senior advocate Kapil Sibal.
Key Features of the Waqf (Amendment) Act, 2025:Inclusion of Non-Muslim Members: The Act mandates the inclusion of non-Muslim members in both the Central Waqf Council and State Waqf Boards.
District Collector’s Oversight: The responsibility for conducting waqf property surveys and resolving disputes over ownership has been entrusted to the District Collector.
Redefined Waqf Creation Criteria: The Act limits the creation of waqf to individuals who have practiced Islam for a minimum of five years, thereby removing earlier provisions that allowed non-Muslims to create waqf.
The Supreme Court’s response to the constitutional challenge will be closely watched in the coming weeks.
