AAP MLA Amanatullah Khan moves to Supreme Court challenging Waqf (Amendment) Bill 2025

The Bill passed in both Lok Sabha and Rajya Sabha now awaits President Droupadi Murmu's assent to become an Act. After two days of heated debate in both houses of Parliament, the Waqf Amendment Bill 2025 was passed.

AAP MLA Khan contends that the Bill curtails the religious and cultural autonomy of Muslims, enables arbitrary executive interference, and undermines minority rights to manage their religious and charitable institutions.

According to the petition, the amendments affect core aspects of waqf law, including the definition, creation, registration, governance, dispute resolution, and alienation of waqf properties.

Although the Bill has not yet received Presidential assent, its provisions have triggered widespread anxiety among Muslims, particularly due to changes that dilute the religious autonomy and constitutional protections of waqf institutions.

The Association for Protection of Civil Rights, an NGO, has also filed a petition in the Supreme Court opposing the Bill.

In total, four challenges have been filed so far by various individuals and organisations.

On Friday, All India Majlis-e-Ittehadul Muslimeen (AIMIM) Member of Parliament Asaduddin Owaisi approached the Supreme Court challenging the Bill.

In his plea, Owaisi stated that the amended Bill "irreversibly dilute" the statutory protections previously afforded to waqf properties and their regulatory framework while conferring undue advantage to other stakeholders and interest groups, undermining years of progress and setting back Waqf management by several decades.

"Amendment Bill also takes away from Waqfs various protections which were accorded to Waqfs and Hindu, Jain, and Sikh religious and charitable endowments alike. This diminishing of the protection given to Waqfs while retaining them for religious and charitable endowments of other religions constitutes hostile discrimination against Muslims and violates Articles 14 and 15 of the Constitution, which prohibit discrimination on the grounds of religion," the plea stated.

It added that the amendments are also repugnant to the doctrine of non-retrogression of rights, which is firmly entrenched in our constitutional jurisprudence.

"These amendments diminish community representation and increase susceptibility to external and executive interference, further eroding the democratic functioning of these Boards and undermining the self-governing rights of Muslims over their Waqf properties," Owaisi's petition further stated.

In the early hours of Friday, the Rajya Sabha passed the Waqf Amendment Bill 2025 after a heated debate, with 128 voting in favour and 95 against.

The Waqf (Amendment) Bill was discussed in the Lok Sabha on Wednesday. After a marathon debate, it was passed past midnight, with 288 votes in favour.

The Bill aims to overcome the shortcomings of the previous act and enhance the efficiency of Waqf boards, improving the registration process and increasing the role of technology in managing waqf records. (ANI)