CJI-led bench to hear petitions challenging new Waqf Act today

The petitions argue that waqfs – their establishment, management and administration – form an integral aspect of the practice of Islam and are therefore entitled to constitutional protection under the Constitution.

The pleas argue that the law violates Articles 14 (right to equality); 15 (discrimination on grounds of religion, race, caste, sex or place of birth); 21(right to life and liberty); 25 (freedom of religion); 26 (freedom to manage religious affairs); 29 (rights of minorities); 30 (right of religious and linguistic minorities) and 300A (right to property.

While advocate Nizam Pasha is appearing for Owaisi, who is the lead petitioner in the batch of cases, senior advocates Kapil Sibal, Abhishek Manu Singhvi, Rajeev Dhawan and Shoeb Alam are expected to argue against the new law.

Six BJP-ruled states — Haryana, Maharashtra, Madhya Pradesh, Assam, Rajasthan, and Chhattisgarh — have filed pleas supporting the constitutional validity of the Act.

While Madhya Pradesh said the Act “envisages a legally sound, technologically driven, and streamlined framework for the effective administration of Waqf assets, while furthering the socio-economic development of the intended beneficiaries,” Assam submitted that the decision the court takes will impact it as according to the Amendment Act, newly inserted Section 3E has imposed a bar on declaration of any land in Scheduled or Tribal Area (Fifth Schedule or Sixth Schedule) as waqf.

Separately, a petition was also filed by advocates Hari Shankar Jain and Mani Munjal challenging a provision of the 2025 law that retains the legal recognition of “waqf by use.” The plea argues that by allowing properties to retain waqf by use status that was enabled before the 2025 Act kicked in, it leaves non-Muslims without a remedy for land that could allegedly be encroached as waqf. Section 3(r) of the Waqf Act, 2025, states “the existing waqf by user properties registered on or before the commencement of the…Act…as waqf by user will remain as waqf properties except that the property, wholly or in part, is in dispute or is a government property”.

Another fresh plea was filed on April 14 by Daya Sigh, President of Gurudwara Singh Sabha, Gurgaon, arguing that the 2025 law violates his fundamental right to make charitable endowments across religious lines, a practice he claims is rooted in Sikh values. The new amendment bars non-Muslims from creating waqfs.