SC to hear plea against Waqf Amendment Act today. Petitioners, provisions challenged explained

A three-judge bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan is likely to hear over 10 petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 on Wednesday. As many as 10 petitions have been listed before the bench, including that filed by AIMIM leader Asaduddin Owaisi.

Besides Owaisi, others who approached the court against the Waqf Act include Delhi AAP MLA Amanatullah Khan, Association for Protection of Civil Rights, Jamiat Ulema-i-Hind President Arshad Madani, Samastha Kerala Jamiatul Ulema, Anjum Kadari, Taiyyab Khan Salmani, Mohammad Shafi, Mohammad Fazlurrahim and RJD MP Manoj Kumar Jha, according to Live Law.

A total of 15 petitions were filed till Wednesday. However, six BJP-ruled states -- Haryana, Maharashtra, Madhya Pradesh, Rajasthan, Chhattisgarh and Assam -- approached the apex court highlighting the potential administrative and legal ramifications if the Waqf (Amendment) Act is struck down or altered.  

The political parties that went to court against the Act include Yuvajana Sramika Rythu Congress Party (YSRCP), DMK, CPI, IUML and actor Vijay's Tamilaga Vettri Kazhagam.

Provisions challenged in court

Most of the petitions have challenged that the amendments violate Constitutional rights guaranteed under Articles 14 (right to equality), 25 (freedom to practice religion), 26 (freedom to manage religious affairs), 29 (minority rights) and 300A (right to property).

The provisions in the Act that will be challenged in the court include the omission of 'waqf by user' clause, a provision in the 1995 Act which ensured that properties being used as Waqf properties will remain Waqf even if the user does not exist.

The petitioners have also challenged the inclusion of non-Muslim members in the Central Waqf Council and State Waqf Board, and the pre-condition which states that only a practising Muslim of five years can create waqf.

Other provisions that will be challenged include dilution of waqf-alal-aulad, renaming 'Waqf Act, 1995 to "Unifed Waqf Management, Empowerment, Efficiency and Development" and interference of government officials to resolve disputes regarding waqf property.

Application of Limitation Act to Waqf Act, invalidating waqfs created over ASI-protected monuments and restrictions on creating Waqfs over scheduled areas etc., are some of the provisions under challenge.

India