The Supreme Court of India, led by Chief Justice Sanjiv Khanna, has agreed to take up petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, stating that they would be listed for hearing in due course. This development comes shortly after President Droupadi Murmu gave her assent to the Bill, passed amidst heated parliamentary debates.

Legal Challenge Sparks Rapid Response from Supreme Court

The matter was brought up urgently before a three-judge bench headed by the CJI, along with Justices Sanjay Kumar and KV Viswanathan. The urgent listing request was submitted by senior advocate Kapil Sibal, who appeared for Jamiat Ulama-i-Hind, a prominent Muslim organisation that has questioned the Act’s constitutionality.

Sibal pointed out that multiple petitions from various individuals and organisations have been filed and required immediate judicial attention. Senior advocate Abhishek Manu Singhvi and lawyer Nizam Pasha also urged the court to consider listing their clients' petitions urgently.

End of Oral Mentioning: The CJI’s Directive

CJI Sanjiv Khanna, who has abolished the practice of oral mentioning of cases for urgent listings, advised the legal counsel to submit their requests via formal letters or emails instead. This aligns with the new administrative reforms in court functioning introduced during his tenure.

Despite the procedural advice, the CJI acknowledged the gravity and multiplicity of concerns raised in the Waqf Act petitions and confirmed that the matter will be heard.

Waqf (Amendment) Act 2025: At the Centre of Controversy

The Waqf (Amendment) Act, 2025 was passed by both Houses of Parliament after intense debates and was approved by the President on Saturday. Almost immediately, it faced a wave of legal backlash, including public interest litigations (PILs) by prominent political and religious figures.

Among the petitioners are:

• Congress MP Mohammad Jawed

• AIMIM president Asaduddin Owaisi

• AAP MLA Amanatullah Khan

These leaders argue that the Act poses serious constitutional questions and allegedly targets the Muslim community under the pretext of legislative reform.

Petitions by Muslim Organisations Cite Religious Infringement

The Jamiat Ulama-i-Hind, in its detailed petition, claims that the law represents a “direct attack on the Constitution of India”, particularly in terms of religious freedom guaranteed under Article 25. It says the amendment attempts to strip Indian Muslims of their religious autonomy and is part of a “dangerous conspiracy” to centralise control over Waqf properties.

A separate plea filed by Samastha Kerala Jamiathul Ulema, a major religious body of Sunni Muslim scholars, echoed similar sentiments, describing the law as a “blatant intrusion” into the affairs of a religious denomination.

The organisation’s plea argues that the Act violates the rights of denominations to manage religious affairs under Articles 26 and 29 of the Constitution, which protect cultural and religious rights of minorities.

What is the Waqf (Amendment) Act 2025?

The Waqf Act originally enacted in 1995 governs the management of Waqf properties, which are endowments made by Muslims for religious, educational, or charitable purposes. The 2025 amendment introduces changes believed by critics to centralise Waqf administration, potentially allowing greater state control over such properties.

The exact amended provisions have not yet been fully disclosed to the public, but initial reactions suggest clauses that diminish the power of local Waqf boards, override certain religious customs, and extend governmental authority into matters traditionally handled by community-based institutions.

A Political and Legal Flashpoint

The Act has now become a political lightning rod, with opposition parties accusing the government of pursuing majoritarian policies under the guise of administrative reform. Debates in Parliament were reportedly charged, with some leaders staging walkouts and delivering impassioned speeches defending minority rights.

Outside of Parliament, various legal experts, religious leaders, and civil society groups have raised concerns about constitutional overreach and suppression of religious self-governance.

Constitutional Grounds of the Challenge

Most of the petitions argue that the Waqf (Amendment) Act, 2025 is unconstitutional for the following reasons:

• Violation of Article 25 (Freedom of Religion)

• Violation of Article 26 (Freedom to Manage Religious Affairs)

• Violation of Article 29 (Protection of Interests of Minorities)

The core issue lies in whether the government can redefine religious and community rights through legislative amendments without infringing upon fundamental freedoms enshrined in the Constitution.

Next Steps: Awaiting Bench Allocation and Hearing Schedule

The case is now expected to be formally listed for hearing in the coming days. Once listed, it will be assigned to a relevant bench, possibly one with experience in constitutional and religious rights matters.

The Supreme Court’s decision will likely have far-reaching implications for:

• Religious freedoms in India

• Legal protections of community properties

• Future legislative actions targeting minority institutions

The outcome of this case could also set precedents for judicial review of religious laws.

Conclusion

The challenge to the Waqf (Amendment) Act, 2025 has brought constitutional, religious, and political debates to the forefront of India’s legal discourse. With prominent figures like Kapil Sibal, Abhishek Singhvi, and Asaduddin Owaisi involved, and with multiple organisations and religious bodies entering the legal arena, this promises to be one of the most significant constitutional battles of the year.

As the Supreme Court gears up to hear the matter, the nation’s eyes are fixed on how the judiciary interprets religious freedom, minority rights, and legislative limits in a rapidly evolving socio-political landscape.

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