The Supreme Court will hear 10 major petitions Today (April 16) challenging the Waqf (Amendment) Act, 2025. Petitioners argue the law violates Muslim rights and the Indian Constitution.
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NEW DELHI: Today, on April 16, the Supreme Court of India will listen to ten different legal petitions that question the constitutional validity of the Waqf (Amendment) Act, 2025.
This Act was passed recently and has become a matter of serious concern, especially among members of the Muslim community.
A special bench of three judges will hear these petitions. The bench will be led by Chief Justice of India Sanjiv Khanna, and will also include Justice PV Sanjay Kumar and Justice KV Viswanathan.
Each of the petitioners has raised different legal and constitutional issues regarding this Act, claiming that it violates fundamental rights of the Muslim community.
Here is a complete and simple explanation of the ten petitions:
1. Petitioner: Asaduddin Owaisi
Filed by advocate Lzafeer Ahmad, this petition argues that the new amendments reduce the legal protection earlier given to waqf properties. Owaisi says this Act treats Muslim waqfs unfairly in comparison to religious properties of other communities.
He claims it breaks the rules of Article 14 and Article 15 of the Indian Constitution, which protect people from religious discrimination.
“While Parliament represents the will of the people, in today’s era of majoritarian politics, this Hon’ble Court has to discharge its constitutional duty as a sentinel on the qui vive to protect the minority from the tyranny of the majority”
2. Petitioner: Amanatullah Khan
Filed through advocate Adeel Ahmed, this petition argues against adding non-Muslim members to the Central Waqf Council and State Waqf Boards, saying that it violates Article 14 as it does not make any logical classification and has no real connection to proper religious administration.
It also objects to Section 3(r) of the Act, which says only Muslims who have followed Islam for five years and own the property can create waqfs.
The petitioner argues this ignores many traditional forms of waqf like informal or historical dedications.
3. Petitioner: Association for the Protection of Civil Rights (APCR)
Also filed by Advocate Adeel Ahmed, this petition says that problems with waqf boards can be fixed through reforms and discussions, as suggested in the Sachar Committee Report, 2006, instead of making drastic changes.
It says the new law is not needed and creates serious interference in the religious life of Muslims.
According to the plea, this affects the basic idea of waqf, which comes from Quran and Hadith, and has been followed since the time of Prophet Muhammad.
4. Petitioner: Maulana Arshad Madani
Filed by Advocate Fuzail Ahmad Ayyubi, this plea highlights how the new law forces mandatory uploading of waqf details on an online portal. This might harm old waqfs, especially those that were orally declared or do not have official documents.
The petition also says that removing the idea of ‘waqf by user’ from the legal definition is a big problem. This method helped many old mosques and graveyards get legal protection.
It says this removal goes against the Supreme Court’s ruling in the 2019 Ayodhya judgment.
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5. Petitioner: Samastha Kerala Jamiathul Ulema
Filed by Advocate Zulfiker Ali PS, this petition argues that the new law is meant to weaken state waqf boards and eventually turn waqf land into government land.
The group says the new rules damage the religious purpose of waqf and interfere with the way waqfs are managed democratically.
They also say that the Act is a serious attack on the rights of religious groups to manage their own religious matters, a right protected under Article 26 of the Constitution.
6. Petitioner: Anjum Kadari
Filed by Advocate Sanjeev Malhotra, this petition says the selective changes in waqf laws are dangerous and unfair. It breaks the ideas of equality, religious freedom, and protection of minority rights.
“Dangerous and discriminatory precedent, undermining the fundamental principles of equality, religious freedom and protection of minority rights.”
The petition also says that to respect past court decisions and protect the rights of Muslims, the removal of ‘waqf by user’ and the Act itself should be reviewed.
7. Petitioner: Taiyyab Khan Salmani
Also filed by Advocate Sanjeev Malhotra, this petition focuses on the new restrictions about who can create a waqf.
According to the petitioner, this clashes with the Muslim Personal Law (Shariat) Application Act, 1937.
That law says any capable Muslim living in the applicable areas can create waqf. The new rules go beyond that.
ALSO READ: Applications Filed in Supreme Court Supporting Waqf (Amendment) Act, 2025
8. Petitioner: Mohammad Shafi
Filed by Advocate Wajeeh Shafiq, this petition says the amendments violate an important legal principle:
“Quando aliquid prohibetur ex directo, prohibetur et per obliquum,”
which means “what cannot be done directly, cannot be done indirectly.”
The petition says the new law wrongly interferes with the rights of people who donate property as waqf, those who use waqf properties, and those who manage them.
9. Petitioner: Mohammad Fazlurrahim
Filed by Advocate Talha Abdul Rahman, this plea was submitted by the General Secretary of the All India Muslim Personal Law Board.
He says the new law should not be seen alone, but as part of a larger effort including government orders, police actions, and other legal tools that together attack the principles of equality, fraternity, and equal protection of law.
“The text and the context of the law are both important in understanding whether the Act is against the principle of constitutional morality.”
10. Petitioners: Dr Manoj Kumar Jha and Faiyaz Ahmad
Filed by Advocate Fauzia Shakil, this petition comes from two Members of Parliament belonging to the Rashtriya Janata Dal.
They say the new Act violates many constitutional rights listed in Articles 1, 14, 15, 21, 25, 26, 29, 30 and 300A.
They believe the Act unfairly targets only Muslim religious trusts, bringing in more government control, and therefore discriminates based on religion.
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All ten petitions show serious concern that the Waqf (Amendment) Act, 2025 may be unconstitutional and may hurt the rights of Muslims in India. The Supreme Court’s hearing on April 16 will be a key moment, as it could affect the future of waqf properties and the rights of minority communities in the country.
Stay tuned for the Supreme Court’s judgment as it may set a new path for religious freedom and equality in India.
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