Supreme Court Issues Notice On Plea Challenging Waqf Act

The Supreme Court of India on Tuesday issued notices to the Centre and state governments in response to a petition challenging the constitutional validity of the Waqf Act, 1995, including its amendments in 2013 and 2025.

The plea claims the Act violates several fundamental rights and demands that a secular law, enacted in its place.

Supreme Court’s Initial Objections Raised Over Delay

At the outset, a bench headed by Chief Justice BR Gavai, along with Justice AG Masih, questioned the timeliness of the petition.

“We will dismiss on the grounds of delay. You are challenging the 1995 Act in 2025. Why should a challenge to the 1995 Act be entertained in 2025?” the CJI remarked.

In defence, the petitioner’s counsel argued that the court had previously issued notice in 2021 on a similar challenge to the Places of Worship Act, 1991, implying that constitutional challenges to older laws remain relevant.

The counsel further stated that the petition includes a challenge to the Waqf (Amendment) Acts of 2013 and 2025.

Centre Suggests Tagging With Similar Petitions

Additional Solicitor General Aishwarya Bhati, representing the Centre, expressed no objection to tagging the petition with existing pleas already pending before the court.

However, she noted that the Supreme Court had earlier clarified it would not hear challenges to the Waqf Act, 1995, alongside the batch of cases opposing the 2025 Amendment Act.

Despite these concerns, the bench decided to issue notices to the Centre and state governments and agreed to tag the matter with similar pending petitions challenging the Waqf Act.

Petition In Court Alleges Discrimination & Violation Of Secularism

The plea argues that the Waqf Act, 1995, violates Articles 14, 15, 21, 25, 26, 27, and 300A of the Constitution.

The petitioner calls for abrogating the Act and replacing it with a law grounded in secular principles, equity, and justice.

The petitioner contends that the Act exclusively governs properties belonging to the Muslim community, while no equivalent legal frameworks exist for religions like Hinduism, Buddhism, Jainism, Sikhism, Judaism, Bahaism, Zoroastrianism, and Christianity.

This, the plea argues, goes against India’s secular and unified national character.

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