BJP leader and lawyer Ashwini Upadhyay has approached the Supreme Court challenging key provisions of the Waqf Amendment Act, raising the question, “Do these changes violate equality & justice?” The plea seeks a review of constitutional validity.
New Delhi: BJP leader and lawyer Ashwini Upadhyay has filed a Public Interest Litigation (PIL) in the Supreme Court of India, where he has challenged some important sections of the Waqf Act, 1995, which was recently amended in 2025.
In this legal petition, Upadhyay has raised questions over the constitutional validity of these sections and asked the Court to examine whether these changes go against the principles of equality and justice laid down in the Constitution of India.
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While placing his arguments before the Supreme Court bench, Ashwini Upadhyay said,
“This Court is already hearing petitions challenging the Places of Worship Act and the Minority Commission Act…”.
Chief Justice of India, Justice B.R. Gavai, who is leading the bench hearing this matter, responded to Upadhyay’s statement by saying,
“Not in 2025.”
Upadhyay then explained that the Court had heard such petitions in earlier years.
He replied,
“Yes, in 2020, 2024…”
Subsequently, CJI Gavai stated,
“We allow this plea to be considered as an intervention application (IA) in the ongoing case.”
Earlier, the Supreme Court of India heard petitions against the amended Waqf Amendment Act, 2025. Petitioners argue that the law violates Article 26 of the Constitution, which protects the right to manage religious affairs.
Several individuals, political leaders, and organisations have moved the court to challenge the Waqf Amendment Act. Among the petitioners are AIMIM MP Asaduddin Owaisi, Congress MP Md Jawed, RJD MP Manoj Kumar Jha, TMC MP Mahua Moitra, and other prominent figures.
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Various groups such as the All India Muslim Personal Law Board, Jamiat Ulema-i-Hind, and the Association for Protection of Civil Rights are also part of the challenge.
Political parties including the DMK, Indian Union Muslim League, YSR Congress Party, and the Communist Party of India have extended their support to the petitions.
Additionally, Delhi MLA Amanatullah Khan, SP MP Zia Ur Rehman, the Imam of Bengaluru’s Jama Masjid, and Tamil actor and TVK President Vijay have also approached the court.
On the other hand, the States of Rajasthan, Gujarat, Haryana, Maharashtra, Assam, Uttarakhand, and Chhattisgarh have filed applications to support the Waqf Amendment Act. The Central Government has submitted a caveat, requesting the court to hear its side before issuing any interim orders.
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.
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.
This amendment introduces significant reforms to the management and administration of waqf properties in India.
The Waqf Act, originally enacted in 1995, governs the administration of Muslim charitable endowments (Waqf properties) in India.
CASE TITLE: NIKHIL UPADHYAY vs UNION OF INDIA , W.P.(C) No. 502/2025