A fresh plea has been filed in the Supreme Court challenging the constitutional validity of the Waqf Act, 2025. The petition argues that the Act amounts to a “blatant intrusion into the rights of a religious group to manage its own affairs concerning religion.” It claims the legislation violates Article 26 of the Constitution, which guarantees religious denominations autonomy in religious matters. The court is yet to list the matter for detailed hearing.
New Delhi: A new plea has been submitted to the Supreme Court, challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
The petition claims that the Act represents a “blatant intrusion into the rights of a religious group to manage its own affairs concerning religion.”
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
This latest petition comes from the Samastha Kerala Jamiathul Ulema, a religious organization of Sunni Muslim scholars and clerics based in Kerala. Filed by advocate Zulfiker Ali P S, the plea argues that the amendments would distort the religious nature of Waqfs and significantly harm the democratic process governing their administration.
The plea states,
“Hence, it is submitted that the 2025 Act is a blatant intrusion into the rights of a religious denomination to manage its own affairs in the matter of religion which is protected under Article 26 of the Constitution of India,”
It further contends that the 2025 Act undermines the federal principles of the Constitution by stripping state governments and State Waqf Boards of their powers and centralizing authority within the Central government.
“The cumulative effect of these provisions will be highly detrimental to Waqfs at large and the Muslim community will be deprived of large tract of Waqf properties on account of operation of these provisions.”
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The Waqf Act, originally enacted in 1995, governs the administration of Muslim charitable endowments (Waqf properties) in India.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.
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