The Supreme Court will on Wednesday, April 16, hear a series of petitions questioning the constitutional validity of several provisions of the Waqf (Amendment) Act. A bench headed by Chief Justice of India Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan will hear approximately ten pleas challenging the amendments to the Waqf Act.
Politicians, Civil Rights Organizations Among Petitioners
The petitioners also include some of the most prominent political and social figures like AIMIM president and Lok Sabha MP Asaduddin Owaisi, AAP MLA Amanatullah Khan, and civil rights groups including the Association for Protection of Civil Rights (APCR). Religious leaders and institutions like Maulana Arshad Madani, the Samastha Kerala Jamiathul Ulema, and Anjum Kadri have also gone to the top court.
They contend that the amended law violates basic rights and transforms the conventional religious nature of waqf properties. “The amendments dismantle the very core of waqf jurisprudence in India,” said Maulana Arshad Madani in his plea, further stating that the changes seek to redefine society’s religious role for the institution.
Petitions Highlight Constitutional Concerns
The challenges to Waqf (Amendment) Act are founded on alleged contraventions of a number of constitutional provisions. These are Article 14 (equality right), Article 25 (religion freedom), Article 26 (religion affairs management freedom), Article 29 (protection of minority rights), and Article 300-A (right to property).
The amendments deviate from the religious character of waqfs and undermine democratic procedures that are used to manage them, the petitioners say. They contend that the law would have long-term implications for the operation and independence of Muslim charitable endowments nationwide.
In reply, the Centre has registered a caveat with the court praying that it refrain from making any interim order without listening to its side. Meanwhile, a few petitioners have requested the court to postpone the enforcement of the amendments until the legal challenge is disposed of entirely.
Political Opposition to the Amendments Grows
RJD leaders, such as MPs Manoj Jha and Faiyaz Ahmad, have also moved petitions, contending that the law facilitates undue government control over religious institutions. The All India Muslim Personal Law Board (AIMPLB) and the DMK, represented by its deputy general secretary A Raja, have filed separate pleas raising similar concerns.
Therefore, the Supreme Court’s ruling on these petitions will carry far-reaching consequences for the management of waqf properties and, more broadly, for religious liberty in India.
