President Droupadi Murmu Grants Assent to Controversial Waqf (Amendment) Act, 2025, and Mussalman Wakf (Repeal) Act; Sparks Legal Challenge and Political Uproar
In a significant legislative development, President of India, Droupadi Murmu, on Saturday, April 5, 2025, officially gave her assent to two highly debated pieces of legislation — the Waqf (Amendment) Bill, 2025 and the Mussalman Wakf (Repeal) Bill, 2025 — thereby enacting them into law.
The central government issued a formal notification declaring the Waqf (Amendment) Act, 2025, as duly passed and enforced following presidential approval, fulfilling the constitutional process that follows parliamentary clearance.
The two Bills, which had already been passed by both Houses of Parliament earlier in the week, have generated considerable political heat, legal scrutiny, and civil society concern due to their wide-ranging implications for religious endowments — particularly those about the Muslim community.
Parliamentary Passage
The journey of the Waqf (Amendment) Bill through the Parliament was marked by intense deliberations, vocal opposition, and polarized political discourse.
The Bill received the Rajya Sabha’s approval in the early hours of Friday morning after an extensive debate that spanned over 13 hours.
During this marathon session, several opposition parties raised serious objections, labeling the proposed amendments as “anti-Muslim” and accusing the government of violating constitutional safeguards provided to religious minorities.
Despite these objections, the Rajya Sabha passed the Bill with a clear margin. A total of 128 Members of Parliament voted in favour, while 95 members registered their opposition.
The legislation had already been cleared by the Lok Sabha a day earlier, with 288 MPs voting for it and 232 against it.
This close margin in both Houses highlights the contentious nature of the Bill and the deep divisions it has caused across party lines and ideological groups.
Alongside this, the Mussalman Wakf (Repeal) Bill, 2025, also successfully navigated the legislative process, having secured approval in both the Lok Sabha and the Rajya Sabha.
With the President’s formal assent, this Bill has also now become a binding law of the land.
Government’s Position:
The central government, led by the current administration, has presented the Waqf (Amendment) Bill, 2025, as a “historic reform initiative” aimed at bringing greater transparency, efficiency, and accountability to the functioning of Waqf Boards and the management of Waqf properties.
Government representatives have stated that the amendments are designed to safeguard the interests of the minority community by curbing alleged misuse and encroachments on Waqf land and streamlining governance structures.
In its defense, the government further claimed that these reforms were long overdue and were intended to make the functioning of religious endowments more equitable and in line with national development goals. However, opposition lawmakers and rights activists argue otherwise.
Opposition and Legal Challenge: Allegations of Discrimination
The passage of the Waqf (Amendment) Bill has not gone unchallenged.
On Friday, just a day after Parliament gave the green light to the legislation, Congress MP Mohammad Jawed and AIMIM (All India Majlis-e-Ittehadul Muslimeen) President Asaduddin Owaisi took legal recourse and filed separate petitions in the Supreme Court of India, questioning the constitutional validity of the new law.
Jawed, who represents Kishanganj in Bihar in the Lok Sabha and was a member of the Joint Parliamentary Committee that examined the Bill, filed a petition through his legal counsel, advocate Anas Tanwir.
In his plea, Jawed contended that the new legislation imposes arbitrary and unjustified restrictions on the creation and administration of Waqf properties. He alleged that the law undermines the religious autonomy of the Muslim community and is discriminatory.
He further argued that the legislation introduces constraints on the establishment of Waqfs based on subjective interpretations of religious practice, including stipulations about the duration and continuity of religious observances, which have not been imposed on similar endowments of other religious communities in India.
Meanwhile, in a separate and equally forceful petition, Asaduddin Owaisi, who has been a vocal critic of the Bill from its inception, challenged the legislation through his advocate, Lzafeer Ahmad.
Owaisi argued that the new law dismantles protections historically afforded to Waqfs under existing statutes while retaining those protections for religious endowments of other communities, including Hindus, Sikhs, and Jains. This, he claimed, amounts to hostile discrimination against Muslims.
Owaisi’s petition also invoked key constitutional provisions — specifically Article 14, which guarantees equality before the law, and Article 15, which prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.
He asserted that by selectively curbing the rights of Muslim religious trusts while leaving other religious endowments untouched, the Act violates the basic structure of the Indian Constitution.
Political and Social Implications
The passage and enactment of the Waqf (Amendment) Act, 2025, have triggered a larger debate in the political and civil society spheres about the role of the state in regulating religious institutions, particularly those associated with minorities.
Critics argue that the current legislative approach reflects a pattern of majoritarian policymaking that undermines the secular fabric of the nation.
On the other hand, supporters of the Bill have hailed it as a much-needed overhaul of an outdated legal framework that has allegedly enabled corruption and encroachment within the management of Waqf properties — many of which are located in urban and commercially valuable areas.
With the matter now before the Supreme Court, the future of the legislation remains uncertain, as the court will have to weigh in on fundamental questions of religious freedom, minority rights, and equal treatment under the law.
The verdict could have lasting ramifications not just for the Muslim community but for how India handles religious endowments across the board.
What Lies Ahead
As legal proceedings unfold and political debates continue to simmer, all eyes are now on the judiciary to determine whether the Waqf (Amendment) Act, 2025, and the Mussalman Wakf (Repeal) Act, 2025, can withstand constitutional scrutiny.
The decisions in these matters will likely have far-reaching effects on the rights of religious minorities, the separation of religion and state, and the evolving landscape of legal protections for religious institutions in the country.
