Congress to Move Supreme Court Challenging Constitutionality of Waqf Amendment Bill: Jairam Ramesh’s Statement
In a major political development that has added a new layer of complexity to the ongoing debates around the Waqf (Amendment) Bill 2025, the Congress party has announced that it will approach the Supreme Court of India to challenge the constitutionality of the recently passed legislation. The party’s decision to file a petition comes after the Rajya Sabha granted its approval to the bill on April 3, 2025, which has triggered widespread controversy across political lines. Congress leader Jairam Ramesh has led the charge in expressing the party’s discontent, stating that the bill is unconstitutional and undermines the secular fabric of India.
The Waqf (Amendment) Bill 2025 seeks to bring reforms to the management and administration of Waqf properties across the country. The bill introduces several significant provisions, including enhanced powers for the Central Waqf Council, the digitization of Waqf records, and the establishment of a specialized Waqf Tribunal. While the government has hailed the bill as a necessary step to address the issues of mismanagement and corruption associated with Waqf properties, the opposition, led by Congress, has raised several concerns about the bill’s implications on the Constitution and the rights of religious minorities.
Congress’s Opposition to the Bill
Jairam Ramesh, a senior Congress leader, has been vocal in his criticism of the Waqf (Amendment) Bill 2025. According to him, the bill violates Article 25 of the Indian Constitution, which guarantees freedom of religion to all citizens. Ramesh argued that the bill’s provisions giving the government greater control over the management of Waqf properties infringe on the autonomy of religious institutions, particularly those of the Muslim community. He also expressed concern that the bill might lead to undue interference in the religious and charitable affairs of Waqf institutions, which have been historically governed by Muslim religious leaders and community representatives.
Ramesh’s objections also focused on the Centralization of Control under the bill, which he believes could lead to greater political influence over religious institutions. The bill grants more powers to the Central Waqf Council, which will have the authority to intervene in the functioning of State Waqf Boards and Waqf institutions. This move, Congress argues, could undermine the autonomy of state-level religious organizations and lead to potential misuse of authority by the central government.
The Congress party, therefore, has decided to approach the Supreme Court with a plea to review the bill’s constitutionality. According to Jairam Ramesh, the bill is not only an infringement on the rights of religious minorities but also contradicts the secular principles enshrined in the Indian Constitution.
Why is Congress Challenging the Bill?
The Congress party’s decision to move to the Supreme Court is based on several legal and constitutional arguments. These arguments primarily focus on the autonomy of religious institutions, the freedom of religion guaranteed by the Constitution, and the possible violation of federal principles.
- Violation of Freedom of Religion (Article 25): Article 25 of the Indian Constitution guarantees every citizen the freedom to practice, profess, and propagate their religion. The Congress party believes that the Waqf (Amendment) Bill 2025 interferes with the autonomy of religious institutions, particularly those belonging to the Muslim community. By giving the central government significant control over Waqf properties, the bill infringes on the freedom of religious practices by allowing the government to intervene in matters that were traditionally managed by religious bodies and charitable organizations.
- Centralization of Power and Political Interference: The Congress party is concerned that the bill will centralize power in the hands of the central government, thereby enabling undue political influence over religious institutions. The enhanced powers granted to the Central Waqf Council, especially its ability to intervene in the functioning of State Waqf Boards, is seen as an attempt to undermine the autonomy of state-level religious bodies. The Congress believes that such centralization could lead to potential misuse of power, particularly in states where the ruling party might seek to exert influence over religious organizations.
- Federalism and State Autonomy: The Waqf Act of 1995 already provides for the establishment of State Waqf Boards to manage Waqf properties at the regional level. Congress argues that the Waqf (Amendment) Bill 2025 undermines this system of federal governance by granting more powers to the central body. The bill’s provisions allowing for the direct intervention of the Central Waqf Council in the affairs of the state boards are viewed as a violation of the federal structure outlined in the Constitution.
- Lack of Consultation with Affected Communities: One of the major criticisms raised by the Congress party is the lack of adequate consultation with the affected communities, particularly the Muslim community, during the drafting of the bill. The Congress contends that religious and community leaders were not adequately involved in the decision-making process, and their concerns were not given sufficient weight. This, according to the party, undermines the democratic process and shows a lack of respect for the community’s rights.
- Ambiguity in Provisions: Another criticism levelled at the bill is the ambiguity in some of its provisions, particularly regarding the digitalization of Waqf records and the establishment of a Waqf Tribunal. Congress has expressed concern that these measures may lead to the increased surveillance of religious properties, without clear guidelines on how such oversight will be balanced with the rights of religious institutions.
The Role of the Supreme Court
The Supreme Court of India plays a crucial role in interpreting the Constitution and safeguarding the fundamental rights of citizens. By challenging the constitutionality of the Waqf (Amendment) Bill 2025, the Congress party is seeking a judicial review of the bill’s provisions and its alignment with the Constitution.
It is not uncommon for laws that impact religious and social institutions to be scrutinized by the judiciary, especially when concerns are raised about their potential to infringe on fundamental rights. The Supreme Court will now examine the constitutional validity of the bill and determine whether its provisions violate Article 25 or any other part of the Constitution. Given the importance of this case, the Court’s ruling could have significant ramifications for both religious institutions and the relationship between the central and state governments in India.
The outcome of this case will likely set a precedent for future legislation involving religious institutions and their governance. A ruling in favor of the Congress could lead to a re-examination of the bill’s provisions and a possible amendment to ensure that they are consistent with constitutional principles. On the other hand, if the Court upholds the bill, it could provide a legal basis for further centralization of power in the governance of Waqf properties and other religious institutions.
Impact on the Muslim Community and Waqf Institutions
The Waqf (Amendment) Bill 2025 is particularly significant for the Muslim community, as Waqf properties are primarily managed by Muslim religious organizations and are meant to serve the community’s welfare needs. These properties fund various social, educational, and healthcare initiatives, and the proper management of these resources is vital for the community.
If the bill’s provisions are upheld, it could mean a shift in how these properties are managed and a greater role for the central government in overseeing their administration. Congress, along with other critics, fears that this centralization could lead to political interference and diminish the role of religious and community leaders in managing Waqf assets. Furthermore, the bill’s focus on digitization and increased surveillance could raise concerns about privacy and the potential for misuse of information.
Political Implications
The Congress party’s move to challenge the Waqf (Amendment) Bill 2025 is likely to have wide-reaching political consequences. The party’s opposition to the bill has already created divisions within the political landscape, with some parties supporting the Congress’s stance and others defending the bill as a necessary reform.
The debate over the bill also touches upon broader issues related to the secular nature of the Indian state and the rights of religious minorities. For many in the Muslim community, the bill’s provisions are viewed with suspicion, as they could lead to greater state control over religious affairs. The outcome of the Supreme Court case could therefore have implications beyond the specifics of Waqf governance, affecting the broader discourse on religious freedom and minority rights in India.
Conclusion
The Congress party’s decision to challenge the Waqf (Amendment) Bill 2025 in the Supreme Court reflects a deep concern over the bill’s potential impact on the constitutional rights of religious communities, particularly Muslims. Jairam Ramesh’s statement underscores the party’s belief that the bill violates the freedom of religion guaranteed by the Indian Constitution and threatens the autonomy of religious institutions.
As the Supreme Court prepares to review the bill, the nation awaits a landmark decision that could shape the future of religious governance in India. Regardless of the outcome, the debate surrounding the Waqf amendment has highlighted the delicate balance between reform, religious freedom, and state control—issues that will continue to resonate in Indian politics for years to come.
