Congress to Challenge Waqf Bill Constitutionality in Supreme Court, Calls it 'Assault on Constitutio

K N Mishra

    04/Apr/2025

What's covered under the Article:

  • Congress announces plans to challenge the Waqf Bill in Supreme Court, calling it unconstitutional.

  • Prime Minister Modi hails the passage of the Waqf Bill, marking a step towards socio-economic justice.

  • Security heightened in sensitive areas, including Jamia Millia Islamia, due to Waqf Bill protests.

On April 4, 2025, the Congress party took a strong stand against the Waqf (Amendment) Bill 2025, which was passed by Parliament in the early hours of the morning. The bill, which was approved by the Rajya Sabha with 128 votes in favor and 95 votes against, aims to amend the Waqf Act of 1995, focusing on improving the management and administration of Waqf properties across India. Following its passage in the Rajya Sabha, the bill had already been cleared in the Lok Sabha a day earlier, where it was approved by 288 votes in favor, compared to 232 votes against.

The Waqf Amendment Bill seeks to address the inefficiencies of the previous legislation, focusing on increasing transparency and accountability in the management of Waqf properties, particularly in areas related to registration, and making use of technology for better record-keeping. The government emphasized that the bill is part of its larger goal of empowering marginalized communities, especially Muslims, by improving governance around Waqf properties and ensuring that the system does not harm the interests of Muslim women, poor Muslims, and Pasmanda Muslims.

However, the Congress party has raised serious concerns about the bill's implications, with party leaders strongly objecting to its provisions. Congress President Mallikarjun Kharge, along with senior leader Rahul Gandhi, condemned the passage of the bill, calling it an “assault on the Constitution” and announcing their intention to challenge its constitutionality in the Supreme Court. The party argues that the bill could undermine the rights of the community it seeks to protect and may have unintended consequences for the governance of Waqf properties.

Prime Minister Narendra Modi, however, has lauded the passage of the bill, calling it a "watershed moment" in India’s pursuit of socio-economic justice and transparency. In his posts on X (formerly Twitter), he expressed that the Waqf system has been synonymous with a lack of transparency and accountability, which has historically harmed the interests of Muslim women and disadvantaged communities. PM Modi emphasized that the revised legislation would lead to greater inclusivity and provide historically marginalized communities with better opportunities and a stronger voice in governance.

Amidst the intense debate, security measures have been heightened in sensitive areas of Delhi, particularly in Jamia Nagar and around educational institutions like Jamia Millia Islamia, which has been a site of protests and political activity in the past. The Delhi Police, supported by paramilitary forces, has increased security to prevent any potential disruption of law and order, as some groups have voiced their concerns over the Waqf Bill. The government has taken these precautionary steps to ensure that any unrest is swiftly controlled and public safety is maintained.

The bill's passage comes after the government's introduction of a revised version, which incorporated the recommendations of a Joint Parliamentary Committee that scrutinized the legislation. While the government's aim is to modernize the Waqf system, the controversial nature of the bill has spurred considerable political opposition. This reflects the broader tensions over policies that touch upon minority communities, as well as the delicate balance between socio-economic justice and religious governance.

The proposed changes to the Waqf management system also signal a shift towards greater technological integration, which aims to streamline the registration and management processes. These measures are expected to increase the overall efficiency of Waqf boards across the country, ensuring that assets are properly managed and that funds are directed towards social welfare initiatives.

As the debate over the Waqf Amendment Bill continues, the Congress party’s planned move to the Supreme Court will determine the next legal steps for the bill. The ongoing protests, heightened security measures, and potential legal battles underscore the divisive nature of this legislation and its implications for governance and religious minority rights in India.

In conclusion, the Waqf Amendment Bill 2025 has sparked intense political debate and public discourse, with the Congress challenging its constitutionality and the government defending its provisions as a necessary step towards reform. The outcome of this legal and political confrontation will likely shape the future of India's socio-economic and religious governance.

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