SC Petition Filed by MP Zia ur Rehman Challenges Constitutional Validity of New Waqf Law
New Delhi [India], April 9 (ANI): Samajwadi Party (SP) A member of parliament representing Sambhal in Uttar Pradesh, Zia Ur Rehman Barq, has submitted a petition to the court. Supreme Court questioning the legality of the Waqf (Amendment) Act, 2025 based on constitutional principles.
Counselled by Attorney Suleman Khan, the SP representative contends that the proposed changes infringe upon basic rights, specifically the deletion of provisions related to "Waqf by user," the addition of non-Muslim members to Waqf boards, and a five-year restriction period. Muslims .
The petition aims to revisit these regulations, which Barq argues unfairly infringe upon the religious matters of the Muslim community.
Attorney Suleman Khan stated to ANI, “The plea has been submitted on behalf of the parliamentarian representing the Sambhal Lok Sabha seat, Zia Ur Rehman Barq. This legal challenge targets the recently revised Waqf Act, arguing that it is unconstitutional, unjustifiable, and infringes upon fundamental rights as outlined in Part 3 of the constitution.” Constitution The deletion of "Waqf by user" is entirely random and goes against constitutional principles. This action could deprive numerous properties from Muslim communities that are designated as Waqf.
The appointment of non-Muslim members to the central Waqf council and state Waqf boards is entirely unconstitutional as it interferes with the religious matters of the Muslim community. The rule requiring individuals to not be Muslims for at least five years is both arbitrary and unconstitutional, along with the provision allowing donations from non-Muslims which is likewise deemed unconstitutional. Consequently, all such concerns will come under judicial review. Supreme Court "We remain optimistic and highly hopeful that justice will prevail," stated Advocate Khan.
With this, various opposition figures, including AIMIM Leader Asaduddin Owaisi, AAP legislator Amanatullah Khan, Congress MP Mohammed Jawed, RJD Muhammad Izhar Asfi along with several others have approached the highest court challenging the Waqf Act.
The Waqf (Amendment) Act, 2025 was implemented on Tuesday, April 8. Following a lengthy debate lasting 12 hours, the Senate approved the bill as 128 legislators supported it, while 95 opposed the legislation.
This legislation seeks to amend both the Waqf Act from 1995 and the subsequent Waqf (Amendment) Act passed in 2013. These acts established regulations for managing Waqf properties within India, set up specialized tribunals known as Waqf Tribunals endowed with authority akin to that of civil courts (decisions made by these tribunals aren’t subject to appeal in regular civil courts), and banned the transactional selling of such properties. (ANI)
