NEW DELHI: Congress MP and party whip in the Lok Sabha, Mohammad Jawed, has approached the Supreme Court challenging the constitutionality of the Waqf Amendment Bill, 2025, calling it discriminatory against the Muslim community and violative of fundamental rights.
The petition, filed through advocate Anas Tanwir, comes even before the bill has become law — it is still awaiting Presidential assent after being passed by both Houses of Parliament.
Jawed, who was a member of the Joint Parliamentary Committee that reviewed the bill, has alleged that the amendments disproportionately increase state control over Waqf institutions compared to other religious endowments such as Hindu and Sikh trusts, which continue to enjoy significant autonomy, reported Bar and Bench.
“The amendments violate Articles 14, 25, 26, 29, and 300A of the Constitution,” the petition mentioned, citing provisions related to equality, religious freedom, minority rights, and property. It also raises concerns over a new restriction based on the duration of religious practice, which could prevent new converts to Islam from dedicating property for religious or charitable purposes. The petition argues this condition has no precedent in Islamic law and amounts to discrimination.
A particularly contentious aspect of the amendment, the plea notes, is the proposal to include non-Muslim members in Waqf Boards and the Central Waqf Council. Jawed argues that this amounts to undue interference in the religious affairs of the Muslim community — interference not mirrored in the governance of Hindu religious institutions, which are generally managed by Hindus under various state laws.
“This selective intervention lacks any reasonable justification and constitutes an arbitrary classification,” the petition states.
The Waqf Amendment Bill, 2024 seeks to update the Waqf Act, 1995, which governs the administration of Islamic religious endowments in India. It outlines the roles of Waqf Boards, Waqf Tribunals, and other administrative bodies responsible for overseeing properties dedicated for religious or charitable purposes.
While the government has argued that the changes will strengthen regulation of waqf properties, critics fear it will erode community control over religious affairs. The Supreme Court is expected to examine whether the amendments pass constitutional muster.
