A new petition has been moved in the Supreme Court questioning the constitutional validity of the Waqf (Amendment) Act, 2025, stating that it is a “blatant intrusion” into the religious denominations’ right to regulate their own affairs.
President Droupadi Murmu has recently signed the Waqf (Amendment) Bill, 2025, which was approved by Parliament in the midst of heated debates in both Houses. This new petition is presented by the Samastha Kerala Jamiathul Ulema, a prominent organization of Sunni Muslim scholars and clerics in Kerala.
The plea, submitted by advocate Zulfiker Ali P S, argues that the amendments have the potential to change the religious character of Waqfs and even destroy the democratic process under which they are governed. It argues that the Act infringes on the rights of religious denominations as enshrined in Article 26 of the Indian Constitution.
Critics of the 2025 Act say that it is in violation of federal principles because it concentrates power in the Central government and deprives state governments and State Waqf Boards of the power to manage Waqfs. The petition warns that this concentration of power could ultimately harm Waqfs and seriously prejudice the Muslim community, potentially leaving them with little Waqf properties.
Other petitions challenging the bill have been submitted by other political persons, such as Congress MP Mohammad Jawed, AIMIM president Asaduddin Owaisi, AAP MLA Amanatullah Khan, and the NGO Association for the Protection of Civil Rights.
Jawed’s petition raises arbitrary restrictions on Waqf properties, undermining the religious supremacy of the Muslim community. Owaisi’s petition argues the bill is diminishing security for Waqfs but still guarantees protection to religious endowments of other communities, being discriminatory against Muslims.
It was approved in the Rajya Sabha by 128 votes for and 95 against, and in the Lok Sabha by 288 for and 232 against. The recent legal challenges reflect across-the-board concern about the implications of amendments to Waqf governance and religious liberty in India.
