Moitra is the latest to join several other leaders and organisations who have already challenged the controversial law in the top court.
New Delhi: 10th April: Trinamool Congress (TMC) MP Mahua Moitra has filed a petition in the Supreme Court against the Waqf (Amendment) Act, 2025, raising serious concerns about how the law was passed and its impact on the fundamental rights of citizens.
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Moitra is the latest to join several other leaders and organisations who have already challenged the controversial law in the top court.
The Supreme Court has already listed ten other petitions for hearing on April 16, including one by AIMIM leader Asaduddin Owaisi.
A three-judge bench headed by Chief Justice Sanjiv Khanna, and including Justices Sanjay Kumar and KV Viswanathan, will hear the case.
Samajwadi Party MP from Sambhal, Zia-ur-Rahman Barq, has also filed a similar petition against the Waqf (Amendment) Act in the apex court.
Mahua Moitra filed her petition on April 9, 2025, claiming that the Waqf (Amendment) Act, 2025, suffered from serious procedural lapses and violated multiple fundamental rights under the Indian Constitution.
“It is submitted that the violation of parliamentary practices during the law-making process has contributed to the unconstitutionality of the Waqf (Amendment) Act, 2025,” the plea said.
“Procedurally, the Chairperson of the Joint Parliamentary Committee flouted parliamentary rules and practices both at the stage of consideration and adoption of the draft report of the Joint Parliamentary Committee on the Waqf Amendment Bill and at the stage of presentation of the said report before Parliament,” it said.
Moitra also claimed that dissenting voices were deliberately ignored and removed during the process:
“Dissenting opinions from the opposition MPs were reportedly redacted without justification from the final report presented in Parliament on February 13, 2025,”
According to her, this directly affected the fairness of the law-making process:
“Such actions undermined the deliberative process of Parliament and violated established norms as outlined in authoritative parliamentary procedure manuals,” it said.
The plea also stated that the Waqf (Amendment) Act, 2025 violates several key rights guaranteed by the Constitution, including:
- Article 14 – Right to Equality
- Article 15(1) – Prohibition of Discrimination
- Article 19(1)(a) – Freedom of Speech
- Article 19(1)(c) – Freedom of Association
- Article 21 – Right to Life and Personal Liberty
- Articles 25 and 26 – Freedom of Religion
- Articles 29 and 30 – Rights of Minorities
- Article 300A – Right to Property
Moitra has requested the Supreme Court to strike down the entire Act, arguing that both the process and content of the law are unconstitutional.
Similarly, Intervention applications have been filed in the Supreme Court in support of the Waqf (Amendment) Act, 2025, stating that the changes made through this amendment are in line with the Constitution of India.
These applications were filed by Satish Kumar Aggarwal, a member of Akhil Bharat Hindu Mahasabha, and Vishnu Gupta, the National President of Hindu Sena, opposing petitions that challenge the constitutional validity of the Waqf (Amendment) Act.
The applicants argued that:
“A perusal of Section-40 of the Waqf Act, 1995 would show that the Waqf board was empowered to collect information regarding any property which it has reason to believe to be a Waqf property and such property used to be declared as Waqf property. Therefore, in garb of Section-40, the Waqf board acquired of lakhs acres land of others in the name of Waqf property. Therefore, the Parliament was compiled to exercising its legislative power to ament the provision of the Waqf Act, 1995.”
These applications were filed through advocate Barun Sinha.
Several other individuals and organisations have also filed petitions against the law. These include:
- Asaduddin Owaisi (AIMIM)
- Amanatullah Khan (AAP)
- Association for the Protection of Civil Rights
- Arshad Madani
- Samastha Kerala Jamiathul Ulema
- Anjum Kadari
- Taiyyab Khan Salmani
- Mohammad Shafi
- Mohammed Fazlurrahim
- Manoj Kumar Jha (RJD)
Among the key organisations and political parties challenging the law are:
- All India Muslim Personal Law Board (AIMPLB)
- Jamiat Ulama-i-Hind
- Dravida Munnetra Kazhagam (DMK)
- Congress MPs Imran Pratapgarhi and Mohammad Jawed
The Supreme Court will now hear all these petitions, including Mahua Moitra’s, on April 16. The outcome of this case is likely to have significant implications on religious rights, minority protection, and the legislative process in India.
