Supreme Court to Scrutinise Controversial Waqf Law Amidst Political and Legal Uproar

The Supreme Court is scheduled to hear a series of petitions challenging the constitutional validity of the Waqf Act, 2025, today. A special three-judge bench, led by Chief Justice Sanjiv Khanna and comprising Justices Sanjay Kumar and K.V. Viswanathan, is expected to take up the matter around 2 PM. The law, which received presidential assent on April 5 and came into force on April 8, has ignited significant political debate and legal challenges.

The Waqf Act, 2025, introduced by Minority Affairs Minister Kiren Rijiju, seeks to reform the management of Muslim charitable endowments, known as waqfs. Key provisions include the inclusion of non-Muslims on waqf boards, enhanced government oversight, and the requirement for written deeds for waqf properties, effectively abolishing oral waqfs. The government argues that these changes aim to combat corruption, promote diversity, and ensure transparency in the management of waqf properties.

However, the legislation has faced strong opposition from various quarters. The Congress party, Dravida Munnetra Kazhagam , Indian Union Muslim League , All India Majlis-e-Ittehadul Muslimeen , and other political and religious organizations have filed petitions in the Supreme Court, contending that the Act infringes upon the constitutional rights of the Muslim community. They argue that the amendments violate Articles 14, 15, 25, and 26 of the Constitution, which guarantee equality before the law, prohibition of discrimination, and freedom of religion.

The IUML's petition describes the Act as an "unconstitutional assault on the religious autonomy and personal rights of the Muslim community in India." It contends that the inclusion of non-Muslims on waqf boards and the requirement for written deeds undermine the religious essence of waqf and impose arbitrary restrictions on Islamic religious endowments. The DMK's petition, filed through Deputy General Secretary A. Raja, argues that the Act affects the rights of approximately 50 lakh Muslims in Tamil Nadu and 20 crore Muslims across the country.

AIMIM leader Asaduddin Owaisi and Congress MP Mohammad Jawed have also challenged the Act, asserting that it imposes arbitrary restrictions on the management of waqf properties and undermines the religious autonomy of the Muslim community. Owaisi, in a symbolic protest, tore a copy of the bill in the Lok Sabha during its passage. The petitions highlight concerns that the Act's provisions could lead to the confiscation of historic mosques and properties, especially those lacking formal documentation, and erode long-standing religious practices intrinsic to Islamic tradition.