Plea in SC challenges constitutional validity of Waqf (Amendment) Bill

IANS April 4, 2025 241 views

A significant legal challenge has emerged against the Waqf (Amendment) Bill recently passed by Parliament. Congress MP Mohammad Jawed has filed a Supreme Court petition questioning the bill's constitutional validity on multiple grounds. The legislation, which the NDA government considers a milestone, is being contested for potentially violating constitutional articles related to equality, religious freedom, and minority rights. The government maintains the bill will benefit poor Muslims and represents an inclusive approach to governance.

"The legislation is an attack on the basic structure of the Constitution" - Jairam Ramesh, Congress Leader
New Delhi, April 4: A plea has been filed by Congress MP and party whip in Lok Sabha Mohammad Jawed before the Supreme Court challenging the constitutional validity of provisions of the Waqf (Amendment) Bill, 2025.

Key Points

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Congress challenges Waqf Bill's constitutional validity in Supreme Court

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Bill passed with 288 votes in Lok Sabha

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Allegations of religious polarization raised by opposition

Mohammad Jawed, the MP from Bihar's Kishanganj and member of the Joint Parliamentary Committee on the Waqf (Amendment) Bill, contended that the proposed legislation violates 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.

The Parliament passed the contentious Waqf (Amendment) Bill, 2025, after it was approved by the Rajya Sabha early on Friday. The Lok Sabha approved the Bill early on Thursday, after nearly 12 hours of debate, with 288 votes in favour and 232 against.

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 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.

Earlier in the day, Congress Rajya Sabha member and General Secretary in charge of party communications, Jairam Ramesh, in a post on X, announced that the party will challenge the Waqf (Amendment) Bill in the top court. The Congress had vehemently opposed the Bill in both Houses of Parliament. The party has claimed 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 has, however, 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 said the legislation does not interfere with the Waqf properties, adding that the Modi government works with the vision of 'Sabka Saath and Sabka Vikas'.

Reader Comments

R
Rahul K.
This seems like an important constitutional challenge. The Waqf properties have been managed by Muslim communities for centuries - any changes should be made carefully and with proper consultation. Hope the SC gives this case the attention it deserves.
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Priya M.
The government claims it will help poor Muslims, but why is there so much opposition then? 🤔 Maybe they should have done more outreach to explain the bill's benefits before pushing it through.
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Amit S.
Respectfully disagree with the Congress position here. The bill passed with majority support after proper debate. Constant legal challenges to every government decision just creates unnecessary delays in governance.
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Sana F.
As a Muslim, I'm concerned about any changes to Waqf laws. These properties fund so many community services! The government should release more details about how exactly this will benefit us. The lack of transparency is worrying 😟
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Vikram J.
The 12-hour debate shows Parliament did its job. Now let's see what the Supreme Court says. This is democracy working as it should - checks and balances from all sides.
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Neha P.
I wish politicians would stop framing everything as "attack on Constitution" or "polarization". Can't we have a rational discussion about property laws without making it about religion vs religion?

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

Tags:
Waqf Amendment Bill Mohammad Jawed Supreme Court Constitutional Challenge Narendra Modi Congress Party
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