Sikh Person Moves Supreme Court Challenging Waqf Amendment Act 2025, Says It Violates Secular Ethos Of Constitution

Daya Singh, a practising Sikh and the President of Gurdwara Singh Sabha, Gurgaon, has filed a writ petition in the Supreme Court challenging the constitutionality of the Waqf (Amendment) Act 2025.

The petitioner, who claimed to be an advocate of inter-faith harmony and supporter of charitable endeavours across communities, contended that the amendments infringe upon his fundamental right to make charitable endowments across religious lines, a practice rooted in Sikh values and protected by the Constitution. He took particular exception to the Amendment taking barring non-Muslims from dedicating properties as Waqfs.

"It introduces an unreasonable classification based solely on religion and lacks any rational nexus with the objectives it purports to achieve. That by excluding non-Muslims from making endowments to the Waqf, the Act impermissibly restricts their autonomy over property, freedom of conscience, and religious expression. The State, under the guise of regulating religious endowments, cannot prohibit or restrain voluntary acts of charity or devotion by individuals merely on account of their religious identity," the petitioner contended.

He argued that the Amendment Act was "manifestly arbitrary" and "antithetical to the secular ethos enshrined in the Constitution."

The petitioner further argued that the Act was discriminatory against the Muslim community as it imposed more rigours on the management of Muslim endowments. "While Hindu and Sikh religious trusts enjoy a relatively autonomous legal status, the amendments to the Waqf Act disproportionately increase governmental oversight of Waqf affairs. This differential treatment lacks constitutional justification and violates Article 14," the petitioner said.

The petitioner also raised the grounds of challenge made in the other petitions - such as the challenge to the omission of 'waqf-by-user', the condition of 5-year practice of Islam to create Waqfs, inclusion of non-Muslims in Waqf Boards etc.

The petition was filed through Advocate-on-Record Shwetank Sailakwal.

A bench comprising Chief Justice of India Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Viswanathan will hear the petitions challenging the Waqf Amendment Act 2025 today at 2 PM.

Case : Daya Singh v Union of India | W.P.(C) No. 337/2025

Who Are The Petitioners Challenging Waqf Amendment Act 2025 In Supreme Court?