New Delhi: The Supreme Court, on Tuesday, ordered the serving of notices to the Centre and state governments on a petition challenging the Constitutional validity of specific provisions of the Waqf Act, 1995, as amended by the Waqf (Amendment) Act, 2025.
The bench of Chief Justice of India B R Gavai and Justice Augustine George Masih also ordered the plea to be tagged with existing petitions already challenging the 1995 Waqf Act. The Court was hearing a petition filed by one Nikhil Upadhyay, challenging the 1995 Act.
During the hearing, the bench asked his advocate Ashwini Upadhyay why he was challenging the 1995 Act in 2025. Upadhyay responded that he was also challenging the 2013 Waqf Amendment Act. To this, CJI Gavai said: “Even then, 2013 to 2025. 12 years. There is a delay.”
In response to this, the advocate pointed out that the Supreme Court is already hearing petitions challenging the Places of Worship Act 1991 and the National Minority Commission Act 1992.
Additional Solicitor General Aishwarya Bhati, representing the Centre, told the bench that the court has not allowed any challenge to the 1995 Act to be heard along with the petitions challenging the 2025 Amendment. However, there is no objection to this fresh petition being tagged along with the other petition challenging the 1995 Act, she informed the court.
According to the petitioner, only Muslims have a law relating to the administration of their charitable properties. Other religions do not have a similar law; hence, the Waqf Act 1995 is discriminatory.
The petition challenged the constitutional validity of certain sections of the Waqf Act 1995 as amended by the Waqf (Amendment) Act 2025, contending that these provisions are against Articles 14, 15, 21, 25, 26, and 27 of the Constitution, it has been reported by ANI.
The petitioner further submitted that the state cannot grant, at the cost of the public exchequer, the expenses incurred for the verification of Waqfs and their properties, while there is no similar exercise nor a grant of expenses for the survey of other religious institutions and their properties.
“The cost of the survey for the verification of Waqf and its properties must not be borne by the state. There should be a Common or Uniform Law for Religious Trusts and Endowments,” it has been stated in the petition.
