AAP MLA Amanatullah Khan Moves Supreme Court Against Waqf Amendment Bill
Khan, in his petition, has argued that the Bill is unconstitutional as it undermines the minority community’s right to manage its religious and charitable institutions
Aam Aadmi Party (AAP) MLA and chairman of Delhi Waqf Board Amanatullah Khan on Saturday, 5 April moved the Supreme Court of India challenging the constitutional validity of the Waqf (Amendment) Bill, 2025.
Filed by Advocate Adeel Ahmed, the petition seeks directions to declare the Waqf (Amendment) Bill, 2024, unconstitutional for violating Articles 14, 15, 21, 25, 26, and 300-A of the Indian Constitution.
Contending that the bill curtails the autonomy of Muslims, the petition states, "The bill curtails the religious and cultural autonomy of Muslims, enables arbitrary executive interference, and undermines minority rights to manage their religious and charitable institutions. The Petitioner, an elected representative and concerned citizen, seeks urgent intervention of this Hon'ble Court to safeguard the secular and constitutional fabric of the country."
It has been further argued that the Bill violates Articles 25 and 26 of the Constitution by restricting the creation of waqf to only Muslims who have practised Islam for at least five years and own the property.
"The impugned provisions infringe this autonomy by statutorily altering the essential religious practice of waqf dedication recognized under Muslim law," the petition adds.
Citing the Apex Court’s judgment in State of West Bengal v. Anwar Ali Sarkar (AIR 1952 SC 75), Khan asserts that the introduction of non-Muslim members to the Waqf Boards and the Central Waqf Council under Sections 9 and 14 creates a classification that lacks intelligible differentia and bears no rational nexus to the objective of managing religious properties.
"Issue a writ of mandamus restraining the Respondents from enforcing or operationalising the provisions of the Waqf (Amendment) Bill, 2024," the petition before the top court prays.
Recently, All India Majlis-e-Ittehadul Muslimeen (AIMIM) Member of Parliament Asaduddin Owaisi also approached the top court challenging the bill. In his petition, Owaisi termed the Bill 'unconstitutional'. He argued that the bill brazenly violates the fundamental rights of Muslims and the Muslim community.
In a related development, Congress MP Mohammad Jawed, a member of the Joint Parliamentary Committee that reviewed the bill, also moved the top court challenging it. He contended that the bill violates Articles 14, 25, 26, 29, and 300A of the Constitution. He also raised concerns regarding the proposed inclusion of non-Muslim members in Waqf Boards and the Waqf Council.
Notably, the bill, introduced by Union Minority Affairs Minister Kiren Rijiju on August 28, 2024, in the Lok Sabha, aims to amend the Waqf Act, 1995, to address management issues surrounding waqf properties.
It proposes that waqf can be created by individuals practising Islam for at least five years, replacing earlier provisions that included non-Muslims. In the Waqf laws of 1913, 1923, 1954, and 1995, waqf was exclusively defined as a permanent dedication of property by individuals professing Islam. However, a 2013 amendment to the 1995 Act broadened the definition, allowing property to be dedicated as waqf by persons of any faith, including non-Muslims.
The Bill also proposes to replace the Survey Commissioner with the District Collector, who will oversee waqf property surveys and resolve disputes over ownership.
Additionally, it introduces mandatory non-Muslim members in both the Central Waqf Council and State Waqf Boards, breaking from the tradition of exclusively Muslim representation. It grants state governments the authority to nominate all board members, including two non-Muslims and members from Backward Classes of Muslims, Shias, and Sunnis.
Case Title: AMANAT ULLAH KHAN .VERSUS UNION OF INDIA & Ors.