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CliQ INDIA > National > Congress to challenge waqf (amendment) bill, 2025, in Supreme Court, calls it unconstitutional and misuse of majority | CliqExplainer
National

Congress to challenge waqf (amendment) bill, 2025, in Supreme Court, calls it unconstitutional and misuse of majority | CliqExplainer

The Congress party has announced its decision to challenge the Waqf (Amendment) Bill, 2025, in the Supreme Court, arguing that it violates constitutional principles and undermines existing legal frameworks.

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Highlights
  • Congress moves Supreme Court against waqf bill, calls it unconstitutional.
  • Government accused of misusing majority to pass contentious waqf amendments.

The Congress party has announced its decision to challenge the Waqf (Amendment) Bill, 2025, in the Supreme Court, arguing that it violates constitutional principles and undermines existing legal frameworks. The bill, which was recently passed by both houses of Parliament, has been met with strong opposition from the party. Congress leaders claim that the legislation is another instance of the ruling government’s alleged disregard for constitutional values, and they are confident that the judiciary will take a stand against it.

The bill was approved in the Rajya Sabha with 128 votes in favor and 95 against, after opposition-led amendments were rejected. In the Lok Sabha, it secured 288 votes while 232 members opposed it. Following its passage, Congress General Secretary Jairam Ramesh took to social media to announce that the party would soon be filing a petition in the Supreme Court to challenge its constitutional validity. He drew parallels with previous legal battles, noting that Congress has also challenged amendments to the Citizenship Act, Right to Information Act, and Conduct of Election Rules.

Opposition leaders, including Congress President Mallikarjun Kharge, have strongly criticized the bill, calling it a move against minority rights and accusing the government of forcing the legislation through Parliament without proper debate. Rajya Sabha MP Abhishek Manu Singhvi stated that the government had misused its majority and predicted that the judiciary could deem the bill unconstitutional once challenged in court.

Provisions of the Waqf (Amendment) Bill

The bill introduces several changes aimed at reforming Waqf institutions. One of the major provisions includes strengthening Waqf tribunals with a more structured selection process and fixed tenure to ensure the efficient resolution of disputes. The mandatory contribution of Waqf institutions to Waqf boards has been reduced from 7% to 5%, while institutions earning over ₹1 lakh will now be subject to audits by state-appointed auditors. Additionally, a centralized digital portal will be introduced to manage Waqf properties more efficiently and transparently. The bill also reinstates a provision allowing Muslims, who have been practicing their faith for at least five years, to dedicate property to the Waqf, thereby restoring the pre-2013 system.

Government’s Stand on the Legislation

Prime Minister Narendra Modi hailed the bill as a significant step toward transparency and socio-economic justice. He emphasized that it will help marginalized communities by ensuring better governance of Waqf properties. Narendra Modi described the passage of the bill as a “watershed moment” for inclusive growth and social equity. However, critics argue that the amendments might have long-term implications for religious institutions and their autonomy. With Congress set to approach the Supreme Court, the legal battle over the Waqf (Amendment) Bill, 2025, is poised to become another major flashpoint in Indian politics.

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