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

As the Supreme Court is set to hear the petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, tomorrow, we take a look at the petitions that have been filed so far. The Act, passed by the Parliament on April 4, received the President's assent on April 5. The Central Government has notified the operation of the Act with effect from April 8.Although ten petitions have been listed before a bench headed by Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar tomorrow, more than 15 petitions have been filed by religious institutions, members of Parliament, political parties, States etc, challenging the 2025 Act. Those ten petitions are filed by AIMIM MP Asaduddin Owaisi, Delhi AAP MLA Amanatullah Khan, Association for Protection of Civil Rights, Jamiat Ulema-i-Hind President Arshad Madani, Samastha Kerala Jamiatul Ulema, Anjum Kadari, Taiyyab Khan Salmani, Mohammad Shafi, Mohammad Fazlurrahim and RJD MP Manoj Kumar Jha.Common provisions challenged in all petitions Omission of 'waqf by user' provision, inclusion of non-Muslim members in the Central Waqf Council and State Waqf Board, limiting the inclusion of women members to two in the Council and Boards, pre-condition of 5 years as practising Muslim for create of waqf, diluting waqf-alal-aulad, renaming 'Waqf Act, 1995 to "Unifed Waqf Management, Empowerment, Efficiency and Development," appeal against the Tribunal's order, allowing Government to disputes regarding encroachment of government property, application of Limitation Act to Waqf Act, invalidating Waqf created over ASI protected monuments, restrictions on creating Waqfs over scheduled areas etc., are some of the provisons under challenge.The petitions have contended that the law violates Constitutional rights guaranteed under Articles 14 (right to equality), 25 (freedom to practice religion), 26 (freedom to manage religious affairs), 29 (minority rights) and 300A (right to property).By Members of Parliament/MLAs1. Congress MP Mohammad Jawed: In the petition, filed through Advocate-on-Record Anas Tanwir, Jawed contends that the Act discriminates against the Muslim community by imposing restrictions that are not present in the governance of other religious endowments.2. AIMIM MP, Asaduddin Owaisi: Filed through AOR Lzafeer Ahmad BF, the petition challenges the 2025 Act on grounds that the Amendment takes away the protection accorded to the waqf under Article 26 of the Constitution while retaining such protection for religious and charitable endowments of other religions.3. AAP MLA, Amanatullah Khan: Filed through Adeel Ahmed, AoR, the Act is challenged on the grounds that it curtails the religious and cultural autonomy of Muslims and enabling arbitrary executive interference with the rights to manage their religious and charitable institutions4. RJD MPs Manoj Kumar Jha and Faiyaz Ahmad: The petition, filed through AoR Fauzia Shakil, contend that these amendments fundamentally weaken the administration of waqfs, erode the original legislative intent of the 1995 Act, and facilitate largescale government interference in Muslim religious endowments.5. AITC MP Mahua Moitra: Moitra challenges the 2025 Act on the grounds, inter alia, that Parliamentary rules and practices were violated by the Joint Parliamentary Committee during the law-making process, contributing to the unconstitutionality of the 2025 Act.6. SP MP, Zia Ur Rehman: Filed through AOR Usman Ghani Khan, the petition states that the Act imposes "unreasonable limitations" on the management and oversight of waqf properties. It consequently undermines the "religious independence" of the Muslim community. It also discriminates against the Muslim community by introducing restrictions not applicable to the governance of other religious endowments.7. Manipur MLA Sheikh Noorul Hassan : Filed through AOR Abdullah Naseeh, the petition filed by legislator from Manipur, who belongs to the NDA, raised a concern over the amendment depriving Scheduled Tribes(STs) practising Islam from giving their property in Waqf.8. Congress MP Mohammad Hamdullah Sayeed from Lakshadweep : The petition, filed through AOR Anas Tanvir, challenged the ban on creation of Waqf over scheduled areas on the ground that it violated the fundamental rights of tribal members who follow Islam.Islamic bodies and other religious institutions 1. All India Muslim Personal Board (AIMPLB) via the General Secretary Mohammed Fazlurrahim: Filed through AOR Talha Abdul Rahman, the petitioner terms the 2025 Act as threatening to marginalise the Muslim minority by impinging upon their religious identity and practices. 2. Mohamed Maqsoon Imran, chief imam of Jamia Masjid, Bengaluru City: Filed through AOR Abid Ali Beeran P., the petitioner seeks complete restoration of the Waqf Act, 1995. It is stated that the 2025 amendments distort the religious character of waqfs while also irreversibly damaging the democratic process in the administration of waqfs and waqf...

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

Gursimran Kaur Bakshi

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