Chicago April 7, 2025
Supreme Court to Hear Petitions Against Waqf Amendment Act
The Supreme Court of India is set to hear multiple petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. This Act has sparked intense controversy, with critics arguing it imposes arbitrary restrictions on Waqf properties and undermines minority rights.
Key Concerns
Critics claim the Act discriminates against the Muslim community and violates fundamental rights. Key concerns include:
- Removal of “Waqf by User” Concept: The Act removes the concept of “waqf by user,” a traditional principle upheld in the Ramjanmabhumi-Babri Masjid judgment.
- Invalidation of Waqf Declarations: The Act invalidates waqf declarations over ASI-protected monuments and prohibits creation of waqf over Scheduled Tribes’ properties.
- Dilution of Muslim Representation: The Act dilutes Muslim representation in the Central Waqf Council and State Waqf Boards.
Petitioners’ Arguments
Prominent figures, including AIMIM President Asaduddin Owaisi and Congress MP Mohammad Jawed, have filed petitions against the Act. They argue that the Act:
- Violates Article 26: The Act violates Article 26 of the Constitution, which guarantees religious denominations autonomy in religious matters.
- Undermines Federal Principles: The Act undermines federal principles by centralizing authority within the Central government.
