Waqf Amendment Act: Supreme Court Hears Legal Battle Today

Aakhir Tak – In Shorts

The Supreme Court is hearing 73 petitions today challenging the Waqf Amendment Act, 2025.
Petitioners argue the Act leads to religious discrimination and dilutes protections for Waqf properties.
The government contends the amendment ensures transparency in managing Waqf assets.
Various opposition parties and religious bodies have filed petitions against the Act’s constitutional validity.
Seven states support the Act, while the Central Government has filed a caveat in this significant legal battle.

Aakhir Tak – In Depth

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Supreme Court Commences Hearing on Waqf Amendment Act Challenge

The Supreme Court is set to hear a significant batch of petitions on Wednesday challenging the constitutional validity of the Waqf Amendment Act, 2025. This controversial legislation has triggered widespread protests across India. Critics argue the law violates fundamental rights. They also claim it represents executive overreach and dilutes protections for Waqf properties. Conversely, the government maintains the amendment is crucial. They state it ensures transparency and accountability in managing Waqf assets. This legal battle is being closely watched.

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The Bench and Petitioners

A total of 73 petitions are listed for hearing. A three-judge bench will preside over the case. It comprises Chief Justice of India Sanjiv Khanna, Justice Sanjay Kumar, and Justice KV Viswanathan. The hearing is scheduled to begin at 2 pm on Wednesday. Notably, the petitions include two filed by Hindu parties against the original Waqf Act of 1995. Most petitions, however, question the validity of the recent amendments. Some petitioners are also seeking an interim stay on the Act. They request this while the court decides the case’s merits.

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Petitioners challenging the Waqf Amendment Act represent a broad spectrum. Leaders from various political parties are involved. These include Congress, Trinamool Congress, CPI, YSRCP, Samajwadi Party, and actor Vijay’s TVK. RJD, JDU, Asaduddin Owaisi’s AIMIM, AAP, and the Indian Union Muslim League are also petitioners. The core argument in these petitions is that the Act discriminates against Muslims. It allegedly violates their fundamental right to religion.

Government Stance and Supporting States

Meanwhile, seven state governments have approached the apex court supporting the Act. They seek to intervene in the proceedings. These states argue the Act is constitutionally sound and non-discriminatory. They believe it’s necessary for efficient Waqf administration. The Central Government has proactively filed a caveat. This legal notice ensures the government is heard before any orders are passed concerning the Act.

The government notified the Waqf Amendment Act recently. President Droupadi Murmu gave her assent on April 5. This followed its passage through Parliament amidst heated debates. The Rajya Sabha passed the bill with 128 votes in favour and 95 against. The Lok Sabha cleared it with 288 votes for and 232 against.

Grounds of Challenge

Petitioners have raised numerous arguments against the Waqf Amendment Act:

Democratic Structure Dismantled: The Act eliminates elections, dismantling the democratic structure of Waqf Boards.
Non-Muslim Appointments: It permits non-Muslims on Waqf Boards, infringing on the Muslim community’s self-governance rights.
Loss of Community Control: It removes the community’s ability to assert, defend, or define its religious properties.
Executive Authority: The future of Waqf lands is placed under the control of executive authorities.
Denial of Rights: Scheduled Tribe members are barred from creating Waqfs, denying them rights.
Definition Altered: The definition of Waqf is changed, removing the ‘Waqf by user’ concept.
Dilution of Protections: Amendments irreversibly weaken statutory protections for Waqfs.
Undue Advantage: It confers undue advantage to other stakeholders and interest groups.
Protection Removal: The Act removes various protections given to Waqfs and other religious endowments.
Autonomy Curtailed: It curtails Muslim religious and cultural autonomy, violating fundamental rights.
Arbitrary Interference: The Act enables arbitrary executive interference in minority institution management.
Property Loss Risk: Many undocumented or orally dedicated Waqf properties face potential loss.
Weakening Boards: Around 35 amendments are seen as attempts to weaken State Waqf Boards.
Government Control: Amendments are viewed as steps towards converting Waqf properties into government properties.
Unnecessary Overhaul: The original 1995 Act provided a framework; this overhaul seems intrusive.
Interference Fears: The Act is feared to facilitate large-scale government interference.
Retrospective Effect: Certain provisions might retrospectively extinguish the Waqf status of old properties.

Diverse Group of Challengers

The petitioners challenging the bill include prominent figures. Hyderabad MP Asaduddin Owaisi, AAP MLA Amanatullah Khan, and Trinamool leader Mahua Moitra are among them. RJD MPs Manoj Kumar Jha and Faiyyaz Ahmad, and Congress MP Mohammad Jawed also feature. Key religious organizations involved include Samastha Kerala Jamiathul Ulema and the All India Muslim Personal Law Board. Jamiat Ulama-i-Hind President Maulana Arshad Madani is also a petitioner.

Furthermore, two Hindu petitioners have approached the Supreme Court. Advocate Hari Shankar Jain argues certain provisions enable illegal capture of government and Hindu land by Muslims. Noida resident Parul Khera has filed a similar plea. The outcome of this complex legal battle over the Waqf Amendment Act will significantly impact Waqf properties and minority rights in India.

Aakhir Tak – Key Takeaways to Remember

The Supreme Court is hearing 73 petitions challenging the Waqf Amendment Act, 2025.
Petitioners claim the Act violates fundamental rights and promotes religious discrimination.
The government defends the Act for transparency; seven states support its constitutional validity.
Major concerns include changes to Waqf Board structures and potential loss of Waqf properties.
This legal battle is crucial for the future of Waqf administration and minority rights in India.