A Constitution Bench of the Supreme Court, led by Chief Justice Sanjiv Khanna and comprising Justices Sanjay Kumar and K V Viswanathan, will on Wednesday hear a series of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
The contentious legislation was notified by the Central government on 8 April after receiving presidential assent on 5 April. It had earlier cleared both Houses of Parliament amidst fierce debate, with 232 MPs in the Lok Sabha and 128 in the Rajya Sabha voting in its favour.
Several Opposition parties and leaders, including the Congress, DMK, Aam Aadmi Party, CPI, YSRCP, AIMIM’s Asaduddin Owaisi, and actor-turned-politician Vijay, have approached the apex court, alleging that the amended law infringes upon fundamental rights and discriminates against Muslims.
Describing the legislation as a “brazen violation of the fundamental rights of Muslims and the Muslim community,” AIMIM chief Owaisi has filed a separate petition. Tamil Nadu’s ruling DMK, which has also challenged the Act, argued that it violates the rights of five million Muslims in the state and nearly 200 million across the country. The Tamil Nadu Assembly had earlier passed a resolution urging the Centre to withdraw the Bill.
The All India Muslim Personal Law Board and other civil society organisations have also joined the petitioners, calling the Act “unconstitutional” and “unilateral.”
In response, six BJP-ruled states — including Rajasthan, Madhya Pradesh, Assam, Maharashtra and Uttarakhand — have stepped forward to defend the legislation, with some seeking to become parties to the proceedings. The Uttarakhand Waqf Board has filed an application in the Supreme Court seeking permission to present its views on the matter. The Board contends that the amended Act is beneficial and aims to correct historical discrepancies.
Rajasthan’s BJP-led government has similarly filed a petition defending the law as “transparent and constitutionally sound,” as agitations continue in some states. In West Bengal’s Murshidabad district, three persons were reportedly killed following violent protests against the law last week.
Union Minister Kiren Rijiju defended the government’s move on Tuesday, stating, “The government’s intention was to ensure there is no provision for anyone in India to forcefully and unilaterally take over another person’s land.”
He further remarked that the earlier Waqf law had “granted unprecedented power and authority to the Waqf Boards,” which necessitated amendments.
The Supreme Court’s hearing gains significance in light of its earlier clarification that courts cannot direct the legislature on how to enact laws. In a related matter, a bench led by Justices B R Gavai and Augustine George Masih had observed: “In a writ jurisdiction, neither the high courts nor the Supreme Court can direct the legislature to enact a law in a particular manner.”
The court is expected to hear nearly 10 petitions.
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