Key Highlights:
The All India Muslim Personal Law Board (AIMPLB) on Thursday strongly objected to the recently passed Waqf (Amendment) Act, 2025, arguing that key provisions violate the fundamental rights enshrined in the Indian Constitution.
AIMPLB member Maulana Khalid Rasheed Farangi Mahali stated that several clauses of the amended Act infringe upon Articles 14 (Equality), 15 (Non-Discrimination), 25 (Freedom of Religion) and 26 (Freedom to Manage Religious Affairs).
“Our only concern is that many provisions of the amendments are against many articles of our Constitution… We expect the court will hear us in detail and give a judgment according to the Constitution,” said Mahali.
Supreme Court Takes Note, Centre Offers Assurances
During the hearing, Solicitor General Tushar Mehta, appearing for the Central Government, assured the Supreme Court that certain key provisions would not be implemented until further directions. These include:
- Inclusion of non-Muslims in the Central Waqf Council and Waqf Boards
- Provisions for de-notifying Waqf properties, including Waqf-by-user
- Suspension of appointments to Waqf institutions
The bench, led by Chief Justice of India Sanjiv Khanna, along with Justices PV Sanjay Kumar and KV Viswanathan, recorded these assurances. The Centre was also granted one week to submit its official response to the batch of petitions, while petitioners will have five additional days to file rejoinders.
The next hearing is scheduled for the week commencing May 5, limited to directions and interim orders.
Religious Freedom and Property Rights Under Scrutiny
Highlighting the centrality of Waqf properties to Islamic religious practice, AIMPLB emphasised:
“Waqf properties are an essential part of our religion, and we should be given complete freedom to manage them.”
The Supreme Court had earlier observed that the amended law could affect even those Waqf properties that are not formally documented, such as Waqf-by-user assets — a category that represents a significant share of religious land holdings in India.
Widespread Legal Challenge from Muslim Groups
Multiple petitions have been filed before the apex court challenging the constitutional validity of the Waqf (Amendment) Act, 2025. Petitioners include:
- All India Majlis-e-Ittehadul Muslimeen (AIMIM)
- All India Muslim Personal Law Board (AIMPLB)
- Individual MPs, civil rights advocates, and religious scholars
The petitioners argue that the amendments are discriminatory towards the Muslim community, undermine autonomy of religious affairs, and represent an attempt to dilute the essence of religious freedom protected by the Constitution.
Political and Legal Counterbalance
On the other hand, the Centre has received backing from several BJP-ruled states like Rajasthan, Haryana, Madhya Pradesh, Maharashtra, Chhattisgarh, Uttarakhand, and Assam, which have filed impleadment applications supporting the amended law.
Additionally, several advocates and organisations, including those championing tribal and Hindu rights, have supported the amendments as necessary reforms.
Key Controversial Provisions of the Waqf Amendment Act 2025
The following changes have triggered sharp backlash:
- Inclusion of non-Muslims in Waqf boards, potentially undermining religious self-governance.
- Collector’s authority to adjudicate Waqf property disputes.
- De-notification of Waqf properties, raising concerns over land protection.
- Ambiguity surrounding Waqf-by-user recognition and documentation.
These amendments were passed in Parliament after intense debate, with President Droupadi Murmu granting assent on April 5, 2025.
What This Means for You
If the Supreme Court finds the Waqf (Amendment) Act unconstitutional:
- It could reaffirm the autonomy of religious communities to manage their properties.
- A legal precedent may be established on the limits of legislative intrusion into minority religious affairs.
- The case could shape future debates on secularism, religious freedom, and minority rights in India.
How to Take Action
- Follow court proceedings: Updates from the May 5 hearing will be crucial.
- Engage with legal experts: Understand how these laws impact community rights.
- Participate in public discourse: Civil society forums, legal webinars, and academic debates offer platforms to share informed opinions.
- Read the Act: Familiarise yourself with the actual amendments and their implications.
Who Will Be Affected
- Waqf boards across India managing thousands of properties.
- Muslim communities, especially those relying on Waqf-supported services like education and healthcare.
- Legal and constitutional scholars examining the evolving relationship between religious freedom and state authority.
- State governments and local administrations that regulate or manage religious assets.
Waqf Amendment Act Faces Legal, Social, and Political Test
The Waqf Amendment Act, 2025 has sparked one of the most significant legal debates around religious property rights and constitutional freedoms in recent years.
While the Centre has paused implementation of contentious provisions, the Supreme Court’s final verdict expected later this year will determine the future course of Waqf governance in India.
Until then, the May 5 hearing will set the tone for interim reliefs and legal directions in this highly sensitive matter.
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