Asaduddin Owaisi Moves Supreme Court Against Waqf Act Amendments

Through the petition, Owaisi said that 'waqfs' in relation to their constitution, administration, and management, being a part of the practice of Islam, are worthy of protection under several provisions of the Constitution of India.

All India Majlis-e-Ittehadul Muslimeen (AIMIM) leader Akbaruddin Owaisi has approached the Supreme Court seeking a declaration of the constitutional invalidity of the Waqf (Amendment) Bill, 2025.

Through the petition, Owaisi said that 'waqfs' in relation to their constitution, administration, and management, being a part of the practice of Islam, are worthy of protection under several provisions of the Constitution of India.

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The petition, filed by advocate Lzafeer Ahmad B.F. noted that "The impugned amendments to the Waqf Act, 1995 are ex facie violative of Articles 14, 15, 21, 25, 26, 29, 30, 300A of the Constitution of India and are manifestly arbitrary."

It noted further that amendment withdraws several protections from the waqfs, which had been given equally to waqfs and religious and charitable Hindu, Jain and Sikh endowments.

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Congress MP and Lok Sabha party whip Mohammad Jawed also filed a similar petition in the Supreme Court challenging the Waqf (Amendment) Bill, 2025 provisions. Mohammad Jawed, the Bihar's Kishanganj MP and member of the Joint Parliamentary Committee on the Waqf (Amendment) Bill, argued that the bill contravenes Articles 14 (right to equality), 25 (liberty to practice and propagate religion), 26 (liberty of religious denominations to manage their religious affairs), 29 (minority rights) and 300A (right to property) of the Constitution.

Owaisi, on Wednesday, had referred to Mahatma Gandhi's protest against discriminatory South African laws as he tore a copy of the legislation in the Lok Sabha, saying: "Like Gandhi, I am also tearing up this law."

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The AIMIM chief averred that the Lok Sabha's approval of the Waqf (Amendment) Bill, 2025, will be etched in history as a 'Black Day' and the proposed legislation is unconstitutional.

The controversial Waqf (Amendment) Bill, 2025, was cleared by the Parliament after it was ratified by the Rajya Sabha at dawn on Friday. The Lok Sabha had cleared the Bill late on Thursday evening after almost 12 hours of debate, with 288 and 232 supporting and opposing votes respectively.

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After being passed in both houses of Parliament, the proposed legislation will now be sent for the President's assent before it becomes a law amending the 1995 law governing Waqf properties. The NDA government, which is projecting the Waqf Amendment Bill as one of the milestone decisions in the first year of Modi 3.0, is expected to notify it for implementation, soon after getting the President’s nod.

The term 'Waqf', based on Islamic laws and traditions, is an endowment given by a Muslim to charitable or religious causes, such as mosques, educational institutions, hospitals, or other public entities.

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Read also| Congress to Contest Waqf (Amendment) Bill in Supreme Court

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