Just hours after the Waqf (Amendment) Bill 2025 was passed in Parliament, Congress MP Mohammed Jawed filed a petition in the Supreme Court challenging its constitutional validity. Jawed, who was also a member of the Joint Parliamentary Committee on the Bill, argued that the amendments impose arbitrary restrictions on Waqf properties, undermining both religious autonomy and property rights of the Muslim community. The petition claims that the Bill violates Article 300A, which safeguards property rights, by increasing state control and limiting individuals’ ability to dedicate property for religious purposes. Furthermore, the law allegedly contradicts Supreme Court precedents by transferring religious property oversight to secular authorities.

The petition also contends that the amendments discriminate against Muslims by subjecting Waqf properties to stricter regulations than those applied to other religious endowments like Hindu or Sikh trusts, which continue to operate under self-regulation. The inclusion of non-Muslims in Waqf administrative bodies, as mandated by the amended law, is seen as an overreach and interference in religious governance. This, according to Jawed, violates Article 14 (right to equality) and Article 15, by introducing arbitrary classifications and discriminating against recent converts who wish to dedicate property for religious or charitable causes. He also raised concerns about the law’s removal of the concept of “Waqf-by-User,” a principle upheld by the Supreme Court that recognizes property as Waqf based on long-standing religious use.

Further objections include the shifting of key administrative powers from the Waqf Board to District Collectors, which Jawed says dilutes community control and violates Article 26—the right of religious denominations to manage their own affairs. The revised structure of Waqf Tribunals, which now includes fewer members with expertise in Islamic law, could adversely affect the fair resolution of Waqf-related disputes. Represented by advocate Anas Tanwir, the Congress MP has urged the Supreme Court to strike down the Bill or at least those provisions that infringe upon constitutional protections related to religion, equality, and property rights.