The Central Government has submitted a caveat in the Supreme Court of India, requesting that no orders be issued on petitions challenging the Waqf (Amendment) Act, 2025 without first being heard.
This legal move follows growing opposition to the newly enacted legislation, which has stirred considerable political and public debate.
The Waqf (Amendment) Act, 2025, along with the Mussalman Wakf (Repeal) Act, 2025, recently received Presidential assent from Droupadi Murmu on 5 April. The government formally issued a notification confirming the enactment of both laws.
The amendment to the Waqf Act and the repeal of the Mussalman Wakf Act, 1923, mark significant changes in the legal framework governing religious endowments in India.
According to legal sources familiar with the matter, the petitions challenging the Waqf (Amendment) Act are likely to be listed before a Supreme Court bench on 15 April. However, at present, no listing has been officially reflected on the apex court’s website.
The Waqf (Amendment) Bill, 2025 was passed in Parliament after extended debates. The Lok Sabha approved the Bill with 288 votes in favour and 232 against.
It later passed through the Rajya Sabha after a marathon 13-hour discussion, securing 128 votes in favour and 95 against. The legislation faced strong criticism from the Opposition, who labelled it “anti-Muslim” and “unconstitutional.”
In contrast, the government described it as a “historic reform” intended to benefit the minority community through enhanced transparency and regulation.
Since its passage, multiple petitions have been filed before the Supreme Court, questioning the constitutional validity of the new law.
Among the petitioners are Congress MP Mohammad Jawed and AIMIM president Asaduddin Owaisi, both of whom have raised concerns that the law imposes arbitrary restrictions on Muslim religious endowments, thereby violating the community’s autonomy and rights.
Mohammad Jawed, who represents Kishanganj in Bihar and was a member of the Joint Parliamentary Committee on the Bill, argued in his plea that the legislation discriminates against Muslims by introducing limitations that do not apply to other religious groups.
He also pointed out that the law places undue restrictions on the creation of Waqf properties based on the duration of religious practice.
Owaisi, in a separate petition, contended that the Act strips Waqf properties of legal protections granted to religious and charitable endowments of other communities.
He argued that such provisions violate Articles 14 and 15 of the Constitution, which guarantee equality and non-discrimination on the basis of religion.
AAP MLA Amanatullah Khan has also approached the Supreme Court, urging it to declare the law unconstitutional. His plea cites multiple violations of constitutional guarantees, including Articles 14, 15, 21, 25, 26, 29, 30, and 300-A — all of which protect various aspects of religious freedom, property rights, and civil liberties.
The All India Muslim Personal Law Board and Jamiat Ulama-i-Hind are among the other organisations that have filed petitions against the law, citing its potential to disrupt religious freedoms and minority rights.
The Association for the Protection of Civil Rights (APCR), a non-governmental organisation, has also joined the legal battle, challenging the validity of the Act in the apex court.
Meanwhile, the Rashtriya Janata Dal (RJD) has confirmed its intention to contest the legislation in court. Rajya Sabha MP Manoj Jha, along with party leader Fayaz Ahmed, has filed a petition on behalf of the party.
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