DMK moves SC challenging Waqf (Amendment) Act, 2025

IANS April 7, 2025 242 views

The DMK has filed a significant petition in the Supreme Court challenging the Waqf (Amendment) Act of 2025. The party argues that the legislation potentially undermines the rights of Muslim minorities across India. Multiple political parties, including Congress and AIMIM, have also moved the top court challenging the bill's constitutional validity. The government maintains that the legislation will benefit poor Muslims and operates under the principle of inclusive development.

"I will get the (urgent mentioning) letter and do the needful this afternoon" - CJI Sanjiv Khanna
New Delhi, Apr 7: Tamil Nadu's ruling DMK on Monday filed a petition before the Supreme Court challenging the constitutional validity of the Waqf (Amendment) Act, 2025.

Key Points

1

DMK questions constitutional validity of Waqf Amendment Act

2

Alleges legislation prejudices rights of 50 lakh Tamil Nadu Muslims

3

Multiple parties challenge bill's constitutional legitimacy

4

Concerns raised about minority rights and religious freedoms

The writ petition has been filed through its Deputy General Secretary and MP A. Raja, a part of the Joint Parliamentary Committee on the Waqf Bill, questioning the amendments introduced in the Waqf Act, 1995.

The DMK-led Tamil Nadu government, on March 27, had passed a resolution in the Assembly urging the Union government to withdraw the Waqf (Amendment) Bill, 2025, as it adversely affected the rights and interests of the Muslim minority community. The party said that the legislation was passed by the Union government without proper consideration of the objections raised by the members of the Joint Parliamentary Committee and the other stakeholders, prejudicing the rights of about 50 lakh Muslims in Tamil Nadu and 20 crore Muslims in the other parts of the country.

Earlier in the day, Chief Justice of India (CJI) Sanjiv Khanna was urged to ensure urgent listing of the pleas challenging the constitutional validity of the Waqf (Amendment) Act, 2025.

CJI Khanna had assured senior advocate Kapil Sibal that the matter would be listed for urgent hearing.

"I will get the (urgent mentioning) letter and do the needful this afternoon," the CJI told Sibal.

After the legislation was passed in both Houses of Parliament on Friday, the Congress announced it will challenge the Waqf (Amendment) Bill before the Supreme Court, claiming that it was an attack on the basic structure of the Constitution and was aimed at “polarising” and "dividing" the country on the basis of religion.

The government said that crores of poor Muslims will benefit from this legislation, and in no way does it harm any single Muslim. Minority Affairs Minister Kiren Rijiju has said the legislation did not interfere with the Waqf properties, adding that the Modi government works with the vision of 'Sabka Saath and Sabka Vikas'.

In his petition in the apex court, Congress MP and party whip in Lok Sabha Mohammad Jawed contended that the amendments violated Articles 14 (right to equality), 25 (freedom to practice and propagate religion), 26 (freedom of religious denominations to manage their religious affairs), 29 (minority rights), and 300A (right to property) of the Constitution.

Similarly, All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi has moved the top court, saying that the impugned amendments are "ex facie violative of Articles 14, 15, 21, 25, 26, 29, 30, 300A of the Constitution of India and manifestly arbitrary".

Several others, including the Association for Protection of Civil Rights, AAP leader Amanatullah Khan, Maulana Arshad Madani of Jamiat Ulema-i-Hind, All India Muslim Personal Law Board (AIMPLB), Social Democratic Party of India (SDPI), Indian Union Muslim League, Taiyyab Khan Salmani and Anjum Kadari, have filed the petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.

The concept of ‘Waqf’, rooted in Islamic laws and traditions, refers to an endowment made by a Muslim for charitable or religious purposes, such as mosques, schools, hospitals, or other public institutions.

Reader Comments

R
Rahul K.
Interesting move by DMK. The Waqf Act amendments seem to be causing quite a stir across parties. Hope SC gives this proper consideration before making any decisions. 🤔
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Shazia M.
As a Muslim, I appreciate DMK standing up for minority rights. The government should have consulted community leaders before pushing through these changes. 🙏
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Priya N.
While I support reforms, the process matters too. If multiple parties and communities are raising concerns, maybe the amendments need more discussion?
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Arjun T.
Respectfully disagree with DMK here. The amendments seem beneficial for Muslim welfare programs. Sometimes opposition parties oppose just for the sake of it.
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Fatima R.
This is about more than just politics - it's about protecting our religious institutions. Glad to see so many organizations coming together to challenge this. 💪
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Vikram S.
The legal arguments seem strong - multiple constitutional articles being challenged. Will be interesting to see how SC interprets this. The CJI's urgency is promising.

We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.

Tags:
DMK A Raja Waqf Amendment Act Supreme Court Minority Rights Tamil Nadu Constitutional Challenge Muslim Community
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