Congress MP Challenges Waqf (Amendment) Bill, 2025 in Top Court

Congress MP Challenges Waqf (Amendment) Bill, 2025 in Top Court

Just a few hours after Parliament passed the Waqf (Amendment) Bill, 2025, Congress MP Mohammad Jawed filed a petition in the Supreme Court against it. The Bill changes parts of the Waqf Act, 1995, but it hasn't become law yet — it still needs the President’s approval.

Jawed says the Bill violates several Constitutional rights, like equality, religious freedom, minority rights, and property rights.

Unequal Treatment: The petition says the Bill puts stricter rules on Muslim Waqf properties, while Hindu and Sikh trusts can manage their own affairs more freely. This, it argues, is unfair and goes against Article 14 (right to equality).

Five-Year Rule: The Bill says someone must be a practicing Muslim for at least 5 years to create a Waqf. Jawed says this is not part of Islamic tradition and unfairly excludes new converts, violating religious freedom.

Removal of 'Waqf-by-User': Earlier, if a place was used by the public for religious purposes for a long time, it could be declared Waqf. This rule has been removed, which, according to Jawed, goes against court rulings and harms the community's religious rights.

Non-Muslims on Waqf Boards: The Bill allows non-Muslims to be members of Waqf boards. Jawed says this interferes with religious matters, as other religious trusts are only managed by people of the same faith.

More Power to Government: The Bill gives District Collectors the power to decide on Waqf properties instead of Waqf Boards. Jawed argues this reduces the Muslim community’s control over its religious properties and violates their rights.

He also refers to a 1954 Supreme Court ruling (Ratilal Panachand Gandhi v. State of Bombay), which said religious groups have the right to manage their own property without too much government interference.

The Rajya Sabha passed the Bill around 2:30 AM after over 14 hours of debate. The Lok Sabha had passed it the day before, also during late-night discussions.

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