CJI-led SC bench set to hear 73 pleas against Waqf Act today. Asaduddin Owaisi, Congress, TMC among petitioners

The Supreme Court of India is set to examine 73 petitions on Wednesday challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The petitions, which include challenges to the original Waqf Act of 1995 and its amendments, argue that the legislation violates fundamental rights and discriminates against Muslims.

The hearing will take place before a three-judge bench led by Chief Justice Sanjiv Khanna. The petitions come amid widespread protests and claims of governmental overreach in Waqf property management.

Among the petitioners are leaders from multiple political parties and religious organisations, arguing that the amendments dismantle the democratic structure of Waqf Boards by eliminating elections and allowing non-Muslim appointments.

Critics assert that this constitutes an infringement on the Muslim community's rights to self-governance. The Act is viewed by some as paving the way for governmental control over Waqf properties, raising concerns about the potential loss of properties lacking documentation.

The government, however, maintains that the Act enhances transparency in Waqf management. It was passed through Parliament with notable debates and received assent from President Droupadi Murmu on April 5, 2025.

Seven states have approached the Supreme Court in support of the Act, arguing for its constitutional soundness and necessity for efficient Waqf asset management. The Central Government has also filed a caveat, ensuring its arguments are heard before any decisions.

Petitioners argue that the amendments to the Waqf Act allow undue executive interference, undermining the rights of minorities to manage their charitable institutions. The Act allegedly facilitates large-scale government intrusion into religious endowments, potentially affecting longstanding Waqf properties. Concerns also include the retrospective extinguishing of Waqf status for certain properties.

The challenge to the Act is supported by a diverse group of politicians and religious leaders, including Asaduddin Owaisi and members from Congress, Trinamool Congress, and other parties. Religious organisations such as the All India Muslim Personal Law Board and Jamiat Ulama-i-Hind are also prominent petitioners. The court's decision will have significant implications for the management and ownership of Waqf properties across the country.

The amendments have been criticised for altering the definition of Waqf and diminishing statutory protections. They are seen as providing an undue advantage to other stakeholders, threatening the autonomy of Muslim communities in managing their properties.