Waqf Amendment Act Faces Supreme Court Challenge Over Constitutionality

New Delhi, April 7, 2025 – The Supreme Court of India is now seized with multiple petitions challenging the constitutional validity of the Waqf (Amendment) Act 2025, a recently enacted law that has sparked significant debate and controversy within the Muslim community and legal circles. Chief Justice of India (CJI) Sanjiv Khanna acknowledged the urgency of the matter on Monday but emphasized the court's established system for handling urgent listings, indicating that the petitions would be considered for hearing in due course, though without granting an immediate urgent hearing.

The petitions, brought forth by various Muslim organizations, political figures, and individuals, argue that the amendments fundamentally alter the administration and management of Waqf properties, infringing upon the religious autonomy of the Muslim community and violating several fundamental rights guaranteed by the Indian Constitution. Senior Advocate Kapil Sibal , representing Jamiat Ulema-i-Hind President Maulana Arshad Madani , was among the first to mention the matter before the CJI, seeking an urgent listing.

“We are challenging the Waqf (Amendment) Act,” Sibal stated, highlighting the concerns of numerous petitioners. However, CJI Khanna, while assuring that the matter would be reviewed, queried the need for oral mentioning when a system for urgent listing already exists. "All the urgent matters will be placed before me in the afternoon…why are you mentioning when we have a system in place?" CJI Khanna remarked, emphasizing the court's protocol for handling such requests. Advocate Nizam Pasha, representing Lok Sabha MP Asaduddin Owaisi , and advocates for Samastha Kerala Jamiatul Ulema also pressed for an early hearing, underscoring the widespread concern over the new legislation.

Background: The Waqf Amendment Act 2025 and Its Contentious Provisions

The Waqf (Amendment) Act 2025, which received Presidential assent on April 5, 2025, and was passed by Parliament just a day prior, amends the existing Waqf Act of 1995. Waqf, in Islamic law, refers to a permanent dedication of movable or immovable properties for religious, pious, or charitable purposes. The 1995 Act was enacted to manage and regulate these Waqf properties across India.

The 2025 amendments introduce significant changes to the Waqf administration framework. One of the most contentious alterations is the removal of the concept of “waqf by user.” Historically , under Indian Waqf jurisprudence, properties used for religious purposes for extended periods, even without formal deeds of dedication, could be recognized as Waqf. This principle was even acknowledged by the Supreme Court in the Ramjanmabhumi-Babri Masjid judgment. Petitioners argue that eliminating this concept jeopardizes the status of numerous long-standing religious sites, especially those lacking formal documentation due to their historical origins, like mosques and graveyards.

Another key challenge revolves around new restrictions on creating Waqfs. The amended Act stipulates that only a Muslim who has practiced Islam for at least five years and owns the property can declare it as Waqf. This introduces a novel eligibility criterion not previously present and is seen by petitioners as an undue restriction on the right to dedicate property for religious purposes.

Changes to the composition of the Central Waqf Council and State Waqf Boards are also under scrutiny. The amendment dilutes the requirement for Muslim-majority membership in these administrative bodies. Petitioners argue that mandating the inclusion of non-Muslim members and removing the necessity for key positions like CEO of Waqf Boards to be held by Muslims undermines the Muslim community's right to manage its religious affairs autonomously, a right they contend is protected under Article 26 of the Constitution. They further argue that this is discriminatory as Hindu religious endowments are managed exclusively by Hindus under separate state enactments.

Furthermore, the Act introduces new grounds for invalidating Waqf declarations , such as declaring Waqfs over Archaeological Survey of India (ASI)-protected monuments as invalid and prohibiting the creation of Waqfs on properties belonging to Scheduled Tribes. These provisions, added during parliamentary debates, have raised concerns about their scope and potential impact on existing Waqf properties and the rights of Scheduled Tribes.

Grounds of Challenge: Constitutional and Legal Arguments

The petitions before the Supreme Court articulate a multi-pronged attack on the Waqf Amendment Act 2025, primarily focusing on its alleged constitutional infirmities. Key grounds of challenge include:

• Violation of Article 14 (Right to Equality): Petitioners argue that the Act discriminates against Muslims by imposing restrictions and regulations on Waqf properties that are not applicable to other religious endowments in India. They contend that this differential treatment lacks reasonable justification and violates the principle of equality before the law.

• Violation of Article 25 (Freedom of Religion) and Article 26 (Freedom to Manage Religious Affairs): The amendments are argued to infringe upon the fundamental right to profess, practice, and propagate religion (Article 25) and the right of religious denominations to manage their own affairs in matters of religion (Article 26). The petitioners assert that the increased state control over Waqf administration, the changes in board composition, and the restrictions on Waqf creation constitute unwarranted interference in the religious affairs of the Muslim community and undermine their religious autonomy.

• Violation of Article 300A (Right to Property): Petitioners contend that the Act undermines property rights by expanding state control over Waqf assets and limiting the ability of individuals to dedicate property for religious purposes. They argue that these amendments effectively dilute the property rights associated with Waqf and subject them to heightened scrutiny and governmental intervention, contrary to the spirit of Article 300A.

• Undermining Established Legal Principles: The removal of the "waqf by user" principle is highlighted as a significant departure from established Waqf jurisprudence and Supreme Court precedents, including the Ramjanmabhumi-Babri Masjid judgment. Petitioners argue that this retrogressive step disregards the historical realities of Waqf creation and usage in India.

Petitioners and Their Concerns

Several prominent organizations and individuals have approached the Supreme Court challenging the Act. Jamiat Ulema-i-Hind, a leading Islamic organization, has voiced strong opposition, stating the law is a "direct attack on the country's Constitution, which not only provides equal rights to its citizens but also grants them complete religious freedom." Maulana Arshad Madani , President of Jamiat, has termed the Act a "dangerous conspiracy to strip Muslims of their religious freedom."

Lok Sabha MP Asaduddin Owaisi , representing AIMIM, has also filed a petition, emphasizing the Act’s detrimental impact on the Muslim community's religious and property rights. Samastha Kerala Jamiatul Ulema, a body of Sunni scholars from Kerala, has also joined the legal challenge, highlighting concerns specific to Waqf administration in the southern state. Furthermore, AAP MLA Amanatullah Khan, Congress MP Mohammad Jawed, and the NGO Association for Protection of Civil Rights (APCR) had already filed petitions challenging the Waqf Bill even before it received Presidential assent, indicating a sustained and broad-based opposition to the legislative changes.

Supreme Court's Approach and Way Forward

While CJI Sanjiv Khanna has acknowledged the mentioning of the petitions and assured consideration, no urgent interim relief or stay on the Act's implementation has been granted yet. The court's emphasis on its "system in place" for listing urgent matters suggests a procedural approach, and it remains to be seen when the petitions will be formally listed for a hearing and what interim orders, if any, will be issued.

The legal challenge to the Waqf Amendment Act 2025 is of significant consequence, raising fundamental questions about religious autonomy, minority rights, and the scope of legislative intervention in religious matters in India. The Supreme Court's adjudication of these petitions will be closely watched by legal professionals, religious communities, and civil society at large, as it will have far-reaching implications for the management of Waqf properties and the broader framework of religious freedom and secularism in the country. The outcome could potentially redefine the relationship between the state and religious institutions, particularly those of minority communities, and set a precedent for future legislative reforms impacting religious property and administration.