The Supreme Court on Tuesday heard over 70 petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. A bench headed by Chief Justice of India Sanjiv Khanna, along with Justices Sanjay Kumar and KV Viswanathan, took up the matter, with arguments centering around the law’s impact on religious freedoms and property rights.
During the hearing, CJI Khanna remarked that Article 26 of the Constitution — which grants freedom to manage religious affairs — is secular in nature and applies to all communities, regardless of religion. His comment came in response to Senior Advocate Kapil Sibal, who argued that the amended law infringes upon religious practices protected under Articles 25 and 26.
Sibal contended that the amendment interferes with Islamic inheritance principles. “Inheritance in Islam happens after death. Now they’re interfering even before that,” he said. “Who is the state to tell us how inheritance works in our religion?”
A key focus was Section 3(C) of the amendment, which allows government property to be declared as waqf land. Sibal questioned the lack of a defined time limit for such declarations and criticized the appointment of government officers to oversee them, calling it “per se unconstitutional.”
Solicitor General Tushar Mehta, representing the Centre, defended the legislation, noting it was reviewed by a Joint Parliamentary Committee which held 38 sittings, traveled across cities, and received lakhs of suggestions before the bill was passed in both Houses.
Senior advocates Rajeev Dhawan and Abhishek Manu Singhvi also appeared for the petitioners and urged the court to stay the implementation of the Act, arguing it infringes upon Muslims’ right to religious charity, a core tenet of Islam.
CJI Khanna recalled a past experience at the Delhi High Court, where a case involved land claimed as waqf. “Don’t misunderstand us. We’re not saying all Waqf by user is wrongly registered,” he said, adding the issue is nuanced and needs careful legal examination.
The court also said it may consider assigning the case to a single High Court to ensure a detailed judgment before proceeding further.
A host of political leaders and civil organisations have joined the challenge against the law. Petitioners include AIMIM MP Asaduddin Owaisi, Congress MP Md Jawed, RJD MP Manoj Kumar Jha, and TMC MP Mahua Moitra, along with bodies like the All India Muslim Personal Law Board, Jamiat Ulema-i-Hind, and DMK.
Other challengers include the Indian Union Muslim League, YSR Congress Party, Samastha Kerala Jamiatul Ulema, Delhi MLA Amanatullah Khan, SP MP Zia Ur Rehman, Imam of Jama Masjid Bengaluru, the CPI, the Association for Protection of Civil Rights, and TVK President and actor Vijay.
In contrast, states such as Rajasthan, Gujarat, Haryana, Maharashtra, Assam, Uttarakhand, and Chhattisgarh have submitted applications supporting the Act. The Central Government has also filed a caveat in the matter.