Daijiworld Media Network – New Delhi
New Delhi, Apr 12: The National Conference (NC), the ruling party in Jammu and Kashmir, has filed a petition before the Supreme Court challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The plea, submitted by several party MLAs including Arjun Singh Raju and Hilal Akbar Lone, argues that the controversial law violates the fundamental rights of minorities and the equality provisions guaranteed under the Indian Constitution.
A bench consisting of Chief Justice of India (CJI) Sanjeev Khanna, Justices Sanjay Kumar, and K V Viswanathan is set to hear the matter on April 16, as indicated by the cause list published on the Supreme Court's website. The petition challenges the amendments to the Waqf Act and its potential constitutional implications.
The Waqf Act, originally enacted in 1995, governs the management of Waqf properties in India. The amendments introduced in 2025 have stirred significant controversy, with critics claiming that it undermines constitutional provisions related to equality and religious freedom.
In contrast, Hindu Sena has filed an intervention application in the Supreme Court, expressing support for the Waqf (Amendment) Act. The application asserts that the law does not violate any rights of the Muslim community, and instead, it rectifies the unjust situation where non-Muslim properties were previously seized by the Waqf Board under the unamended provisions of the 1995 Act. Hindu Sena's submission suggests that the new amendments would provide justice to non-Muslims whose properties were allegedly taken over as Waqf properties.
The Congress party has also expressed strong opposition to the Act, announcing its intention to challenge it in the Supreme Court. Congress claims that the amendments attack the basic structure of the Constitution and serve to "polarize" and "divide" the country along religious lines.
The government, however, has defended the amendments, asserting that they will benefit poor Muslims without harming any individual member of the community. Kiren Rijiju, the minority affairs minister, emphasized that the legislation does not interfere with Waqf properties but instead aims to ensure the welfare of the Muslim community, in line with the Prime Minister Narendra Modi-led government's vision of "Sabka Saath, Sabka Vikas."
Several other political and religious leaders, including Asaduddin Owaisi of AIMIM, Maulana Arshad Madani of Jamiat Ulema-i-Hind, and the All India Muslim Personal Law Board (AIMPLB), have also filed petitions challenging the Act, citing concerns over its constitutional validity.
The Waqf concept, deeply rooted in Islamic tradition, involves endowments made by Muslims for charitable or religious purposes, such as the establishment of mosques, schools, hospitals, and other public institutions. The recent amendments to the Waqf Act have sparked significant debate, with stakeholders divided over the implications of the legislation for religious freedoms and property rights.