Congress to Challenge Waqf (Amendment) Bill in Supreme Court, Calls It “Assault on Constitution”

Shortly after the Waqf (Amendment) Bill 2023 was cleared by the Rajya Sabha, the Indian National Congress (INC) announced on Friday its firm intention to challenge the legislation in the Supreme Court of India, declaring it a violation of the fundamental rights guaranteed by the Constitution. Senior party leader and MP Jairam Ramesh, who currently serves as the party’s General Secretary in charge of Communications, said the party would be approaching the apex court “very soon” with a formal petition.

Addressing the media shortly after the bill’s passage, Ramesh strongly criticized the ruling BJP-led NDA government, accusing it of “continuing its attacks on the constitutional ethos of the country.” He reaffirmed the Congress party’s resolve to “resist every legislative and policy move by the Modi Government that undermines the foundational principles, provisions, and practices enshrined in the Constitution.”

The Waqf (Amendment) Bill, which proposes substantial changes to the governance, management, and dispute resolution mechanisms related to Waqf properties—religious endowments managed under Islamic law—was passed after an intense, marathon debate in both houses of Parliament. The Lok Sabha gave its nod to the bill during a late-night vote on Wednesday following 12 hours of debate, and the Rajya Sabha cleared it the following day after a similarly heated discussion that extended well beyond midnight.

The bill has been contentious from the outset. Since its introduction in August 2023, the Congress Party has consistently and vocally opposed it, describing it as “yet another assault on the secular fabric and constitutional guarantees of India.” The party has framed the bill as part of a broader pattern of what it sees as systematic interference by the ruling party in religious matters, particularly those related to the Muslim community.

Sources within the Congress legal affairs team have revealed that the process of drafting the petition to challenge the bill is already underway. According to a senior party functionary who spoke on the condition of anonymity, the plea will be filed in the Supreme Court under the name of Congress General Secretary (Organisation) K C Venugopal, a senior leader and key strategist of the party.

“The legal basis for the challenge will largely center on the argument that the amended Waqf law violates the Constitution’s guarantee of religious freedom under Article 25, as well as the principle of non-interference in religious affairs,” the party source explained. “We believe this law undermines the autonomy of religious endowments and organizations, and imposes mechanisms that can be misused for political or administrative overreach.”

Jairam Ramesh, in his statement, also drew attention to other ongoing legal challenges filed by the Congress Party in the Supreme Court in recent years. He cited the following cases:

• The party’s petition against the Citizenship Amendment Act (CAA), 2019, has been widely criticized for allegedly discriminating against Muslims.
• Its challenge to the 2019 amendments to the Right to Information (RTI) Act, which Congress argues weakens transparency and accountability.
• The party’s case against the 2024 amendments to the Conduct of Election Rules, which it says affects free and fair elections.
• The Congress’s legal intervention to uphold the Places of Worship (Special Provisions) Act, 1991, aimed at preserving the religious status of sites as they existed in 1947.

“These cases are all part of our determined effort to protect constitutional values and ensure that democracy in India remains vibrant, inclusive, and participatory,” Ramesh said.

The BJP government, however, has strongly defended the Waqf Bill. During the debate in Parliament, Union Home Minister Amit Shah dismissed the opposition’s allegations, asserting that the bill does not interfere in religious affairs and instead seeks to streamline the governance of Waqf properties, which have often been at the center of legal and administrative disputes.

Shah argued that the amendments were introduced in response to longstanding complaints about mismanagement, encroachments, and legal ambiguities surrounding Waqf properties. He emphasized that the law aims to bring transparency, fairness, and a structured approach to dispute resolution and rejected claims that it was targeted at any particular community.

Nevertheless, the Opposition benches, led by the Congress, Trinamool Congress, and other regional parties, alleged that the bill was yet another attempt to undermine minority rights and questioned the timing and how the bill was passed—with both houses convening late into the night to push it through.

As the legal challenge by Congress prepares to head to the Supreme Court, political observers note that the issue is likely to become a major flashpoint in the months ahead, especially with upcoming state elections and the backdrop of increasing communal tensions in certain regions. For the Congress, the legal battle is not only about the Waqf Bill itself but also about projecting itself as the protector of constitutional rights and secularism in the country.

The outcome of the court proceedings could have far-reaching implications for the interpretation of religious freedoms, property rights, and the autonomy of religious institutions in India.