CJI-led bench to hear crucial pleas against new Waqf Act today

A three-judge bench of the Supreme Court led by Chief Justice of India Sanjiv Khanna will on April 16 hear a significant batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.

The bench, which also includes Justices KV Viswanathan and PV Sanjay Kumar, is scheduled to take up the matter at 2 pm, according to an official notification from the apex court.

At the heart of the legal challenge are claims that waqfs — the endowments, management, and administration related to Islamic charitable trusts—constitute an essential religious practice protected under the Constitution. The petitioners argue that the amended Act infringes on a spectrum of fundamental rights including Articles 14, 15, 21, 25, 26, 29, 30, and 300A, which guarantee equality, religious freedom, minority rights, and protection of property.

The wave of nearly 65 petitions is led by prominent political and religious figures including AIMIM MP Asaduddin Owaisi, TMC MP Mahua Moitra, RJD’s Manoj Kumar Jha, SP’s Zia Ur Rehman, Congress leaders Imran Masood and Mohammad Jawed, and former MP Udit Raj. Religious institutions like Darul Uloom Deoband, represented by Maulana Mahmood Asad Madani, and parties such as YSR Congress and the CPI have also joined the legal battle.

Legal heavyweights and political crossfire

Advocate Nizam Pasha is representing Owaisi, the lead petitioner. Senior advocates Kapil Sibal, Abhishek Manu Singhvi, Rajeev Dhawan, and Shoeb Alam are also expected to make arguments against the contested law, which they claim undermines the religious and constitutional autonomy of the Muslim community.

On the other side, six BJP-ruled states — Haryana, Maharashtra, Madhya Pradesh, Assam, Rajasthan, and Chhattisgarh — have filed affidavits supporting the amendments. Madhya Pradesh, in its defense, described the law as a “legally sound, technologically driven, and streamlined framework” for the efficient management of waqf properties.

Assam raised concerns over Section 3E, which bars the declaration of waqf lands in Scheduled or Tribal Areas under the Fifth and Sixth Schedules of the Constitution—an issue the state says will directly affect it.

New contentious clauses under fire

Among the most debated provisions is Section 3(r), which grants continued legal recognition to "waqf by user" properties registered before the 2025 amendment, unless the property is disputed or belongs to the government. A separate petition by advocates Hari Shankar Jain and Mani Munjal argues that this clause potentially allows encroachment by waqf claims on properties historically used by Muslims, leaving non-Muslims without legal recourse.

Adding to the mounting scrutiny, a fresh plea filed on April 14 by Daya Singh, President of Gurudwara Singh Sabha, Gurgaon, challenges the Act’s exclusion of non-Muslims from establishing waqfs. Singh contends that this restriction violates the Sikh tradition of inclusive charity and undermines his constitutional right to make religious endowments across faiths.