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The recent challenge by Congress MP Mohammed Jawed to the Waqf (Amendment) Bill of 2025 in the Supreme Court marks a significant development in the ongoing debate surrounding the management and autonomy of Waqf properties in India. The swiftness with which the petition was filed, mere hours after the Bill's passage in Parliament, underscores the urgency and depth of the concerns held by the petitioner and, presumably, a significant portion of the Muslim community. The core of Jawed's argument revolves around the assertion that the amended legislation infringes upon the religious autonomy of the Muslim community by imposing arbitrary restrictions on Waqf properties and their management. This claim strikes at the heart of the delicate balance between state regulation and religious freedom, a recurring theme in Indian jurisprudence. The petitioner's invocation of Article 300A, which protects property rights, further strengthens the legal foundation of the challenge. By arguing that the amendments expand state control over Waqf assets and limit the ability of individuals to dedicate property for religious purposes, Jawed aims to demonstrate a violation of fundamental property rights. This argument is further amplified by the reference to a Supreme Court judgment that cautions against transferring control of religious property to secular authorities, emphasizing the potential for infringement of religious and property rights. One of the most compelling aspects of the petition is the allegation of discrimination against Muslims. Jawed contends that the amended law imposes restrictions on Waqf properties that are not applied to other religious endowments, specifically highlighting the comparative autonomy enjoyed by Hindu and Sikh religious trusts. This argument leverages the principle of equality before the law, enshrined in Article 14 of the Constitution, which is considered a Basic Feature and therefore unamendable. By asserting that the amendments disproportionately increase state intervention in Waqf affairs, the petition seeks to establish a violation of this fundamental principle. The challenge also extends to the specific provisions of the Bill, particularly those related to the creation of Waqfs based on the duration of one's religious practice. Jawed argues that such a limitation is unfounded in Islamic law, custom, or precedent and infringes upon the fundamental right to profess and practice religion under Article 25. This argument is particularly sensitive, as it touches upon the core tenets of religious freedom and the ability of individuals to express their faith through charitable contributions. Furthermore, the petitioner highlights the discrimination against recent converts to Islam who wish to dedicate their property for religious or charitable purposes, citing a violation of Article 15, which prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. The omission of the concept of Waqf-by-User, a principle affirmed by the Supreme Court itself, is another key point of contention. Jawed argues that by removing this provision, the proposed law disregards established legal principles and limits the ability of the Waqf Tribunal to recognize properties as Waqf based on historical usage, thereby violating Article 26, which guarantees religious denominations the right to manage their own affairs. This argument underscores the importance of respecting established legal precedents and preserving the historical and cultural significance of Waqf properties. The petition also raises concerns about the composition of the Waqf Board and the Central Waqf Council, particularly the mandated inclusion of non-Muslim members in Waqf administrative bodies. Jawed argues that this constitutes an unwarranted interference in religious governance, drawing a contrast with Hindu religious endowments, which remain exclusively managed by Hindus under various State enactments. This argument touches upon the sensitive issue of religious representation and the potential for conflict of interest when individuals from different faiths are involved in the administration of religious institutions. Finally, the petition emphasizes the enhanced role of state authorities in Waqf administration, arguing that it impinges on the right of the Muslim community to manage its own institutions. The Act shifts key administrative functions, such as the power to determine the nature of Waqf properties, from the Waqf Board to the District Collector, raising concerns about the dilution of Waqf autonomy and the potential for government overreach. The modification of the dispute resolution process, particularly the reduction in representation of individuals with expertise in Islamic law in Waqf Tribunals, further exacerbates these concerns. The legal challenge to the Waqf (Amendment) Bill of 2025 is a complex and multifaceted issue with significant implications for the Muslim community in India. The Supreme Court's decision on this matter will undoubtedly have a profound impact on the future of Waqf properties and the relationship between the state and religious institutions. The case highlights the ongoing tension between the need for regulation and the protection of religious freedom, a tension that is likely to continue shaping the legal landscape of India for years to come.
The historical context of Waqf properties is essential to understand the depth of the current legal challenge. Waqf institutions have played a pivotal role in Muslim societies for centuries, serving as vehicles for charitable giving, religious endowments, and community development. In India, Waqf properties have historically supported a wide range of activities, including the maintenance of mosques, schools, hospitals, and other social welfare initiatives. These institutions have not only provided essential services to the Muslim community but have also served as symbols of cultural identity and religious autonomy. Over time, however, the management of Waqf properties has become increasingly complex, with issues of corruption, mismanagement, and encroachment becoming prevalent. This has led to calls for greater regulation and oversight to ensure that Waqf properties are used for their intended purposes and that their benefits reach the intended beneficiaries. The Waqf Act of 1995 was enacted to address these concerns, aiming to streamline the administration of Waqf properties, prevent their misuse, and protect the interests of the Muslim community. However, the Act has been criticized for its shortcomings and for failing to effectively address the challenges facing Waqf institutions. The current amendments to the Waqf Act are intended to address these shortcomings and to strengthen the regulatory framework for Waqf properties. However, the amendments have also sparked controversy, with critics arguing that they go too far in expanding state control over Waqf assets and undermining the autonomy of the Muslim community. The legal challenge to the Waqf (Amendment) Bill of 2025 is therefore a reflection of the deep-seated tensions and competing interests surrounding the management of Waqf properties in India. The case raises fundamental questions about the role of the state in regulating religious institutions, the balance between religious freedom and public interest, and the rights of minority communities to manage their own affairs. The Supreme Court's decision on this matter will have far-reaching consequences for the future of Waqf properties and for the relationship between the state and the Muslim community. It is therefore essential that the Court carefully consider all the arguments presented by both sides and reach a decision that is both just and equitable.
The legal principles involved in the Waqf (Amendment) Bill challenge are deeply rooted in the Indian Constitution and in the jurisprudence of religious freedom. Article 14, which guarantees equality before the law, is a cornerstone of the petitioner's argument. The claim that the amendments disproportionately increase state intervention in Waqf affairs, compared to the treatment of other religious endowments, directly invokes this principle. To succeed, the petitioner must demonstrate that the differential treatment of Waqf properties lacks a rational basis and is therefore discriminatory. Article 25, which guarantees the freedom of conscience and the right to freely profess, practice, and propagate religion, is another key provision at play. The petitioner argues that the restrictions on the creation of Waqfs based on the duration of one's religious practice infringe upon this fundamental right. The Court will need to determine whether these restrictions are essential to public order, morality, or health, as permitted by the Constitution, or whether they unduly interfere with the exercise of religious freedom. Article 26, which guarantees religious denominations the right to manage their own affairs, is also relevant. The petitioner argues that the removal of the concept of Waqf-by-User and the enhanced role of state authorities in Waqf administration impinge on this right. The Court will need to balance the right of the Muslim community to manage its own institutions with the state's legitimate interest in regulating Waqf properties to prevent mismanagement and corruption. Article 300A, which protects property rights, provides further grounds for the challenge. The petitioner argues that the amendments expand state control over Waqf assets and limit the ability of individuals to dedicate property for religious purposes, thereby violating fundamental property rights. The Court will need to determine whether the state's actions constitute a reasonable restriction on property rights in the interest of the general public. The Supreme Court's decision in this case will likely be guided by its previous rulings on religious freedom and the separation of powers. The Court has consistently held that the state cannot interfere with the essential religious practices of any community but that it can regulate secular activities associated with religion to prevent mismanagement and corruption. The challenge to the Waqf (Amendment) Bill of 2025 presents a complex balancing act between these competing principles. The Court's decision will have significant implications for the future of religious freedom in India and for the relationship between the state and religious institutions.
Source: Congress MP moves SC against Waqf Bill hours after Parliament clears it