Tamil Nadu's DMK Takes Legal Action Against Waqf Amendment Act 2025

DMK Challenges Waqf Amendment in Supreme Court

New Delhi: The ruling party in Tamil Nadu, the DMK, has filed a petition with the Supreme Court contesting the constitutional legitimacy of the Waqf (Amendment) Act, 2025.

This writ petition was submitted by A. Raja, the Deputy General Secretary and MP, who is also part of the Joint Parliamentary Committee overseeing the Waqf Bill. The petition raises concerns about the changes made to the Waqf Act of 1995.

On March 27, the DMK-led government in Tamil Nadu passed a resolution in the Assembly, urging the Union government to retract the Waqf (Amendment) Bill, 2025, citing its negative impact on the rights of the Muslim minority community. The party argued that the legislation was enacted without adequately addressing the concerns raised by the Joint Parliamentary Committee and other stakeholders, thereby jeopardizing the rights of approximately 5 million Muslims in Tamil Nadu and 200 million across the nation.

Earlier today, Chief Justice of India (CJI) Sanjiv Khanna was requested to prioritize the hearing of the petitions challenging the Waqf (Amendment) Act, 2025.

CJI Khanna assured senior advocate Kapil Sibal that the case would be scheduled for urgent consideration.

He stated, “I will take care of the (urgent mentioning) letter this afternoon,” addressing Sibal.

Following the passage of the legislation in both Houses of Parliament on Friday, the Congress party declared its intention to contest the Waqf (Amendment) Bill in the Supreme Court, asserting that it undermines the fundamental structure of the Constitution and aims to “polarize” and “divide” the nation along religious lines.

The government, however, claims that millions of impoverished Muslims will benefit from this legislation, asserting that it does not harm any individual Muslim. Minority Affairs Minister Kiren Rijiju emphasized that the law does not interfere with Waqf properties, reiterating the Modi government's commitment to 'Sabka Saath and Sabka Vikas.'

In his petition to the Supreme Court, Congress MP and party whip in the Lok Sabha, Mohammad Jawed, argued that the amendments infringe upon Articles 14 (right to equality), 25 (freedom of religion), 26 (management of religious affairs), 29 (minority rights), and 300A (right to property) of the Constitution.

Similarly, Asaduddin Owaisi, the chief of the All India Majlis-e-Ittehadul Muslimeen (AIMIM), has approached the Supreme Court, claiming that the contested amendments violate Articles 14, 15, 21, 25, 26, 29, 30, and 300A of the Indian Constitution and are inherently arbitrary.

Numerous other individuals and organizations, including the Association for Protection of Civil Rights, AAP leader Amanatullah Khan, Maulana Arshad Madani from 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 also filed petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.

The term ‘Waqf’ is deeply rooted in Islamic law and refers to an endowment made by a Muslim for charitable or religious purposes, which can include mosques, schools, hospitals, or other public institutions.