Shocking Waqf Bill Move: 7 Reasons Why Congress Plans Supreme Court Showdown
The Congress party has announced its decision to challenge the Waqf (Amendment) Bill, 2024 in the Supreme Court, calling it a direct violation of constitutional principles. Congress leader Jairam Ramesh described the Bill’s passage as an attack by the Modi government on the Indian Constitution. He noted that the party is already fighting several similar legal battles, including cases against the CAA, RTI Act amendments, and changes to election rules. The Bill, passed after intense debate in both Houses of Parliament, has drawn fierce criticism from opposition parties.
Many have labeled it anti-Muslim and alleged that it aims to seize Waqf properties for corporate interests. Despite government claims that the Bill is a historic reform benefiting minorities, critics say its real intention is to weaken Muslim community institutions. The Rajya Sabha passed the Bill with 128 votes in favor and 95 against, while the Lok Sabha saw 288 votes in support and 232 opposing it. Alongside it, Parliament also approved the Mussalman Wakf (Repeal) Bill, 2025, further escalating political tensions.
Shocking Waqf Bill Move: 7 Reasons Why Congress Plans Supreme Court Showdown
The Congress party has declared its intention to file a petition in the Supreme Court against the recently passed Waqf (Amendment) Bill, 2024, arguing that the legislation undermines the Indian Constitution. Senior Congress leader Jairam Ramesh, in a social media post, accused the Narendra Modi-led government of orchestrating a “direct assault on constitutional principles” through the Bill. He emphasized that the party would persist in its legal and political resistance against policies it views as eroding democratic values.
Ramesh highlighted that Congress has already approached the Supreme Court to challenge multiple contentious laws enacted in recent years. These include the Citizenship Amendment Act (CAA) of 2019, amendments to the Right to Information (RTI) Act of 2005, revisions to the Conduct of Election Rules in 2024, and efforts to protect the Places of Worship Act of 1991. The decision to contest the Waqf Bill, he stated, aligns with this broader strategy to safeguard constitutional integrity.
Controversial Passage of the Bill
The Waqf (Amendment) Bill, 2024, faced fierce opposition in Parliament but was ultimately approved by both the Lok Sabha and Rajya Sabha. The Upper House witnessed a marathon 13-hour debate before the Bill was passed with 128 votes in favor and 95 against. In the Lok Sabha, it secured 288 votes for and 232 against. The opposition INDIA bloc—comprising parties like the Congress, Trinamool Congress (TMC), Dravida Munnetra Kazhagam (DMK), Aam Aadmi Party (AAP), Shiv Sena (UBT), Samajwadi Party, Rashtriya Janata Dal (RJD), and Left parties—unitedly opposed the legislation, labeling it “anti-Muslim” and “unconstitutional.”
Critics argue the Bill’s provisions could enable the government to seize properties managed by Waqf boards—Islamic charitable trusts overseeing religious and community assets—and transfer them to private entities. They allege the move is part of a systematic effort to marginalize Muslims by stripping control over their institutions. The opposition also raised concerns about the Bill’s timing, coinciding with the passage of the Mussalman Wakf (Repeal) Bill, 2025, which aims to abolish outdated laws governing Muslim endowments but has sparked fears of further consolidation of government control.
Opposition’s Stance: A Broader Pattern?
Leaders of the INDIA bloc have accused the ruling Bharatiya Janata Party (BJP) of pushing a majoritarian agenda disguised as administrative reform. They claim the Waqf Amendment Bill contradicts constitutional guarantees of religious freedom and equality by specifically targeting Muslim-administered institutions. “This law isn’t about reform—it’s about dispossessing Muslims of their rightful properties and handing them over to corporations,” remarked a senior opposition MP during the Rajya Sabha debate.
The opposition’s resistance reflects deepening anxieties over the government’s approach to minority rights. Critics point to earlier laws like the CAA—which fast-tracks citizenship for non-Muslim refugees from neighboring countries—as evidence of a pattern of exclusionary policies. The amendments to the RTI Act, which diluted transparency mechanisms, and electoral rule changes allegedly favoring the BJP have further fueled accusations of democratic backsliding.
Government’s Defense: “Historic Reform”
In contrast, the government has defended the Waqf Amendment Bill as a progressive step to modernize the management of Waqf properties, which span over 800,000 acres nationwide. Union Minister for Minority Affairs Mukhtar Abbas Naqvi described the law as a “historic reform” aimed at enhancing transparency, reducing corruption, and boosting revenue from these assets for community welfare. He dismissed opposition claims as “baseless fear-mongering,” asserting that the Bill would empower Waqf boards by streamlining administrative processes and preventing illegal encroachments.
The government also underscored that the Mussalman Wakf Repeal Bill, 2025, simply removes obsolete colonial-era laws redundant under current legal frameworks. Officials argue that consolidating Waqf governance under updated statutes will improve efficiency and accountability.
Legal and Political Implications
The Congress’s decision to challenge the Bill in the Supreme Court sets the stage for a high-stakes legal battle. Legal experts note that the case could hinge on whether the court interprets the law as violating Articles 14 (right to equality), 15 (prohibition of religious discrimination), and 26 (freedom to manage religious affairs) of the Constitution. Previous rulings on similar matters, such as the Babri Masjid case and challenges to the CAA, may influence the proceedings.
Politically, the controversy reinforces the growing polarization between the BJP and opposition parties ahead of the 2024 general elections. While the BJP frames its policies as developmental and inclusive, the opposition alleges a deliberate erosion of secularism and minority rights. The outcome of this confrontation could significantly impact public sentiment and electoral dynamics.
Conclusion
As the Supreme Court prepares to review the Waqf (Amendment) Bill, the debate underscores a clash of narratives: the government’s emphasis on governance reform versus the opposition’s charges of constitutional overreach. For India’s Muslim community, the stakes are high, with the case poised to shape the future of their institutional autonomy. Meanwhile, the Congress’s legal strategy reflects its broader attempt to position itself as a defender of constitutional values—a theme likely to dominate political discourse in the coming months.