Petitions challenging whether the Waqf (Amendment) Act, 2025, is fair and legal under the Constitution have been listed for hearing in the Supreme Court on April 16, 2025.

The case is listed before a bench led by Chief Justice of India Sanjiv Khanna. Over 10 petitions have been filed, including those by politicians, the All India Muslim Personal Law Board (AIMPLB), and Jamiat Ulama-i-Hind.

The Centre has already filed a caveat in the Supreme Court. This means that the government has asked the court not to pass any order without hearing its side first.

A notification by the Ministry of Minority Affairs confirmed that the new law is already in effect. It said, “In exercise of the powers conferred by sub-section (2) of Section 1 of the Waqf (Amendment) Act, 2025 (14 of 2025), the Central government hereby appoints the 8th day of April, 2025, as the date on which the provisions of the said Act shall come into force.”

What are the petitions saying?

The petitioners argue that the law is unfair and goes against the religious rights of the Muslim community. They say that the changes made in the 2025 amendments put “arbitrary restrictions on Waqf properties and their management, thereby undermining the religious autonomy of the Muslim community.”

They also argue that the law violates Article 300A of the Constitution, which protects property rights. According to them, “By expanding state control over Waqf assets, limiting the ability of individuals to dedicate property for religious purposes, and subjecting Waqf properties to heightened scrutiny, the Act goes against the Supreme Court’s judgement that transferring control of religious property to secular authorities is an infringement of religious and property rights.”

Claims of unequal treatment

The petitioners further claim that the law discriminates against Muslims. They said the restrictions imposed are not applied to other religious trusts or endowments. As a result, they argue, the act violates Article 14 — the right to equality — which is a basic feature of the Constitution.

 

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