Today, On 8th April, The All India Association of Jurists filed a petition in the Supreme Court challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The petition argues that the Act infringes upon fundamental rights and violates constitutional principles. It raises concerns over increased government control and the inclusion of non-Muslim members in Waqf Boards. The case is expected to prompt a significant judicial review of the newly enforced legislation.
New Delhi: The All India Association of Jurists approached the Supreme Court, challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
The petition, filed earlier this week, questions the legality and implications of the newly enacted legislation, which came into force on April 8, 2025.
President Droupadi Murmu granted her assent to the Waqf (Amendment) Bill, 2025, which was previously passed by Parliament amid intense debates in both Houses. Multiple petitions have already been filed in the apex court contesting the bill’s validity.
Also Read: Waqf (Amendment) Act 2025 Enacted | The President of India Gives Assent on April 5
The association, comprising senior legal experts and constitutional scholars, argues that several provisions of the Act violate fundamental rights enshrined in the Constitution.
However, the petitioners argue that these amendments infringe on the autonomy of religious institutions and communities, particularly Muslims, in managing their endowments.
The jurists claim that by altering the composition of waqf boards and giving the state more control over religious properties, the Act violates Articles 25 and 26 of the Constitution, which guarantee freedom of religion and the right to manage religious affairs.
Earlier, The All India Muslim Personal Law Board (AIMPLB) has been particularly vocal against the bill, announcing plans to organize large-scale protests across the country. A demonstration is set to occur on March 26 in Patna’s Gardanibagh, followed by another in Vijayawada on March 29.
AIMPLB spokesperson Qasim Rasool Ilyas criticized the bill, asserting that it was introduced on communal grounds and infringes upon the rights of Muslims.
He also claimed that the Joint Parliamentary Committee (JPC), which reviewed the bill, acted unilaterally and ignored the concerns of opposition parties and Muslim organizations.
The Waqf (Amendment) Bill, 2025 has officially become law after receiving the President of India’s assent on April 5, 2025. The Waqf (Amendment) Bill, 2025 has officially become the Waqf (Amendment) Act, 2025.
This marks a major reform in the governance of Waqf properties across the country.
The Waqf Act, originally enacted in 1995, governs the administration of Muslim charitable endowments (Waqf properties) in India.
The Waqf (Amendment) Bill, which faced significant opposition from various groups, including key Muslim organizations, was approved by the Lok Sabha on Wednesday and the Rajya Sabha on Thursday.
The Waqf Amendment Bill was passed after a 12-hour-long debate, securing 288 votes in favor and 232 against.
On August 8, 2024, two significant legislative proposals, namely the Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024, were introduced in the Lok Sabha. These bills aim to enhance the efficiency of Waqf Board operations and ensure better management of Waqf properties across India.
The concept of Waqf in India dates back to the Delhi Sultanate era when Sultan Muizuddin Sam Ghaor dedicated two villages to the Jama Masjid of Multan. Over time, successive Islamic dynasties increased the number of Waqf properties.
These properties are typically donated for religious, educational, or charitable purposes and are managed by Waqf Boards established under the Act. Over the years, problems like corruption, poor management, and illegal occupation have troubled the system, leading to the need for changes and reforms.