Trinamool Congress (TMC) MP Mahua Moitra has moved the Supreme Court, challenging the Waqf (Amendment) Act, 2025. In her petition, filed on April 9, she claims that the amendment is not only flawed in its procedure but also violates fundamental rights guaranteed by the Indian Constitution.
The Supreme Court has scheduled a hearing for April 16, 2025, where it will consider Moitra’s plea along with other petitions, including one from AIMIM leader Asaduddin Owaisi. Samajwadi Party MP Zia-ur-Rahman Barq has also filed a petition on the issue.
Moitra argues that the law-making process for the amendment was marred by serious procedural flaws. “The Chairperson of the Joint Parliamentary Committee violated parliamentary rules during the consideration and adoption of the report on the Waqf Amendment Bill,” her petition reads. She also highlighted that dissenting opinions from opposition MPs were redacted without any explanation in the final report, which was presented to Parliament on February 13, 2025. “Such actions undermine the deliberative process of Parliament,” Moitra added, stating that the procedures followed in passing the bill went against established parliamentary practices.
Moitra further claims that the amendment infringes upon various constitutional rights, including equality before the law, freedom of speech, and freedom of religion. “This law violates multiple fundamental rights, and I am asking for it to be struck down entirely due to these violations,” she said.
Moitra is not alone in her opposition to the law. Several other prominent figures and organizations have also moved the Supreme Court on the issue. Asaduddin Owaisi, Amanatullah Khan from the AAP, and Arshad Madani of the Samastha Kerala Jamiathul Ulema are among those who have filed petitions. Zia-ur-Rahman Barq, a Samajwadi Party MP, has also joined the legal challenge.
The All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, and members of the Congress, including MPs Imran Pratapgarhi and Mohammad Jawed, are also petitioning against the amendment.
The Supreme Court will hear the case on April 16, where arguments from all sides will be heard, as various petitioners continue to challenge the Waqf (Amendment) Act, 2025 for its alleged unconstitutional provisions.
