Aam Aadmi Party MLA in Delhi assembly Amanatullah Khan has moved the Supreme Court, challenging the constitutional validity of the Waqf (Amendment) Bill, 2025, seeking declaration that it is “unconstitutional, being violative of Article 14 (right to equality before law), Article 25 (freedom to practice religion), Article 26 (freedom to manage religious affairs), Article 29 (minority rights) and Article 300A (right to property) of the Constitution of India.”
Seeking the striking down of the Waqf (Amendment) Bill, 2025, that was passed by the Lok Sabha on Thursday and the Rajya Sabha on Friday, Khan in his petition has said that the Bill curtails the religious and cultural autonomy of Muslims, enables arbitrary executive interference, and undermines minority rights to manage their religious and charitable institutions.”
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Khan is the third petitioner who has challenged the constitutional validity of the Waqf (Amendment) Bill, 2025. On Friday – Congress leader Mohammad Jawed and All India Majlis-e-Ittehadul Muslimeen (AIMIM) Chief Asaduddin Owaisi moved Supreme Court challenging the Waqf (Amendment) Bill, 2024 contending it was discriminatory towards Muslim community and violates their fundamental rights as it imposes restrictions that are not present in the governance of other religious endowments.
The Waqf (Amendment) Bill, was initially introduced in Parliament in 2024 but was referred to the Joint Parliamentary Committee in the wake of stiff opposition to the original bill and to hear views/suggestions of the various stakeholders. It was reintroduced in 2025.
The Congress leader and Rajya Sabha member Mohammad Jawed, who was also the member of the Joint Parliamentary Committee that had examined the Waqf (Amendment Bill, 2025 has stated that “The Bill discriminates against the Muslim community by imposing restrictions that are not present in the governance of other religious endowments. For instance, while Hindu and Sikh religious trusts continue to enjoy a degree of self-regulation, the amendments to the Wakf Act, 1995, 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 AIMIM Chief Asaduddin Owaisi in his petition has stated that the amended Bill “irreversibly dilute” the statutory protections afforded to Waqfs and their regulatory framework while conferring undue advantage upon other stakeholders and interest groups, undermining years of progress and setting back Waqf management by several decades.
“Amendment Bill also takes away from Waqfs various protections which were accorded to Waqfs and Hindu, Jain, and Sikh religious and charitable endowments alike. This diminishing of the protection given to Waqfs while retaining them for religious and charitable endowments of other religions constitutes hostile discrimination against Muslims and is violative of Articles 14 and 15 of the Constitution, which prohibit discrimination on the grounds of religion,” the AIMIM Chief has said in his petition.
The Congress leader Mohammad Jawed has termed as “unwarranted interference” the amendment to the composition of the Waqf Board and the Central Waqf Council that mandates the inclusion of non-Muslim members in Waqf administrative bodies. On the other hand, the Hindu religious endowments are exclusively managed by Hindus under various state enactments, the Congress leader has said, pointing to the distinction in the management of Muslim endowments and that of the Hindus.
“This selective intervention, without imposing similar conditions on other religious institutions, is an arbitrary classification and violates Articles 14 and 15,” says the petition by the Congress leader challenging the legality of the Waqf (Amendment) Bill, 2025.
As per the practice, these petitions are likely to be mentioned on Monday, April 7, 2025, for an early listing.
