In a significant legal move, Congress Member of Parliament Mohammad Jawed has approached the Supreme Court, challenging the newly passed Waqf Amendment Bill, 2025. Filed shortly after the Bill was cleared by both Houses of Parliament, the petition raises serious concerns about constitutional violations and the alleged marginalization of the Muslim community.
The petition was filed through Advocate-on-Record Anas Tanwir and argues that the Bill infringes upon several fundamental rights enshrined in the Indian Constitution—namely Articles 14 (Right to Equality), 15 (Prohibition of discrimination), 25 (Freedom of religion), 26 (Right to manage religious affairs), 29 (Protection of minority interests), and 300A (Right to property).
“These amendments are discriminatory and arbitrary. They place undue restrictions on the Muslim community, unlike the freedoms retained by other religious groups,” the petition states.
Though the Bill has cleared both the Lok Sabha and Rajya Sabha following extended late-night debates—stretching till 2:30 AM in the Upper House—it has not yet come into effect, as the President’s assent is pending.
Read Also:- Rajya Sabha Passes Waqf (Amendment) Bill 2025 After Marathon 14-Hour Debate
Key Grounds of the Petition:
1. Discriminatory Restrictions on Muslims
The petitioner contends that the amended legislation unfairly targets Muslims by increasing government control over Waqf affairs. While Hindu and Sikh religious institutions continue to enjoy significant autonomy, the changes proposed in the Waqf Act enhance state intervention, which the petitioner believes breaches the principle of equality guaranteed under Article 14.
“Unlike Hindu religious endowments that are managed independently, the Waqf institutions are subjected to government interference, which violates the constitutional promise of equal treatment,” the petition argues.
2. Religious Qualification Clause Challenged
A controversial clause in the new Bill mandates that only individuals who have practiced Islam for at least five years can create a Waqf. The petitioner argues this clause is baseless in Islamic law and Indian legal tradition.
“This condition is neither found in Islamic jurisprudence nor supported by custom. It discriminates against new converts, violating their right to freely practice religion under Article 25,” the plea adds.
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3. Removal of ‘Waqf-by-User’ Provision
The Bill eliminates the ‘Waqf-by-User’ provision, which historically allowed properties to be recognized as Waqf based on long-standing religious usage.
“This omission goes against judicial precedents, including the Ayodhya-Babri Masjid case. It undermines Article 26, which safeguards religious groups' rights to manage their affairs,” the petition highlights.
4. Inclusion of Non-Muslims in Waqf Governance
Another major contention is the inclusion of non-Muslim members in the Central Waqf Council and State Waqf Boards. The petitioner views this as an intrusion into the internal religious governance of the Muslim community.
“Hindu trusts are governed solely by Hindus. Applying a different standard to Waqfs without extending it to other religious institutions is arbitrary and violates Articles 14 and 15,” the plea says.
5. Transfer of Administrative Powers
The Bill also proposes to transfer crucial decision-making powers—such as identifying Waqf properties—from the Waqf Board to the District Collector. The petitioner argues this undermines the autonomy of religious institutions and violates Article 26(d), which protects religious denominations’ rights to manage their own affairs.
“Placing Waqf management under government officials dilutes religious freedom and contradicts past Supreme Court judgments, including the landmark Ratilal Panachand Gandhi case (AIR 1954 SC 388),” the petition asserts.
Read Also:- Waqf Amendment Bill 2025: Reforms and Controversies Surrounding Its Implementation
6. Violation of Property Rights
By enhancing state control over Waqf properties and restricting individuals’ ability to dedicate assets for religious purposes, the Bill is alleged to infringe upon Article 300A, which guarantees the right to property.
“The legislation reduces community control over Waqf assets, subjecting them to increased government scrutiny and undermining constitutionally protected property rights,” the petitioner concludes.
Legislative Journey of the Bill
The Waqf Amendment Bill 2025 was passed after rigorous discussions in both Houses of Parliament. The Lok Sabha debated the Bill late into the night, and the Rajya Sabha approved it around 2:30 AM after a 14-hour session. Despite the heated debate and opposition, the Bill was passed and now awaits Presidential assent before becoming law.
As the Supreme Court prepares to examine this challenge, the case could have wide-ranging implications on how religious endowments are governed in India and may set new legal benchmarks for minority rights and religious autonomy.
