Congress to Challenge Waqf Bill Constitutionality in Supreme Court

New Delhi, April 5, 2025 – The Indian National Congress (INC) has announced its intention to challenge the constitutionality of the Waqf (Amendment) Bill, 2024, in the Supreme Court of India. This move comes immediately after the Bill was passed by both houses of Parliament, marking a significant escalation in the political and legal battle over the contentious legislation.

The announcement was made on Friday, April 4, 2025, by AICC General Secretary Jairam Ramesh via a post on social media platform X. "The INC will very soon be challenging in the Supreme Court the constitutionality of the Wakf (Amendment) Bill, 2024," Ramesh stated, signaling the party's firm resolve to contest the legal validity of the newly passed legislation.

This challenge sets the stage for a crucial judicial review of the Waqf (Amendment) Bill, which has already faced intense scrutiny and opposition in Parliament. The Congress party and other opposition factions have consistently criticized the Bill, alleging it to be "anti- Muslim " and "unconstitutional," accusations vehemently denied by the ruling Bharatiya Janata Party (BJP) and the government.

Grounds for the Constitutional Challenge

While the specific grounds for the constitutional challenge are yet to be formally articulated in a Supreme Court petition, indications from Congress leaders point towards violations of fundamental rights and constitutional principles. Opposition leaders have voiced concerns that the Waqf (Amendment) Bill infringes upon the religious rights of the Muslim community and potentially encroaches upon their management of Waqf properties, which are charitable endowments under Islamic law.

Congress Rajya Sabha MP Abhishek Manu Singhvi , a senior advocate and legal expert, has already suggested the potential vulnerability of the Bill to judicial scrutiny. "If the bill is challenged, there is a big chance that the judiciary will declare it unconstitutional," Singhvi remarked, highlighting the perceived legal weaknesses of the legislation. While Singhvi did not explicitly detail the constitutional provisions that might be violated, the challenge is expected to revolve around arguments that the Bill contravenes Articles pertaining to religious freedom (Article 25-28), minority rights (Article 29-30), and potentially the secular fabric of the Indian Constitution.

Furthermore, the opposition has criticized the legislative process itself, accusing the government of "misusing its majority" to push through the Bill without adequate consultation or consideration of dissenting voices. Mallikarjun Kharge , Congress President and Leader of Opposition in the Rajya Sabha, directly accused the government of taking a "negative stand" and sowing seeds of discord through this legislation. Such arguments, although primarily political, can sometimes frame the context within which the judiciary assesses the fairness and reasonableness of a law.

Parliamentary Passage and Opposition Outcry

The Waqf (Amendment) Bill, 2024, was passed by Parliament after a protracted and often acrimonious debate. The Lok Sabha approved the Bill on Thursday, April 3, 2025, after a marathon 12-hour session, while the Rajya Sabha gave its nod in the early hours of Friday, April 4, 2025, following a similarly lengthy and heated discussion that stretched beyond midnight.

During the parliamentary debates, opposition parties, including the Congress, Trinamool Congress, DMK, AAP, Samajwadi Party, RJD, and Left parties, mounted a strong resistance against the Bill. They raised concerns about its potential impact on the Muslim community and questioned the government's intentions behind introducing the amendments. Kharge even appealed to Union Home Minister Amit Shah to withdraw the Bill, arguing it was "against the Constitution" and would lead to disputes and disharmony in the country.

However, the government remained steadfast in its defense of the Bill. BJP leaders asserted that the legislation is aimed at bringing transparency, efficiency, and better management to Waqf boards and properties. They argued that the amendments are necessary to modernize the existing Waqf laws and ensure that Waqf properties are utilized for the benefit of the community, particularly the marginalized and the poor.

Union Minority Affairs Minister Kiren Rijiju emphasized that Waqf Boards, as statutory bodies, should remain secular and function in a transparent manner. Prime Minister Narendra Modi hailed the passage of the Bill as a "watershed moment," claiming it would promote socio-economic justice, transparency, and inclusive growth, particularly benefiting those on the margins.

Despite the government's assurances, the opposition remained unconvinced, culminating in the Congress party's decision to challenge the Bill's constitutionality in the Supreme Court. The voting figures in both houses highlight the deep political divide over the legislation, with the Rajya Sabha passing the Bill 128 to 95 and the Lok Sabha approving it 288 to 232, largely along party lines.

Government's Stance and Justification

The government's justification for the Waqf (Amendment) Bill centers on the need to reform and modernize the management of Waqf properties in India. According to the government, the amendments are designed to address shortcomings in the existing Waqf Act of 1995 and to enhance the efficiency and transparency of Waqf boards.

Key provisions of the Bill, as highlighted by government sources, include:

Strengthening Waqf Tribunals: The Bill aims to strengthen Waqf tribunals to facilitate efficient dispute resolution related to Waqf properties. This includes a structured selection process and fixed tenures for tribunal members.

Reduced Mandatory Contribution: The mandatory contribution of Waqf institutions to Waqf boards has been reduced from 7% to 5%, potentially easing the financial burden on these institutions.

Enhanced Auditing: Waqf institutions with earnings exceeding ₹1 lakh will be subject to audits by state-sponsored auditors to ensure financial accountability.

Centralized Portal: The Bill proposes the creation of a centralized portal for automating Waqf property management, aiming to improve efficiency and transparency in record-keeping and administration.

Restoration of Pre-2013 Rules for Dedication: The Bill seeks to restore pre-2013 rules allowing practicing Muslim s with five years of practice to dedicate property to Waqf, potentially broadening the scope of Waqf endowments.

The government argues that these amendments are progressive and will ultimately benefit the Muslim community by ensuring better management and utilization of Waqf properties for charitable and community purposes. They reject the opposition's claims that the Bill is "anti- Muslim ," asserting that it is instead pro-reform and pro-transparency. BJP leader JP Nadda, Leader of the House, specifically countered accusations by stating that the legislation is designed to protect the rights of the poor and Muslim women, refuting claims of discrimination.

Broader Political and Legal Context

The Congress party's decision to challenge the Waqf (Amendment) Bill is not an isolated incident. Jairam Ramesh , in his announcement, also pointed out the INC's ongoing legal challenges in the Supreme Court against other legislations and amendments passed by the Modi government, including the Citizenship Amendment Act (CAA) of 2019, amendments to the RTI Act of 2005, amendments to the Conduct of Election Rules (2024), and interventions related to the Places of Worship Act of 1991.

This pattern suggests a broader strategy by the Congress party to utilize judicial review as a check against what they perceive as government overreach and legislations that are constitutionally suspect or detrimental to minority rights and democratic principles. The Waqf Bill challenge, therefore, needs to be viewed within this wider context of ongoing political and legal battles between the ruling party and the opposition.

The Supreme Court's eventual decision on the Waqf (Amendment) Bill will be significant, not only for the specific legislation but also for setting precedents regarding the scope of legislative power, the limits of judicial review in socio-religious matters, and the interpretation of constitutional provisions related to religious and minority rights in contemporary India. Legal experts and practitioners will be closely watching the developments as the case progresses through the judicial system, anticipating the arguments from both sides and the potential ramifications of the apex court's verdict.

Conclusion

The Congress party's impending legal challenge to the Waqf (Amendment) Bill in the Supreme Court marks a critical juncture in the ongoing debate surrounding this controversial legislation. As the matter moves into the judicial domain, the focus will shift to the constitutional validity of the Bill and whether it withstands judicial scrutiny. The Supreme Court's adjudication will not only determine the fate of the Waqf (Amendment) Bill but also contribute to the evolving jurisprudence on religious property rights, minority protections, and the delicate balance between legislative action and constitutional safeguards in India. The legal community will be keenly observing the proceedings, anticipating a landmark judgment that could have far-reaching implications for the management of religious endowments and the broader legal landscape of the nation.