GUWAHATI: The Supreme Court will on Wednesday, April 16 begin hearing a series of petitions challenging the constitutional validity of the Waqf (Amendment) Act. The law, which has stirred significant controversy and protests across the country, is being questioned by a wide range of political leaders, religious bodies, and citizens who argue that it infringes on fundamental rights and disproportionately affects the Muslim community.
A total of 73 petitions have been scheduled for hearing before a three-judge bench comprising Chief Justice of India Sanjiv Khanna, Justice Sanjay Kumar, and Justice KV Viswanathan. The hearing is set to commence at 2 p.m.
Among the petitioners are leaders from several political parties including the Congress, Trinamool Congress, CPI, Samajwadi Party, AAP, RJD, JDU, AIMIM, TVK (led by actor Vijay), and the Indian Union Muslim League. Religious organizations such as the All India Muslim Personal Law Board, Jamiat Ulama-i-Hind, and Samastha Kerala Jamiathul Ulema are also part of the challenge.
The petitions argue that the amended law undermines the autonomy of the Muslim community by removing elected representation from Waqf Boards, allowing non-Muslim appointments, and weakening the traditional safeguards around religious properties. Critics claim the amendments strip Waqf institutions of their independence, introduce excessive government control, and dilute protections for religious endowments.
In particular, objections have been raised over:
-The dismantling of democratic processes within Waqf Boards.
-Appointment of non-Muslims to key positions.
-Limiting the community’s right to define and protect religious endowments.
-Exclusion of Scheduled Tribes from creating Waqfs.
-Redefinition of “Waqf,” eliminating the concept of “Waqf by user.”
-Potential loss of undocumented or orally dedicated Waqf properties.
-Retrospective provisions that may revoke Waqf status of historic sites.
Petitioners fear that these changes pave the way for large-scale government control over Waqf assets and erode religious and cultural autonomy.
Notably, two Hindu petitioners have also filed pleas against the Act. Advocate Hari Shankar Jain and Noida resident Parul Khera have alleged that certain provisions enable illegal occupation of public and Hindu religious properties under the guise of Waqf.
In response, seven state governments have sought to support the Centre by filing intervention applications, asserting that the amended Act is constitutional, fair, and aimed at improving transparency in Waqf property management.
The Central Government has also filed a caveat, requesting the court not to issue any order without hearing its side.
The Waqf Amendment Act, which received President Droupadi Murmu’s assent on April 5, was passed in Parliament amidst intense debate. The bill was approved in the Lok Sabha with 288 votes in favour and 232 against, while the Rajya Sabha passed it with a 128-95 vote split.
