The plea, filed by advocate Anas Tanwir, further claimed that the bill discriminates against Muslims by “imposing restrictions that are not present in the governance of other religious endowments.”
NEW DELHI: 4th April: All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi have moved the Supreme Court against the Waqf (Amendment) Bill, 2025.
The bill was passed in the Rajya Sabha with 128 votes in favor and 95 against on Thursday. Earlier, on April 3, the Lok Sabha had passed the bill with 288 members supporting it and 232 opposing it.
ALSO READ: Union Cabinet Approves Proposed Changes Of Waqf (Amendment) Bill After JPC Report
In his petition, Congress MP Mohammad Jawed stated that the bill places “arbitrary restrictions” on Waqf properties and their management. He argued that it weakens the religious rights of the Muslim community.
The plea, filed by advocate Anas Tanwir, further claimed that the bill discriminates against Muslims by “imposing restrictions that are not present in the governance of other religious endowments.”
AIMIM chief Asaduddin Owaisi also moved the Supreme Court against the bill. His petition states that the Waqf (Amendment) Bill, 2025 “brazenly violate[s] the fundamental rights of Muslims and the Muslim community.“
Senior Congress leader Jairam Ramesh has announced that the Indian National Congress (INC) will soon file a petition in the Supreme Court challenging the bill’s constitutionality.
“The INC will very soon be challenging in the Supreme Court the constitutionality of the Wakf (Amendment) Bill, 2024. We are confident and will continue to resist all assaults of the Modi Govt on the principles, provisions, and practices that are contained in the Constitution of India,” Jairam Ramesh stated on X.
Jairam Ramesh also highlighted that the Congress party has taken legal action against several laws introduced by the Modi government. He cited examples such as the Citizenship (Amendment) Act, 2019 (CAA), the 2019 amendments to the Right to Information Act, 2005, and the recent amendments to the Conduct of Election Rules (2024). Additionally, he mentioned the party’s intervention in the Supreme Court to uphold the “letter and spirit” of the Places of Worship Act, 1991.
What Is the Waqf (Amendment) Bill, 2025?
The Waqf (Amendment) Bill, 2025 is a law that changes parts of the existing Waqf Act, 1995. The goal is to make the management of Waqf properties more efficient, transparent, and modern.
The original Waqf Act was made to regulate and manage Waqf properties – these are properties given for religious or charity purposes under Islamic law.
The Bill was first introduced in August 2024 and later sent to a Joint Parliamentary Committee (JPC), which made some suggestions for changes.
Now, it has been officially passed by the Lok Sabha.
Key Changes Proposed in the Bill
- The Bill renames the original Act as the Unified Waqf Management, Empowerment, Efficiency, and Development Act to reflect a broader goal of better management.
- Earlier, any long-term use or endowment could be declared as Waqf. But now, only a person who has practiced Islam for at least five years and owns the property can declare it as waqf. This removes the earlier idea of “waqf by user.”
- It also ensures that waqf-alal-aulad (waqf for family) cannot deny inheritance rights to legal heirs, including women.
- The Bill removes the power of Waqf Boards to decide whether a property is Waqf or not.
- The original law required all members of the Central Waqf Council to be Muslims, but the Bill now says that two members must be non-Muslims. MPs, judges, and other experts appointed to the Council don’t have to be Muslims. However, Muslim scholars, leaders, and board chairpersons must be Muslims, and at least two of them must be women.
- The Central Government gets more power to make rules for registration and auditing of Waqf accounts and the functioning of Waqf Boards.
- Earlier, State governments could audit Waqf accounts. Now, the Central government can ask the CAG or other officers to do the audit.
- The Bill also allows for separate Waqf Boards not just for Sunni and Shia, but also for smaller sects like Aghakhani and Bohra.
- One big change is about legal disputes: Earlier, decisions made by Waqf Tribunals were final and couldn’t be challenged in regular courts. But now, these decisions can be appealed in High Courts within 90 days.
ALSO READ: Congress MP Challenges Waqf Amendment Act in Supreme Court, Calls It Discriminatory
The passing of the Waqf (Amendment) Bill, 2025 marks a significant change in how Waqf properties will be managed in India. While the government says the law will improve transparency and stop misuse of Waqf, many opposition leaders believe it interferes with religious freedom and the rights of Muslims.
The public debate and strong reactions from both sides show that this law will remain in public discussion for a long time.
Case Title: ASADUDDIN OWAISI VS. UNION OF INDIA| WP(C) 176837/2025
