GUWAHATI: AIMIM chief Asaduddin Owaisi and Congress MP Mohammad Jawed filed petitions in the Supreme Court on Friday, April 4, to challenge the constitutional validity of the Waqf (Amendment) Bill, 2025.
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Both leaders have argued that the amendments violate fundamental rights, particularly those related to religious freedom and minority protections. The petitions, filed through advocate Anas Tanwir, claim that the bill introduces discriminatory state control over Islamic religious endowments. This challenge has arrived even before the legislation has received Presidential assent.
The bill, which was passed in both Houses of Parliament amid sharp opposition, has sparked widespread debate. Jawed, a member of the Joint Parliamentary Committee that reviewed the bill, contended that the amendments violate Articles 14, 25, 26, 29, and 300A of the Constitution, which safeguard equality, religious freedom, minority rights, and property ownership. He specifically criticised the provision that limits waqf property dedication based on the duration of religious practice, calling it an arbitrary restriction that contradicts Islamic law.
Another issue raised in the petition is the inclusion of non-Muslim members in Waqf Boards and the Central Waqf Council. The petitioners argue that such an intervention is selective and lacks reasonable justification, as similar oversight does not exist for Hindu or Sikh religious trusts.
Speaking on the matter, Jawed said, “Several people in India will file this petition, several parties will do this... In Parliament, everyone in the Opposition said that this is unconstitutional. If you have numbers, it doesn’t mean you can pass anything and take away our rights.”
AIMIM MP Asaduddin Owaisi also strongly opposed the bill, calling it a “brazen violation” of Muslim community rights. During the debate in Parliament, he tore a copy of the legislation, drawing a comparison to Mahatma Gandhi’s civil disobedience in South Africa. “Like Gandhi, I am also tearing up this law. This is unconstitutional,” he said.
Owaisi also urged the government to consider the 10 amendments he had proposed, warning that the bill would curtail Muslim rights.
Notably, the Waqf Amendment Bill, 2025, was introduced by Union Home Minister Amit Shah in Parliament to revise the 1995 Act governing religious endowments. While the government claims the amendments improve transparency and regulation, critics have argued that they undermine community autonomy and impose excessive state control.