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The WAQF Act officially comes into effect

New Delhi: According to a notice issued by the government, the bill came into effect on Tuesday, April 8 from Tuesday, April 8, which passed the WAQF (Amendment) Act last week. Lok Sabha and Rajya Sabha passed the bill at midnight on April 3 and April 4, respectively. President Droupadi Murmu agreed on April 5.

Meanwhile, the Supreme Court may have heard a batch of lawsuits on April 15 challenging the constitutional effectiveness of the bill. The Centre has issued a warning in the Supreme Court and seeks a hearing before any order is passed in this matter.

More than 10 petitions, including those of the Politician and All-India Muslim Individual Law Commission (AIMPLB) and Jamiat Ulama-i-Hind, have been filed in top courts, challenging the effectiveness of the newly enacted law.

The petitions may be listed on the April 15 bench, although not yet reflected on the Apex Court website, attorneys for the development said.

On April 7, the bench led by Chief Justice Sanjiv Khanna assured senior advocate Kapil Sibal that he would appear in court for Jamiat ulama-i-Hind to consider listing the petition.

On April 5, President Droupadi Murmu agreed to her the WAQF (Amendment) bill of 2025, which was passed by Parliament after fierce debates between the two houses.

The bill was passed in Rajya Sabha with 128 members voting for it, while 95 opposed it. Lok Sabha cleared it, with 288 members supporting it and opposing 232 members.

The Dravida Munnetra Kazhagam (DMK), Congress MPs Imran Pratapgarhi and Mohammad Jawed, AIMIM leader Asaduddin Owaisi, RJD MPs Manoj Jha and Faiyaz Ahmad, AAP MLA Amanatullah Khan have also filed petitions in the apex court challenging the validity of the Act.

The DMK moved the top court through its Deputy Secretary-General A Raja and said in a press release: “Despite widespread opposition from the opposition, the WAQF Amendment Act, passed by the Alliance Government in 2025, which did not properly consider objections raised by JPC members and other stakeholders.”

The party said the immediate implementation of the WAQF (Amendment) Act violated and prejudged the rights of about 5 million Muslims in Tamil Nadu in 2025, and 200 million Muslims in other parts of the country.

AIMPLB filed a request in the top court in late April 6.

AIMPLB spokesman SQR ILYAS said in a press statement that the petition strongly opposed the amendment passed by parliament “arbitrary, discriminatory and based on exclusion.”

It said that the amendments not only violated the fundamental rights guaranteed by Articles 25 and 26 of the Indian Constitution, but also clearly revealed the government’s intention to fully control the administration of the WAQF and thus keeping Muslim minorities from their own religious donations.

Articles 25 and 26 of the Constitution ensure the freedom of conscience, the right to practice, the right to spread religion, and the right to establish and manage institutions for religious and charitable purposes.

The request was defended by advocate Mr. Shamshad and record-breaking Talha Abdul Rahman on behalf of the Muslim Private Law Commission, its Secretary-General Maulana Fazlur Raheem Raheem Raheem Mujaddidi.

Jamiat Ulama-i-Hind also filed a petition to the Supreme Court claiming it was a “dangerous conspiracy” to deprive Muslims of religious freedom.

Jamiat said in the petition that the law is a “direct attack on the country’s constitution, not only providing equal rights to its citizens, but also giving them complete religious freedom”.

In Samastha Kerathul Ulema, a religious organization for Sunni Muslim scholars and clergy in Kerala, Samastha Kerathul Ulema claimed in his separate plea filed in the top court that the bill was a “blatant invasion” of the rights of religious denominations to manage its own religious affairs.

Jawed’s plea alleges that the law imposes “arbitrary restrictions” on WAQF property and its management, undermining religious autonomy in Muslim communities.

The petition was brought through advocate Anas Tanwir, who said the law discriminates against Muslim communities by “imposing restrictions in the governance of other religious endowments.”

Owaisi said in another request that the bill took away various protections from the WAQFS, which provided various protections to WAQFS and Hindus, Jana and Sikh and Sikh religious and charitable donations.

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