By The Sampadak Express
The Supreme Court will hear petitions challenging the constitutionality of the Waqf (Amendment) Act, 2025 on April 16, 2025. The case is set to be heard by a bench led by Chief Justice of India, Sanjiv Khanna.
The Centre has filed a caveat in the Supreme Court to ensure that no order is passed without hearing its side first. A government notification earlier this week confirmed that the Waqf (Amendment) Act, 2025 has already come into effect. According to the Ministry of Minority Affairs, the provisions of the Act were brought into force on April 8, 2025.
Background and Petitions
Over 10 petitions, including those from political leaders, the All India Muslim Personal Law Board (AIMPLB), and Jamiat Ulama-i-Hind, have been filed in the Supreme Court challenging the validity of the new law. The petitioners argue that the amendments impose “arbitrary restrictions” on the management of Waqf properties, undermining the religious autonomy of the Muslim community.
Concerns Raised by Petitioners
The petitioners contend that the 2025 amendments violate property rights protected under Article 300A of the Constitution. They claim the Act increases state control over Waqf assets, restricts individuals’ ability to dedicate property for religious purposes, and subjects Waqf properties to heightened scrutiny. These provisions, the petitioners argue, contradict the Supreme Court’s previous ruling that transferring control of religious properties to secular authorities infringes upon religious and property rights.
Furthermore, the petitioners assert that the law discriminates against Muslims by imposing restrictions not found in the governance of other religious endowments. They argue that the Act violates Article 14, which guarantees the right to equality, a basic feature of the Constitution.
As the case approaches, all eyes will be on the Supreme Court’s deliberations on the constitutionality of the Waqf (Amendment) Act, 2025 and its implications on religious and property rights in India.
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