WAQF Law, SC Puches Holes in it

With the passage of the Waqf (Amendment) Act, 2025 in Parliament on April 8, the BJP government has once again set off political tremors across India, particularly in states with significant Muslim population such as West Bengal and Bihar. While the Act is currently on hold as per the Supreme Court directive, the political aftershocks have begun to ripple across the country.

Let’s be clear: this Act is no minor tweak. It fundamentally alters how Waqf properties, religious endowments meant for Muslim community welfare, are governed. It allows for non-Muslim members to be appointed to Waqf boards, gives sweeping powers to the central government to determine Waqf property status, and centralises authority in ways that have never been done before in matters of the minorities.

The BJP claims the law is about transparency and accountability, a much-needed reform to prevent corruption in Waqf property dealings. But its critics say that this is yet another assault on minority institutions, cloaked in bureaucratic language and timed for maximum political gain.

Reacting to the new law, West Bengal Chief Minister Mamata Banerjee didn’t mince words, and termed it “anti-secular” and “a direct assault on Muslim identity.” Her Trinamool Congress government, along with the State’s Waqf board and religious leaders, have mounted institutional opposition. Protests led by organisations like the Jamiat-e-Ulama have added fuel to the fire. After the Act came into being, protests turned violent in Murshidabad, leaving 3 dead, many injured and several displaced. Vehicles were vandalised, a local MP’s house was attacked and a police jeep was set on fire. Section 144 was imposed, the internet suspended, 60 FIRs filed, hundreds were arrested and Central forces were deployed. But while the West Bengal violence was contained, Bihar might just become the real battleground over this law.

Muslims make up nearly 17 per cent of Bihar’s population and can tilt the electoral outcomes in the upcoming polls this year. While caste coalitions often determine the election results in Bihar, minority votes also hold considerable sway. The ruling NDA in Bihar, headed by Chief Minister Nitish Kumar in alliance with the BJP, is no doubt weighing the optics of this legislation carefully. For the BJP, the Act could solidify its nationalist image among its core voter base. But for Nitish, who has long straddled both secular and conservative camps, also aptly vilified as ‘dal badlu’ by both camps, the timing is awkward. If protests escalate, the alliance could face some turbulence.

The Pasmanda Muslim community, it is said, might end up playing an important role in this elections. Socially and economically marginalised Muslims make up a sizeable majority within the state’s Muslim population.

Over the past two years, the BJP has launched a quiet but strategic outreach to Pasmanda voters, emphasising their welfare and inclusion. Even Prime Minister Narendra Modi has referenced their upliftment in major speeches. The new law, however, threatens to undo this narrative.

Pasmanda communities are especially sensitive to State overreach into Muslim institutions because their limited political voice is often expressed through local religious and charitable networks. If the law is perceived as a threat to these, it could alienate the very constituency the BJP is trying to woo.

For opposition parties like the RJD, Congress, and Left formations in Bihar, the Act provides an opportunity to reinforce their pro-minority credentials and consolidate Muslim support. Tejaswi Yadav, leader of the RJD, has already hinted at a broader alliance against the law, calling it an “attack on constitutional rights.” The Congress, sensing a unifying issue ahead of the polls, has promised to oppose the law both inside and outside Parliament.

Moreover, Muslim religious leaders in Bihar have begun voicing concerns over the Act’s implications. Any large-scale mobilisation, like the protests seen during the CAA-NRC period, could create a powerful undercurrent that benefits the opposition in Bihar.

However, unity remains a challenge. While Mamata Banerjee is leading the charge in West Bengal, coordination with other parties outside her state has often been fraught with friction. The question remains whether opposition parties can convert this common grievance into a coherent strategy that resonates with voters across State lines.

The political heat is matched by a brewing legal storm. Constitutional experts argue that the law violates Article 25 and 26, which guarantee religious denominations the right to manage their own affairs.

Several State Waqf boards, Parliamentarians Asaduddin Owaisi, Mahua Moitra, Zia-ur-Rahman Barq of Samajwadi Party, Congress leader Mohammad Jawed, AAP leader Amanatullah Khan, Association for the Protection of Civil Rights, Arshad Madani, Samastha Kerala Jamiathul Ulema, Anjum Kadari, Taiyyab Khan Salmani, Mohammad Shafi, Mohammed Fazlurrahim and RJD leader Manoj Kumar Jha, along with several others have challenged the Waqf legislation in court, arguing that it undermines both religious autonomy and the federal structure. Outside of the courtroom, several community leaders and organisations have called for sustained protests, from sit-ins to marches, against the new law in several States including Delhi and Hyderabad.

The Supreme Court on April 17, granted the Union government a week to file its response to a batch of petitions challenging the Act. A three-judge Bench led by Chief Justice of India Sanjiv Khanna recorded Solicitor General Tushar Mehta’s assurance that no new appointments would be made to the Central Waqf Council or State Waqf Boards until the next hearing on May 5. This assurance is significant, as the amended law permits the inclusion of non-Muslim members in these institutions, a provision the petitioners contend violates the community’s constitutionally guaranteed right to manage its religious affairs.

Tushar Mehta also assured the court that no Waqf property, including those recognised under the doctrine of “waqf by user”, would be denotified in the interim. This doctrine, rooted in Islamic legal tradition, recognises property as Waqf based on long-standing communal use, even in the absence of formal documentation. The newly enacted law permits a change in the character of these properties if they are disputed or classified as government land. 

The court accepted these assurances and declined to impose an immediate stay. However, the Chief Justice noted that while courts are ordinarily reluctant to stay laws, certain provisions of the 2025 Act “drastically” change the status quo and may prejudice the rights of the affected parties.

The court battle has to be seen not as separate from the political ramifications of the new law but as something that will further politicise the issue and possibly prolong its shelf life as an electoral flashpoint.

But even as the resolution on the Waqf Act marinates in the court, political climate on the streets is rapidly evolving. First Draft travelled in the third class compartment of the Indian Railways and spoke to a cross section of people bound for Bihar. Polarisation based on false news peddled by the majority was evidently on display. People are buying the propaganda being spread to divide the communities along religious lines. Further, the Waqf Act now adds another chapter to a growing list of post-2019 legislations that have disproportionately affected minority communities -- CAA, NRC, and the Uniform Civil Code being prominent examples. It signals that the BJP is confident about consolidating its base even if it courts controversy in the process. The Waqf Act is more than a piece of legislation; it is a political litmus test.