Supreme Court Challenges Centre: ‘You Can’t Undo History’ in Waqf Act Case

New delhi.  An important hearing in the Supreme Court of India is to be held at 2 pm on Wednesday, which will consider 73 petitions challenging the constitutional validity of the Waqf (Amendment) Act 2025. The three -member bench headed by Chief Justice Sanjeev Khanna, including Justice Sanjay Kumar and Justice KV Vishwanathan, will consider these petitions.

Petitioners from opposition to religious organization

These petitions include veteran leaders of opposition parties, such as Congress, Trinamool, Left, Samajwadi Party, RJD, Aam Aadmi Party and others. Also, many Muslim religious organizations such as Jamiat Ulema-e-Hind, All India Muslim Personal Law Board, and all Kerala Jamiatul Ulema are also parties. At the same time, two Hindu petitioners have also described the Act as improper rights to Muslims on Hindu and government properties.

Seven states supported the act

At the state level, seven states, supporting the Waqf Amendment Act, described it as a transparent and effective management of minority properties. The Central Government has also filed 'caviate' in the Supreme Court, so that no decision can be made without listening to it.

Community Concerns Over Waqf Amendment Act

There is a deep dissatisfaction in the particular community regarding this law, due to which the rights are considered to be cut and government intervention. The major objections of the community include the implementation of the nomination system by eliminating the democratic structure of the Waqf Board, which has eliminated the election process. In addition, permission for appointment of non-Muslims is considered to be a direct hurt on the autonomy of the Muslim community. The right to claim and protect religious properties has been limited,

while Scheduled Tribes have been denied the right to make Waqf property. Judicial concepts such as the 'Waqf by User' included in the 1995 Basic Act have also been removed, which is also being denied judicial protection. Along with all this, the revised streams weaken the powers of the state Waqf boards and gradually open the way to bring the properties into government control.

The journey from Parliament to President is completed

This amendment bill has been passed from both houses of Parliament and President Draupadi Murmu has given its approval on 5 April. But the constitutional test is now yet to be held in the Supreme Court.

What next?

Now that the matter is in the Supreme Court of the country, this decision will not only decide the validity of the Waqf law, but will also set a historical approach on the boundaries of religious freedom, minority rights and state intervention in India.