The Supreme Court of India is scheduled to hear petitions challenging the Waqf (Amendment) Act, 2025 today at 2 pm. This hearing comes after the President of India, Droupadi Murmu, gave her assent to the Waqf Amendment Bill on April 5, 2025, following its passage in Parliament amid heated debates.

The Waqf Amendment Act has sparked widespread controversy and legal challenges. Several BJP-ruled states, including Madhya Pradesh, Rajasthan, Chhattisgarh, Assam, Maharashtra, and Uttarakhand, have filed applications to defend the amended legislation in the court, seeking to join the proceedings. The bill was passed earlier this month in both the Lok Sabha and the Rajya Sabha after extensive debates.

The Supreme Court, which had previously refrained from intervening in legislative matters, will now review the constitutional validity of the Waqf Amendment Act in light of petitions alleging that it infringes upon fundamental rights such as the right to equality and the right to practise religion. The hearing will be presided over by a three-judge bench consisting of Chief Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice KV Viswanathan.

Key Points of Controversy

The Waqf Amendment Act is being challenged by a variety of political and social groups. Opposition parties, including Congress, Janata Dal (United), Aam Aadmi Party (AAP), DMK, and CPI, have raised concerns about the law. Religious groups and civil society organizations, such as the Jamiat Ulema-e-Hind and the All-India Muslim Personal Law Board, have also filed petitions against the law, arguing that it is discriminatory and unconstitutional.

Critics of the law claim that it is arbitrary and discriminatory against Muslims. Some petitioners have called for the law to be repealed entirely, while others have sought a stay on its implementation. A key concern raised by AIMIM leader Asaduddin Owaisi is that the amendment undermines existing protections for Waqf properties, especially when compared to protections offered to properties of other religious communities. Owaisi describes this as a discriminatory act that erodes the safeguards for Muslim religious properties.

Additionally, AAP leader Amanatullah Khan has contested the inclusion of non-Muslims in the Waqf boards, arguing that it violates Article 14 of the Constitution and lacks any logical connection to the purpose of managing religious properties.

On the other hand, the central government has defended the amendment, describing it as a property-related reform aimed at addressing widespread irregularities in the management of Waqf properties. The government argues that the reform is necessary to ensure that the proceeds from Waqf properties benefit underprivileged Muslims, including women and children. The government claims that the bill was drafted after extensive consultations and has the backing of several non-Muslim minority groups. The bill was also scrutinized by a Joint Parliamentary Committee, which incorporated several member-suggested amendments.

Despite the government's assurances, the law has led to protests across the country, with the most intense unrest occurring in West Bengal. The violence during these protests led to the death of three people and the displacement of several others. In response, West Bengal Chief Minister Mamata Banerjee has announced that her government will not implement the Waqf Amendment Act.

Legal and Social Implications

The Waqf Amendment Act aims to overhaul the management of Waqf properties, which are Muslim charitable assets. These properties are managed by Waqf boards, and the amendment seeks to enhance the efficiency of their management while addressing long-standing issues of mismanagement and abuse. The law seeks to balance the governance of Waqf assets with the need to protect religious and cultural interests. However, the law's critics argue that it is poorly designed and infringes upon fundamental rights, leading to its judicial scrutiny.

The Supreme Court’s decision on the matter will have significant consequences not just for the Waqf Amendment Act, but also for religious property laws in India. The outcome of the hearing could set important precedents for religious freedom and the protection of religious institutions under the Indian Constitution.

In conclusion, as the Supreme Court considers the challenges to the Waqf Amendment Act, the decision is likely to shape the future of Waqf property management and have broader implications for religious freedoms in India. The law’s critics continue to argue that it unfairly targets the Muslim community, while supporters claim it is a necessary reform to address long-standing issues within the Waqf system.

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