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Legal Challenge Emerges Against Waqf (Amendment) Bill 2025

Following the passage of the Waqf (Amendment) Bill 2025 by the Indian Parliament, legal challenges have been initiated in the Supreme Court. Congress MP Mohammad Jawed and AIMIM chief Asaduddin Owaisi have each filed separate petitions contesting the bill's constitutional validity.

Nishchay
Last Updated : Friday, 04 April 2025
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Highlights

  • Following the passage of the Waqf (Amendment) Bill 2025 by the Indian Parliament, legal challenges have been initiated in the Supreme Court. Congress MP Mohammad Jawed and AIMIM chief Asaduddin Owaisi have each filed separate petitions contesting the bill's constitutional validity. The bill, which amends the existing Waqf Act, has also triggered protests in various Indian cities.

Following the passage of the Waqf (Amendment) Bill 2025 by the Indian Parliament, legal challenges have been initiated in the Supreme Court. Congress MP Mohammad Jawed and AIMIM chief Asaduddin Owaisi have each filed separate petitions contesting the bill's constitutional validity. The bill, which amends the existing Waqf Act, has also triggered protests in various Indian cities.

Parliamentary Passage and Key Provisions

The Waqf (Amendment) Bill 2025 was approved by the Rajya Sabha on April 4, 2025, with 128 votes in favor and 95 against. The Lok Sabha had passed the bill on April 3, 2025, with 288 votes for and 232 against. The legislation stipulates that only self-owned resources can be declared as Waqf properties. It also mandates that District Collectors (DCs) verify the ownership of land intended for Waqf donation, ensuring the protection of inheritance rights, particularly for women and children.Notably after presidential assent bill will become a law.

Congress MP Mohammad Jawed's Petition:

   * Jawed's petition alleges that the amended law imposes "arbitrary restrictions" on Waqf properties and their management. It also weakens the religious independence of the Muslim community.

   * He argues that the law discriminates against the Muslim community by introducing restrictions not applied to other religious endowments.

   * He also states “the Bill "introduces restrictions on the creation of Waqfs based on the duration of one's religious practice".Critics argue that the restriction lacks basis in Islamic law and infringes on the fundamental right to freedom of religion under Article 25.

   * He also argues that the bill violates Article 15 of the Constitution which prohibited discrimination on grounds of religion, race, caste, sex or place of birth.

AIMIM Chief Asaduddin Owaisi's Petition:

   * Owaisi contends that the bill diminishes protections previously afforded to Waqfs, while maintaining them for Hindu, Jain, and Sikh religious and charitable endowments.

   * He asserts that this disparity constitutes "hostile discrimination against Muslims" and violates Articles 14 and 15 of the Indian Constitution, which prohibit discrimination on religious grounds.

Public Protests and Opposition Response

 * Protests against the bill have occurred in cities including Kolkata, Chennai, and Ahmedabad, with significant public participation.

 * In Manipur's Imphal Valley, approximately 200 people gathered under the Santhel United Development Committee banner to demonstrate at the Santhel Idgah.

 * Students of Jamia Millia Islamia in Delhi have also protested against the bill, labeling it communal and unconstitutional.

 * The DMK and Congress have publicly stated their intention to challenge the amended Waqf law.

 * AICC general secretary Jairam Ramesh has stated that the INC will challenge the constitutionality of the bill in the supreme court.

 * Other opposition parties are expected to follow suit.

 

 

 

 

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