On Wednesday, April 16, 2025, the Supreme Court of India will hear a series of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. A three-judge bench, led by Chief Justice Sanjiv Khanna and including Justices Sanjay Kumar and K.V. Viswanathan, has listed 10 petitions for consideration, related to the controversial Act. The petitions challenge various provisions of the Act, which aims to streamline the management of Waqf properties, often donated for religious or charitable purposes by Muslims.

The Waqf (Amendment) Act, 2025, was passed by Parliament on April 4, 2025, and received the President's assent on April 5, 2025. Subsequently, it was notified for enforcement, effective from April 8, 2025. Despite the government's efforts to put the Act into motion, its legal validity has been questioned by several parties.

Key Petitioners

Among the petitioners, prominent political figures and organizations have voiced their opposition. These include Asaduddin Owaisi, the Member of Parliament from the All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM), and Amanatullah Khan, a leader of the Aam Aadmi Party (AAP). Other petitioners include the Association for the Protection of Civil Rights, Arshad Madani, the Samastha Kerala Jamiathul Ulema, and various members of civil society such as Anjum Kadari, Taiyyab Khan Salmani, and Mohammad Shafi.

In addition to these, several political parties and MPs are part of the legal challenge. These include the RJD's Manoj Kumar Jha, TMC's Mahua Moitra, and Samajwadi Party MP Zia-ur-Rahman Barq. Regional political parties like the YSR Congress Party and CPI have also raised their concerns in separate pleas.

One of the notable legal challenges comes from the advocate Hari Shankar Jain and petitioner Mani Munjal, who argue that certain provisions of the amended Waqf law infringe upon the fundamental rights of non-Muslims. The Supreme Court, recognizing the importance of these claims, has agreed to list this plea for hearing alongside the others.

The Government's Position

In response to the petitions, the Centre filed a caveat in the Supreme Court on April 8, 2025. A caveat is a legal precaution that prevents the court from passing any order without first hearing the party that filed it. This means that the government is seeking to ensure that it has a chance to present its case before the court rules on the matter.

The Waqf Amendment Act, 2025, was passed after a heated debate in Parliament. The Rajya Sabha saw 128 members vote in favor, with 95 opposing it. In the Lok Sabha, 288 members supported the bill, while 232 voted against it. The law has raised concerns about the management of Waqf properties, especially those that are considered heritage sites or are vital for social welfare.

The Centre's goal with the amendment is to bring greater transparency and accountability to the management of Waqf properties. The Act includes provisions designed to safeguard heritage sites and ensure the funds generated from these properties are used for social welfare. However, critics argue that the changes could infringe upon the rights of certain communities and that the government is overstepping its bounds.

Key Legal Points

The petitioners argue that several provisions of the Act may violate fundamental constitutional rights. They contend that the law, while seeking to regulate Waqf properties more effectively, might disproportionately affect minority communities. The legal challenges to the Waqf Amendment Act are centered on the potential for misuse of powers granted to the government and its agencies in managing these religious and charitable assets.

As the Supreme Court prepares to hear these petitions, the outcome will have significant implications for the future of Waqf property management in India and for the broader debate on the balance of power between the government and religious institutions. The court’s decision will be closely watched, as it may set a precedent for how laws affecting religious and charitable activities are interpreted in India.

The case is scheduled for further proceedings on Wednesday, April 16, 2025.

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