Supreme Court Hears Challenge to Waqf Amendment Act, 2025

The Supreme Court is currently hearing a petition challenging the constitutionality of the Waqf Amendment Act, 2025, The Times of India reported. Senior advocate Kapil Sibal, representing the Muslim side, argued that the Act discriminates against Muslims by requiring a waqif to be a practicing Muslim for five years to donate property for waqf purposes. He contended that the law enables the government to nominate non-Muslims to waqf management bodies, undermining Muslim control over their religious institutions.

The petitioners also raised concerns that the Act excludes ancient monuments such as the Taj Mahal and Jama Masjid from waqf protections, violating the Places of Worship Act, 1991, and the Supreme Court’s 2019 Ayodhya judgment. Additionally, the law permits government officers to decide waqf land disputes without judicial oversight, which critics say breaches principles of fairness and due process.

The petition asserts that the Act violates Articles 15, 25, and 26 of the Constitution, which guarantee religious freedom and prohibit discrimination on religious grounds. The court is yet to decide on a stay of the Act’s operation pending further hearings.