The Waqf (Amendment) Act, 2025 has officially entered the statute books following presidential assent by President Droupadi Murmu on April 5, 2025. The Ministry of Law and Justice notified the enactment, bringing to a close an intense three-day legislative discourse in Parliament and paving the way for impending constitutional scrutiny before the Supreme Court.
Congress MP Mohammad Jawed and AIMIM president Asaduddin Owaisi have separately approached the Supreme Court challenging the validity of the Act. The petitioners have raised serious constitutional objections, asserting that the law imposes “arbitrary restrictions” on the creation and governance of Waqfs, thereby infringing upon the religious autonomy of the Muslim community.
Jawed’s petition, filed through Advocate Anas Tanwir, claims the legislation discriminates against the Muslim community by “imposing restrictions that are not present in the governance of other religious endowments.” He further contends that the Act limits the creation of Waqfs based on the duration of one's religious practice, a condition he argues lacks any constitutional basis.
Owaisi’s challenge, filed through Advocate Lzafeer Ahmad, is even more direct. According to the plea, the amended law “constitutes hostile discrimination against Muslims and is violative of Article 14 and Article 15 of the Constitution, which prohibit discrimination on the grounds of religion.” The petition argues that the amendment selectively removes protections afforded to Waqfs while preserving them for other religious endowments including those of Hindus, Jains, and Sikhs.
The government, however, maintains that the amendment neither encroaches upon religious rights nor dilutes the nature of Waqf as a religious endowment. In a pointed intervention in the Lok Sabha, Union Home Minister Amit Shah clarified the rationale behind administrative reforms: “Waqf or charitable endowment is religious, not the Waqf Board or Councils.” He added, “There is an attempt to spread confusion that this law will interfere with their [Muslim] religious practices and the nature of donation. Such fear mongering is being done to create a vote bank.”
Defending the inclusion of non-Muslims in Waqf Boards, Shah remarked that it was purely for oversight and accountability: “Non-Muslims have been included in a Waqf Board or Council for administrative purposes and that too to ensure that any waqf donation is being used for the purpose it is meant for.”
The legislative passage was far from unanimous. In the Lok Sabha, 288 members voted in favour of the Bill while 232 opposed it. The Rajya Sabha also witnessed a divided house, with 128 votes in favour and 95 against. Opposition members described the Bill as “anti-Muslim” and “unconstitutional”, questioning both its intent and implications.
In tandem, Parliament also approved the Mussalman Wakf (Repeal) Bill, 2025, which similarly received presidential assent on the same day.
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