Waqf Amendment Act Faces Legal Test in Supreme Court, 73 Petitions to Be Heard Today
The Supreme Court will on Wednesday will be hearings on 73 petitions challenging the constitutional validity of the Waqf (Amendment) Act. A three-judge bench led by Chief Justice of India Sanjiv Khanna, along with Justices Sanjay Kumar and KV Viswanathan, will begin proceedings at 2 pm.
The petitions represent a wide spectrum of political and religious voices, with concerns ranging from alleged discrimination to property rights violations. Some petitioners have requested an interim stay on the implementation of the Act.
Among the prominent petitioners are leaders from Congress, Trinamool Congress, CPI, YSRCP, AAP, AIMIM, Samajwadi Party, RJD, JD(U), and IUML. Notable individuals include Hyderabad MP Asaduddin Owaisi, AAP MLA Amanatullah Khan, Trinamool’s Mahua Moitra, and Congress MP Mohammad Jawed.
Several Islamic organisations, including the Samastha Kerala Jamiathul Ulema, All India Muslim Personal Law Board, and Jamiat Ulama-i-Hind, have also approached the court.
Petitioners argue that the law violates fundamental rights, particularly those concerning religion and equality, and could facilitate wrongful property claims.
Seven states have filed petitions in support of the Act, calling it constitutionally sound and crucial for better governance of Waqf properties. The Central Government has also filed a caveat, requesting the court not to pass any orders without hearing its side.
A government source said, “The amendment aims to bring transparency and accountability in the functioning of Waqf boards and to prevent misuse of public property.”
Two Hindu petitioners, including advocate Hari Shankar Jain and Noida resident Parul Khera, have filed pleas against both the original 1995 Act and its amendments. Jain argued that the Act has allegedly been used to “illegally capture” government and Hindu religious lands.
Their petitions call for a review of the law’s provisions that grant significant control over public properties to Waqf boards, which they claim is unconstitutional.
The Waqf Amendment Bill was passed by the Lok Sabha with 288 votes in favour and 232 against, and cleared the Rajya Sabha with a 128–95 majority. It received the President’s assent on April 5, officially becoming law.
The government contends that the changes are administrative and necessary to improve Waqf property management. However, opposition parties view it as an overreach into religious matters.
Legal experts say today’s hearing could set the tone for a significant constitutional debate. If admitted, the case may be referred to a larger constitutional bench for detailed scrutiny.
