Owaisi Challenges Waqf Amendment Bill in Supreme Court, Alleges it Strips Muslims of Right to Manage Religious Affairs

All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief and Member of Parliament, Asaduddin Owaisi, has filed a petition in the Supreme Court challenging the Waqf Amendment Bill, 2023. Owaisi argues that the bill significantly encroaches upon the rights of Muslims to manage their own religious affairs, effectively stripping them of their autonomy over Waqf properties.

Owaisi’s petition contends that the amendments introduced by the bill are unconstitutional and violate the fundamental rights guaranteed to religious minorities under the Indian Constitution. He specifically objects to provisions that, according to him, grant excessive powers to the government and the Waqf Tribunal, thereby undermining the traditional management structure of Waqf properties.

The petition asserts that the bill disregards the religious and cultural significance of Waqf properties for the Muslim community. It alleges that the amendments allow the government to interfere in the administration of these properties, which are traditionally managed by Muslim community representatives.

Owaisi argues that the bill infringes upon the right to manage religious affairs, a right protected under Article 25 and 26 of the Constitution, which guarantee freedom of religion and the right of religious denominations to manage their own affairs. He claims that the amendments effectively transfer control of Waqf properties from the Muslim community to the government, violating the principle of religious autonomy.

The petition also challenges the legislative competence of the Parliament to enact such amendments, arguing that matters related to Waqf properties fall under the jurisdiction of state legislatures.

The Supreme Court is expected to hear Owaisi’s petition and examine the constitutional validity of the Waqf Amendment Bill. The outcome of this case will have significant implications for the management of Waqf properties and the rights of the Muslim community in India.

Key points of Owaisi’s challenge:
• Allegation that the bill strips Muslims of their right to manage religious affairs.
• Claim that the bill grants excessive powers to the government and Waqf Tribunal.
• Argument that the amendments violate Articles 25 and 26 of the Constitution.
• Challenge to the legislative competence of Parliament to enact the bill.