New Delhi, Apr 9 (UNI) Samajwadi Party MP from Sambhal, Zia Ur Rehman Barq, has approached the Supreme Court by filing a writ petition challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
The Act, which came into force on April eight, is alleged to infringe upon the religious independence of the Muslim community and impose discriminatory restrictions that are not applicable to other religious endowments.
In a separate petition, Rashtriya Janata Dal MPs Dr Manoj Kumar Jha and Faiyaz Ahmad, representing Bihar, have also challenged the legislation, contending that it violates several fundamental rights enshrined under Articles 1, 14, 15, 21, 25, 26, 29, 30, and 300A of the Constitution.
The petitions, filed through Advocate-on-Record Fauzia Shakil, argue that the amendments fundamentally weaken the framework of waqf administration, alter the original legislative intent of the Waqf Act, 1995, and pave the way for unprecedented state interference in Muslim religious endowments.
One of the most contentious changes is the deletion of "waqf by user" under Section 3(r), which previously recognized properties long used by Muslims for religious or charitable purposes as valid waqfs even without formal documentation.
This principle was explicitly upheld by a Constitution Bench of the Supreme Court in the landmark M Siddiq versus Mahant Suresh Das (2020) judgment, also known as the Ram Janmabhoomi case.
Petitioners argue that the removal of this provision threatens the legal sanctity of numerous historical waqf properties.
The petition highlights that many waqfs across India—mosques, dargahs, graveyards, and educational
institutions are based on user-based dedication rather than written deeds. By mandating formal documentation and restricting the creation of waqfs only by Muslims who have practised the faith for five years, the Amendment Act is said to severely curtail the community’s ability to manage and preserve its religious heritage.
Additionally, the Act introduces mandatory non-Muslim representation in both the Central Waqf Council and State Waqf Boards, a move the petitioners claim infringes upon denominational autonomy as protected under Articles 25 and 26.
The amended Sections 9 and 14 allow for the appointment of two non-Muslim members to these statutory bodies, undermining their religious character.
Another significant challenge is raised against Sections 3D and 3E of the amended Act, which allow waqf declarations to be voided if the property is declared a “protected monument” or lies in a “protected area”.
The petitions argue that this disproportionately affects historically significant waqfs and is likely to be misused.
It is also noted that the Act prevents members of Scheduled Tribes who convert to Islam from creating waqfs, which raises serious constitutional concerns under equality and non-discrimination provisions.
Critically, the Amendment Act removes the statutory time limit of two years to challenge the waqf status of a property, opening up centuries-old waqf properties to indefinite legal contests.
Petitioners argue this provision could lead to relentless litigation, harassment, and the erosion of the philanthropic purpose of waqfs.
The petitions emphasize that the cumulative effect of the amendments amounts to an unconstitutional
dismantling of the safeguards offered by the Waqf Act, 1995.
Citing precedents like K Nagaraj & Ors versus State of Andhra Pradesh (1985), the petitioners contend that an amendment that defeats the purpose of the parent statute can be declared ultra vires and struck down.
So far, 15 petitions challenging various provisions of the Waqf (Amendment) Act, 2025 have been filed before the Supreme Court.
The cases are likely to be heard soon by a constitutional bench, given the wide-ranging implications on minority rights and religious autonomy.
The Act, passed amidst heated debates in Parliament, secured 288 votes in favour and 232 against in the Lok Sabha on April three and was cleared by the Rajya Sabha with 128 votes for and 95 against on April four.
President Droupadi Murmu granted her assent on April five, and the Ministry of Minority Affairs notified April eight, 2025, as the commencement date.
The legislation introduces 40 amendments to the Waqf Act, 1995.
While the government claims it aims to bring transparency and accountability to waqf administration, the petitioners contend that it opens a gateway to discrimination, loss of religious autonomy and constitutional regression.
UNI SNG