'Exclude Non-Muslims From Waqf Act' : Plea In Supreme Court Challenges Constitutionality Of Waqf Act 1995

Amidst a slew of petitions against the Waqf (Amendment) Act, 2025, a fresh petition has been filed in the Supreme Court challenging the constitutional validity of the parent statute—the Waqf Act, 1995—on the ground that it confers undue benefits on Muslims and discriminates against non-Muslims.

Advocates Hari Shankar Jain and Mani Munjal, through AOR Parth Yadav, filed the petition under Article 32 of the Constitution challenging the constitutionality of Sections 3(r), 4, 5, 6(1), 7(1), 8, 28, 29, 33, 36,41,52,83,85,89,101 of the Waqf Act 1995. It is contended that these provisions violate the fundamental rights under Articles 14, 15, 21, 25, 27 and 300A of the Constitution. 

Advocate Vishnu Shankar Jain, the counsel for the petitioners, mentioned the petition before Chief Justice of India Sanjiv Khanna for urgent listing tomorrow along with the other petitions which challenge the Waqf (Amendment) Act 2025. CJI said he would consider the request.

The petitioners seek the following directions :

 1. Direct the Government to identify those personal or religious Hindu Properties taken by the Waqf;

2. Recover Shamlat deh (common land of entire village), Shamlat Patti (common land of specific village group) or Jumla Mulkkan (jointly owned by several individuals) that came under the Waqf;

3. Exclude Hindus/ non-muslims from the ambit of S.4 and S.5 of the Waqf Act and 'any person aggrieved' under S.6(1) and 7(1);

(4) Allow Hindus/ Non- Muslims to approach civil courts in disputes relating to the waqf;

(5) Exclude Non-Muslims from the ambit of S.83 and 85 of the Waqf Act. Disputes between Waqf boards and properties of non-Muslims must be decided by civil courts instead of Waqf Tribunals.   

The petitioners argued that in the Waqf Act from time to time unguided, unfettered, unchecked and unbalanced powers have been conferred on Waqf Board in contravention of Article 14 of the Constitution of India and such powers are being exercised to usurp the properties of the Government and the private properties of non-Muslims.

If the property of a Hindu/non-Muslim had been declared or registered as waqf property, the aggrieved person must be entitled to file a suit in Civil Court. However, the Act compels such a person to approach the Waqf Tribunal for the redressal of his grievance. This, the petitioners argue, is violative of Article 14 of the Constitution of India, as a non-Muslim is deprived of the right to approach the regular civil court. 

Even though the Parliament has amended many of the draconian provisions of the Waqf Act by the 2025 amendment, many other such provisions still remain, the petitioners argue.

Case Details :  Hari Shankar Jain and Another v. Union of India & Others WP (C)No. 269/2025