The Supreme Court on Tuesday issued a notice to the Central Government and state governments on a petition challenging the constitutional validity of specific provisions of the Waqf Act, 1995, as amended by the Waqf (Amendment) Act, 2025. A bench comprising Chief Justice of India BR Gavai and Justice Augustine George Masih directed that the petition be tagged along with other pending pleas already challenging the 1995 Waqf Act.
The petition was filed by Nikhil Upadhyay, who questioned the legality of the Act. During the hearing, the bench asked advocate Ashwini Upadhyay, representing the petitioner, about the delay in raising objections to a law enacted in 1995. "Why are you challenging the 1995 Act in 2025?" the bench asked.
In response, Upadhyay clarified that the petition also challenges the 2013 Waqf (Amendment) Act. The Chief Justice remarked, “Even then, 2013 to 2025 — 12 years. There is a delay.” Advocate Upadhyay also pointed out that the Supreme Court is currently hearing challenges to other laws, including the Places of Worship (Special Provisions) Act, 1991, and the National Commission for Minorities Act, 1992, implying that the Waqf Act petition should be seen in the same context.
Additional Solicitor General Aishwarya Bhati, appearing on behalf of the Centre, informed the court that while the bench had previously declined to hear challenges to the 1995 Act along with petitions contesting the 2025 Amendment, there was no objection to this new plea being grouped with existing petitions against the 1995 law.
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The petition contends that the Waqf Act is discriminatory because it applies exclusively to Muslim charitable properties, while no comparable law exists for the administration of religious properties belonging to other faiths. As such, it argues that the Act violates the constitutional guarantee of equality under Articles 14 and 15, as well as fundamental rights enshrined in Articles 21, 25, 26, and 27.
Additionally, the plea asserts that it is unconstitutional for the state to use public funds to cover the costs associated with surveying and verifying Waqf properties when similar efforts are not made for religious institutions of other communities.
“The cost of the survey for the verification of Waqf and its properties must not be borne by the state. There should be a Common or Uniform Law for Religious Trusts and Endowments,” the petition stated. The matter has now been clubbed with related petitions, and further hearings are expected in due course.
Also Read: SC reserves order on pleas against Waqf Amendment Act 2025
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