Mohammad Jawed, who is also the Congress party whip in the Lok Sabha, was a part of the Joint Parliamentary Committee that reviewed the Waqf (Amendment) Bill of 2024.
NEW DELHI: Today, 4th April: A petition has been filed in the Supreme Court by Congress Member of Parliament (MP) Mohammad Jawed against the Waqf Amendment Act. He argues that the law is unfair to the Muslim community and violates their fundamental rights.
Mohammad Jawed, who is also the Congress party whip in the Lok Sabha, was a part of the Joint Parliamentary Committee that reviewed the Waqf (Amendment) Bill of 2024.
Jawed has claimed that the law violates several important rights under the Indian Constitution, including:
- Article 14 – Right to Equality
- Article 25 – Freedom to Practice Religion
- Article 26 – Freedom to Manage Religious Affairs
- Article 29 – Minority Rights
- Article 300A – Right to Property
Interestingly, the Waqf Amendment Act has not yet become an official law. It has been approved by both Lok Sabha and Rajya Sabha and is now waiting for Presidential assent.
The petition, filed through advocate Anas Tanwir, states that the law treats Muslims unfairly by imposing restrictions that are not applied to other religious groups.
“For instance, while Hindu and Sikh religious trusts continue to enjoy a degree of self-regulation, the amendments to the Wakf Act, 1995 (‘Wakf Act’), disproportionately increases state intervention in Waqf affairs. Such differential treatment amounts to a violation of Article 14 in addition to introduction of arbitrary classifications that lack a reasonable nexus to the objectives sought to be achieved, making it impermissible under the doctrine of manifest arbitrariness,” the plea states.
The petition also mentions that the amendment introduces new restrictions on creating Waqfs based on how long a person has been practicing Islam.
“Such a limitation is unfounded in Islamic law, custom or precedent and infringes upon the fundamental right to profess and practice religion under Article 25. Additionally, the restriction discriminates against individuals who have recently converted to Islam and wish to dedicate property for religious or charitable purposes, thereby violating Article 15,” the plea adds.
Another key issue raised is the inclusion of non-Muslim members in the Waqf Board and the Central Waqf Council. The plea argues that this is an unnecessary interference in religious governance.
“Unlike Hindu religious endowments, which remain exclusively managed by Hindus under various state enactments, this selective intervention, without imposing similar conditions on other religious institutions, is an arbitrary classification and violates Articles 14 and 15,” the petition claims.
A Waqf is property that is permanently dedicated for religious or charitable purposes under Islamic law. The Waqf Act, 1995 was passed to regulate the administration of such properties in India.
The Act defines the roles and responsibilities of different bodies like:
- Waqf Council
- State Waqf Boards
- Chief Executive Officer
- Mutawalli (caretaker of Waqf property)
- Waqf Tribunals (special courts for Waqf disputes)
The Indian Parliament has officially passed the Waqf (Amendment) Bill, 2025, after the Rajya Sabha gave its approval today.
A total of 128 members voted in favour of the bill, while 95 members opposed it.
The Upper House of Parliament held a 12-hour-long discussion before clearing the bill.
The Lok Sabha had already passed the bill earlier.
The Waqf (Amendment) Bill, 2025 has been brought with the aim of improving the management of Waqf properties, which are religious endowments made under Islamic law. The bill promises to protect heritage sites, promote social welfare, and increase transparency in how Waqf properties are managed.
It also aims to ensure better cooperation between Waqf Boards and local authorities, safeguard the rights of stakeholders, and enhance the social and economic condition of Muslim women, especially widows and divorced women.
Another key feature is the effort to make the Waqf Board more inclusive, with representation from different Muslim sects, allowing for better decision-making and more effective governance.
The law also tries to create a transparent and secular system for handling Waqf matters. With this new system, the government wants to establish fairness, accountability, and strong checks and balances in the working of the Waqf Boards.
Replying to the debate on the bill, Minority Affairs Minister Kiren Rijiju said,
“Crores of poor Muslims will be benefited from this legislation and in no way it harms any single Muslim.”
He also clarified that
“The legislation does not interfere in the Waqf properties.”
He assured the House that
“Narendra Modi government works with the vision of Sabka Saath and Sabka Vikas and it does not discriminate with any community.”
The Waqf Amendment Act makes major modifications to the 1995 Act, particularly in areas of governance and regulation. However, critics argue that these changes unfairly target Muslims, impose extra restrictions, and allow more government control over Waqf properties.
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.
Case Title: Mohammad Jawed vs Union of India
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