Amanatullah Khan, an MLA from the Aam Aadmi Party (AAP), has approached the Supreme Court to challenge the Waqf (Amendment) Bill 2025. The Bill, which has been passed by both the Lok Sabha and the Rajya Sabha, is currently awaiting the assent of President Droupadi Murmu to become law.
The Bill was passed following two days of intense debate in both Houses of Parliament. However, it has faced criticism from several quarters, particularly from members of the Muslim community. Amanatullah Khan argues that the new amendments restrict the religious and cultural independence of Muslims.
His petition highlights concerns over executive overreach and the curtailing of minority rights to manage their own religious and charitable institutions.
According to Khan, the amendments interfere with crucial areas of waqf law, such as the definition and creation of waqf, the registration and management of waqf properties, dispute resolution mechanisms, and the sale or transfer of such properties.
Although the Bill is not yet in force, it has already sparked widespread unease among members of the Muslim community.
The Association for Protection of Civil Rights, a non-governmental organisation, has also filed a petition in the Supreme Court against the Bill. In total, four legal challenges have been filed by different individuals and groups.
One of the other petitioners is All India Majlis-e-Ittehadul Muslimeen (AIMIM) MP Asaduddin Owaisi. In his plea, Owaisi has claimed that the Bill weakens the legal protections previously provided to waqf properties.
He argues that the new law could benefit other stakeholders while undermining the progress made in waqf management over the years.
Owaisi's petition also raises the concern that the amendments remove legal safeguards for waqf properties that are still retained for religious and charitable trusts of other faiths, such as Hindu, Jain and Sikh institutions.
This, he says, amounts to discriminatory treatment against Muslims and violates the constitutional principles of equality and non-discrimination under Articles 14 and 15.
His petition further states that the Bill goes against the principle of non-retrogression of rights — a concept well-established in Indian constitutional law, which holds that once certain rights are granted, they should not be taken away.
He also claims that the amendments reduce community participation in waqf boards and make them more vulnerable to political or executive influence, thereby weakening their democratic and self-governing nature.
The Rajya Sabha passed the Bill in the early hours of Friday following a heated discussion, with 128 members voting in favour and 95 against. The Lok Sabha had approved the Bill earlier, with 288 votes in favour, after a lengthy debate that continued past midnight on Wednesday.
The government has defended the Bill, saying it addresses weaknesses in the existing legislation. It claims that the amendments will improve the functioning of Waqf Boards by streamlining the registration process and increasing the use of technology to maintain waqf property records.
However, opposition leaders and minority groups fear that these changes could ultimately reduce transparency and further marginalise Muslim voices in the management of their religious and community assets.
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