New Delhi: All India Majlis-e-Ittehadul Muslimeen (AIMIM) MP Asaduddin Owaisi has approached the Supreme Court challenging the controversial Waqf Amendment Bill, 2025, which has been passed by both Houses of Parliament and is currently awaiting Presidential assent.
Table of Contents
In his plea, Owaisi argues that the Bill infringes upon multiple fundamental rights of the Muslim community, particularly Articles 14, 26, and 30 of the Indian Constitution. Article 26 guarantees religious denominations the freedom to manage their religious affairs independently. According to Owaisi, the Amendment strips Muslims of administrative rights over waqf properties — rights that remain intact for Hindu, Sikh, and Jain communities in managing their endowments.
Petition Terms the Bill as Discriminatory
Filed through advocate Lzafeer Ahmad, the petition challenges several provisions of the Amendment, including:
- Restrictions on who can declare a waqf.
- Elimination of “waqf by user” as a valid form of declaration.
- Inclusion of non-Muslims on Central and State Waqf Boards.
The plea emphasizes that these provisions violate the equality clause under Article 14 and the minority rights granted under Article 30, especially concerning the right to establish and administer religious and educational institutions.
Owaisi: “Why Are Muslims Being Singled Out?”
During the Lok Sabha debate, Owaisi had raised strong objections to the Bill, stating, “A Muslim will face restrictions on waqf property, and the encroacher will overnight become the owner. A non-Muslim will administer it, and this is a violation of Article 14.”
He added, “Hindus, Sikhs, Jains, and Buddhists have been given the right to administer their religious groups. Then why are the rights being taken away from Muslims? This is a grave violation of Article 26.”
Congress MP Also Challenges Bill
Earlier, Congress MP Mohammad Jawed had also moved the Supreme Court against the same legislation, citing similar constitutional violations. His petition argued that the Bill is discriminatory toward Muslims and infringes upon their religious freedoms and property rights.
Key Provisions of the Amendment
The Waqf Amendment Bill seeks to overhaul the Waqf Act of 1995. Key changes include:
- Renaming it as the Unified Waqf Management, Empowerment, Efficiency, and Development Act.
- Restricting waqf declaration to Muslims who have practiced the faith for at least five years and own the property.
- Removal of waqf by user, previously used to claim properties used for religious purposes over a long duration.
- Mandatory inclusion of non-Muslim members in the Central Waqf Council.
- Transfer of certain powers from state governments to the Centre, including audit authority and rule-making.
The Bill has triggered widespread concern among Muslim leaders and legal experts, who argue that the Amendment dilutes community control over religious properties and could set a precedent for interference in religious affairs.