Supreme Court agrees to consider listing Waqf pleas for urgent hearing
The Supreme Court on Monday agreed to consider listing for urgent hearing petitions challenging the constitutional validity of the Waqf (Amendment) Act- 2025. President Droupadi Murmu had given the assent to Waqf Bill on April 5.
“All the matters (against the Waqf Amendment Act) will be placed before me in the afternoon. Why are you mentioning it when we have a system in place,” the CJI told senior counsel Kapil Sibal after he mentioned Jamiat Ulama-i-Hind’s petition against the amendment for urgent listing.
As some other lawyers also submitted that they had filed petitions against the Act, CJI Khanna told them to wait for him to take a call on listing of these petitions as per the norms.
Almost a dozen petitions have already been filed in the top court against the amendment and the matter was likely to be taken up for hearing during this week.
The Waqf Bill was passed by the Rajya Sabha during the wee hours of Friday, with 128 members voting in its favour and 95 opposing it. On Thursday, the Bill was passed by the Lok Sabha.
Under the amended law only self-owned resources can be declared as Waqf after ensuring the inheritance rights of women and children and the DC will determine that land being donated by a Muslim is actually in his ownership. It also empowers state governments to nominate members, including representatives from backward classes and both Shia and Sunni communities to Waqf boards.
However, alleging that “This Bill is a dangerous conspiracy to strip Muslims of their religious freedom,” Jamiat urged the top court to prevent the law from coming into effect. In its petition, Jamiat Ulama-i-Hind described the amendment as a “direct attack on the country’s Constitution, which not only provides equal rights to its citizens but also grants them complete religious freedom”.
Some other Muslim organisations — All India Muslim Personal Law Board, Indian Union Muslim League and Samastha Kerala Jamiyyathul Ulama — have also moved the top court against the Act.
The DMK has also filed a petition against the amendment through its party Deputy General Secretary and Lok Sabha MP A Raja, who was also a member of the Joint Parliamentary Committee on the Waqf Bill.
Haryana Congress MLA Aftab Ahmad has also filed a petition against the amendment.
“The Waqf Act-2025 is a blatant intrusion into the rights of a religious denomination to manage its own affairs in the matter of religion — protected under Article 26 of the Constitution,” said Samastha Kerala Jamiyyathul Ulama, adding that the amendment would “distort” the religious character of Waqfs while also irreversibly damaging the democratic process in the administration of Waqf and Waqf Boards.
Congress MP Mohammad Jawed, AIMIM chief Asaduddin Owaisi, AAP MLA in Delhi Amanatullah Khan have already approached the Supreme Court against the amendment. An NGO — Association for Protection of Civil Rights — has also moved the top court against the Bill. Several other parties and Muslim organisations are likely to follow suit.
Jawed, a Lok Sabha MP from Kishanganj, Bihar, alleged that the amended law imposed “arbitrary restrictions” on Waqf properties and their management, undermining the religious autonomy of the Muslim community.
Owaisi contended that the Bill took away various protections accorded to Waqfs and Hindu, Jain, and Sikh religious and charitable endowments alike and discriminated against Muslims.
India