Supreme Court to Review Legal Challenges Against Waqf (Amendment) Act, 2025

Supreme Court Set to Hear Waqf Act Challenges

New Delhi: The Supreme Court is expected to hear a series of petitions on April 15 that challenge the constitutional legitimacy of the Waqf (Amendment) Act, 2025.

On Tuesday, the Central Government submitted a caveat to the Supreme Court, requesting to be heard before any decisions are made regarding the case.

A caveat is a legal notice filed to prevent any orders from being issued without the party's knowledge.

Meanwhile, a government notification confirmed that the Waqf (Amendment) Act, 2025, which was recently passed by Parliament, is effective as of Tuesday.

The Ministry of Minority Affairs announced that the provisions of the Act would come into force on April 8, 2025.

More than ten petitions have been lodged in the Supreme Court, including those from political figures and organizations such as the All India Muslim Personal Law Board (AIMPLB) and Jamiat Ulama-i-Hind, contesting the new law's validity.

Legal sources indicate that these petitions are likely to be scheduled for a hearing on April 15, although this is not yet reflected on the Supreme Court's official website.

On April 7, Chief Justice Sanjiv Khanna assured senior advocate Kapil Sibal, representing Jamiat Ulama-i-Hind, that the petitions would be considered for listing.

President Droupadi Murmu approved the Waqf (Amendment) Bill, 2025, on April 5, following intense debates in both houses of Parliament.

The bill passed in the Rajya Sabha with 128 votes in favor and 95 against, while the Lok Sabha approved it with 288 votes for and 232 against.

Petitioners include members from the Dravida Munnetra Kazhagam (DMK), Congress MPs Imran Pratapgarhi and Mohammad Jawed, AIMIM leader Asaduddin Owaisi, RJD MPs Manoj Jha and Faiyaz Ahmad, and AAP MLA Amanatullah Khan, all challenging the Act's validity.

The DMK, represented by its deputy general secretary A. Raja, stated that the bill was passed despite significant opposition and without adequately addressing concerns raised by various stakeholders.

They argued that the immediate enforcement of the Waqf (Amendment) Act, 2025, infringes on the rights of approximately 5 million Muslims in Tamil Nadu and 200 million across India.

The AIMPLB filed its petition on April 6, with spokesperson SQR Ilyas asserting that the amendments are arbitrary, discriminatory, and exclusionary.

The amendments allegedly violate fundamental rights under Articles 25 and 26 of the Indian Constitution, which guarantee religious freedom and the right to manage religious institutions.

The petition is being handled by advocate M R Shamshad, with advocate-on-record Talha Abdul Rahman representing the AIMPLB.

Jamiat Ulama-i-Hind also submitted a petition, describing the law as a 'dangerous conspiracy' against the religious freedoms of Muslims.

Their petition claims the law directly undermines the Constitution, which ensures equal rights and religious freedom for all citizens.

Additionally, the Samastha Kerala Jamiathul Ulema, a Sunni Muslim scholars' organization, filed a separate petition asserting that the Act intrudes on the rights of religious denominations to manage their affairs.

Jawed's petition contends that the Act imposes unjust restrictions on Waqf properties, compromising the religious autonomy of the Muslim community.

Owaisi's plea argues that the bill strips Waqfs of protections afforded to other religious endowments, constituting discrimination against Muslims and violating Articles 14 and 15 of the Constitution.

The NGO Association for the Protection of Civil Rights has also challenged the Act's constitutional validity.

AAP MLA Amanatullah Khan is seeking a declaration that the law is unconstitutional, citing violations of multiple constitutional articles.