All India Majlis-e-Ittehadul Muslimeen (AIMIM) Member of Parliament Asaduddin Owaisi has filed a petition in the Supreme Court challenging the Waqf Amendment Bill, which has been passed by both the Lok Sabha and Rajya Sabha and is now awaiting Presidential assent.
The petition, filed through advocate Lzafeer Ahmad, challenges the constitutionality of the Bill, alleging violations of Articles 14, 26, and 30 of the Constitution, which safeguard equality, religious freedoms, and minority rights.
GROUNDS OF CHALLENGE
VIOLATION OF ARTICLE 26 – RELIGIOUS AUTONOMY
Owaisi’s petition argues that the Waqf Amendment Bill infringes upon Article 26, which grants religious denominations the right to manage their own affairs in matters of religion.
“Hindus, Sikhs, Jains, and Buddhists have been given the right to administer their religious groups. Then why are the rights being taken away from Muslims? This is a grave violation of Article 26,” Owaisi said during the Lok Sabha debate.
VIOLATION OF ARTICLE 14 – RIGHT TO EQUALITY
Owaisi also contends that the Bill discriminates against Muslims and deprives waqfs of protections that are otherwise available to Hindu, Jain, and Sikh endowments.
“A Muslim will face restrictions on waqf property, and the encroacher will overnight become the owner. A non-Muslim will administer it and this is a violation of Article 14,” he asserted.
VIOLATION OF ARTICLE 30 – MINORITY EDUCATIONAL RIGHTS
The petition claims that the removal of Muslim control over waqf boards also violates Article 30, which protects the rights of minorities to establish and administer educational institutions.
KEY PROVISIONS CHALLENGED
The plea challenges several provisions introduced through the Amendment Bill:
- Restriction on who can create a waqf: Only Muslims who have practiced Islam for at least five years and own the property may declare a waqf.
- De-recognition of ‘waqf by user’: Removes the recognition of waqf status based on prolonged religious use.
- Inclusion of non-Muslims in Waqf governance: The Bill mandates two non-Muslims be appointed to the Central Waqf Council and permits non-Muslims to serve as members including MPs, judges, and eminent persons.
ADDITIONAL CONSTITUTIONAL CHALLENGE BY CONGRESS MP
Earlier the same day, Congress MP Mohammad Jawed also filed a plea challenging the Amendment Bill, stating that it discriminates against the Muslim community and violates Articles 14, 25, 26, 29, and 300A of the Constitution.
Jawed alleged that the Bill infringes:
- Article 14 – Right to equality
- Article 25 – Freedom to practice religion
- Article 26 – Freedom to manage religious affairs
- Article 29 – Rights of minorities
- Article 300A – Right to property
ABOUT THE WAQF AMENDMENT BILL
The Waqf Amendment Bill seeks to revise the Waqf Act, 1995, which governs the administration of waqf properties — assets dedicated for religious or charitable purposes under Islamic law.
RENAMING AND OBJECTIVES
The Amendment proposes renaming the Act as the Unified Waqf Management, Empowerment, Efficiency, and Development Act, to reflect a broader goal of improving efficiency and governance in the management of waqf properties.
MAJOR CHANGES INTRODUCED
ELIGIBILITY TO CREATE A WAQF:
- Only Muslims practicing for at least 5 years can declare waqf.
- The individual must own the property being declared.
ABOLITION OF WAQF BY USER:
Removes recognition based solely on prolonged religious usage.
GENDER INCLUSION AND INHERITANCE:
Waqf-alal-aulad (family waqf) must not deny inheritance rights to any legal heirs, including women.
COMPOSITION OF THE WAQF COUNCIL:
- At least two members of the Central Waqf Council must be non-Muslims.
- Council to include MPs, former judges, and scholars, not all of whom must be Muslim.
- Among Muslim members, two must be women.
CENTRAL OVERSIGHT:
- The Central government is now empowered to:
- Frame rules on waqf registration and auditing.
- Get waqf accounts audited by the CAG or a designated officer.
DILUTION OF STATE AUTHORITY:
The Bill removes the power of Waqf Boards to initiate inquiries into waqf status of properties.
CONCLUSION
As the Waqf Amendment Bill awaits Presidential assent, its constitutional validity faces multiple challenges at the Supreme Court. Both AIMIM’s Asaduddin Owaisi and Congress’s Mohammad Jawed have questioned the Bill’s legality, arguing that it violates minority rights, religious freedom, and equality under the law.
This landmark case could significantly affect how religious endowments and minority rights are handled in India.
