The Communist Party of India (CPI) has approached the Supreme Court, challenging the constitutional validity of the Waqf Amendment Act. The party argues that the law “violates the constitutional rights of the Muslim community and undermines the independence of Waqf Boards.”
New Delhi: The Communist Party of India (CPI) moved the Supreme Court of India against the recently passed Waqf (Amendment) Act, 2025. The party raised serious concerns over the law and said that it violates the constitutional rights of the Muslim community and undermines the independence of Waqf Boards.
The writ petition was filed by CPI’s General Secretary, D Raja, through advocate Ram Sankar.
The party claimed that the law was passed by the Central government even though there was massive public opposition. CPI also alleged that the Centre did not properly consider the concerns raised by members of the Joint Parliamentary Committee (JPC) and other key stakeholders.
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As per the plea, the Amendment Act was officially published on April 5 after it received the President’s assent. The party said “this law substantially curtails the autonomy of the Waqf Board and fundamentally transforms the framework of the Waqf Act, 1995.”
The CPI stated in its petition,
“It vests unchecked authority in the Central government over the administration of the Waqf Board, thereby infringing upon the rights guaranteed under Articles 25, 26, and 29 of the Constitution.”
The Waqf (Amendment) Act, 2025, is being opposed by many political parties, religious groups, and social organizations. The main allegation is that the new law gives excessive control to the Centre over Waqf properties and weakens the rights of Muslims to manage their religious and charitable endowments.
The Act was passed by the Rajya Sabha with 128 votes in favour and 95 against it. In the Lok Sabha, 288 MPs supported it, while 232 opposed it. On April 8, the Centre filed a caveat in the Supreme Court, asking that it must be heard before any order is passed on the matter.
A caveat is a legal notice to ensure no judgment is passed without hearing the concerned party.
The top court scheduled a hearing on April 16 to examine over a dozen petitions against the Waqf (Amendment) Act. A three-judge bench led by Chief Justice of India (CJI) Sanjiv Khanna and including Justices Sanjay Kumar and KV Viswanathan will hear the matter.
Several important leaders and organizations have approached the court. These include AIMIM MP Asaduddin Owaisi, AAP MLA Amanatullah Khan, RJD MP Manoj Jha, the Association for the Protection of Civil Rights, Arshad Madani, Samastha Kerala Jamiathul Ulema, Anjum Kadari, Taiyyab Khan Salmani, Mohd Shafi, and Mohd Fazlurrahim.
Some other petitions are also expected to be listed soon by the Supreme Court registry.
Recently, Tamil actor and politician Vijay, who is also the president of Tamizhaga Vettri Kazhagam (TVK), challenged the same law in the Supreme Court. Tamil Nadu’s ruling party DMK has also filed a petition through its Deputy General Secretary A Raja.
DMK said in a press note,
“Despite widespread opposition, the Waqf (Amendment) Bill was passed by the Union government without proper consideration of the objections raised by the members of the Joint Parliamentary Committee and the other stakeholders.”
The party further claimed that the implementation of the law affects Muslims across India.
“The immediate implementation of the Act infringed upon and prejudiced the rights of about 50 lakh Muslims in Tamil Nadu and 20 crore Muslims in other parts of the country.”
Many Muslim organizations such as the All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, and Samastha Kerala Jamiathul Ulema have also filed separate petitions challenging the law.
AIMPLB spokesperson S Q R Ilyas stated in a press release,
“The amendments passed by the Parliament are arbitrary, discriminatory and based on exclusion.”
He further said,
“The amendments not only violated the fundamental rights guaranteed under Articles 25 and 26 of the Constitution but also clearly revealed the government’s intention to take complete control over the administration of Waqf, therefore, sidelining the Muslim minority from managing its own religious endowments.”
He explained that,
“Articles 25 and 26 ensure freedom of conscience, the right to practise, propagate religion, and the right to establish and manage institutions for religious and charitable purposes.”
Congress MP Mohd Jawed has also filed a petition and alleged that,
“The Act imposed arbitrary restrictions on Waqf properties and their management, undermining the Muslim community’s religious autonomy.”
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In a separate plea, AIMIM Chief Asaduddin Owaisi said,
“The legislation took away from Waqfs various protection accorded to Waqfs, and Hindu, Jain and Sikh religious and charitable endowments alike.”
The Association for the Protection of Civil Rights, an NGO, has also moved the Supreme Court questioning the constitutional validity of the new law.
AAP’s Delhi MLA Amanatullah Khan, in his petition, said that the Act should be struck down, calling it unconstitutional.
He stated that the law violates,
“Articles 14, 15, 21, 25, 26, 29, 30 and 300-A of the Constitution.”
The Supreme Court’s decision in this case will be a crucial one, as it involves multiple constitutional rights including freedom of religion, right to equality, and protection of property. With such a large number of petitions and high-profile petitioners, the outcome of this case could have a big impact on how religious endowments are governed in India.