TMC MP Mahua Moitra moves SC challenging Waqf (Amendment) Act

10 Apr 2025 Evaluate

Trinamool Congress (TMC) MP Mahua Moitra has approached the Supreme Court (SC) challenging the validity of the Waqf (Amendment) Act, 2025.

A three-judge bench led by Chief Justice of India Sanjiv Khanna and Justices Sanjay Kumar and KV Vishwanathan has listed for hearing on April 16 the plea filed by AIMIM leader Asaduddin Owaisi, along with ten other petitions, challenging the validity of the law. Samajwadi Party MP from Sambhal, Zia-ur-Rahman Barq, had recently also filed a plea on the issue in the apex court. Moitra, who filed her plea on April 9, has said the controversial amendment not only suffered from serious procedural lapses but also violated several fundamental rights enshrined in the Constitution.

The petition states that it is submitted that the violation of parliamentary practices during the law-making process has contributed to the unconstitutionality of the Wakf (Amendment) Act, 2025. In her petition, Moitra said, ‘The chairperson of the Joint Parliamentary Committee flouted parliamentary rules and practices both at the stage of consideration and adoption of the draft report of the Joint Parliamentary Committee on the Waqf Amendment Bill and at the stage of presentation of the said report before the Parliament.’

The petition said that dissenting opinions from the opposition MPs were reportedly redacted without justification from the final report presented in Parliament on February 13, 2025. Such actions undermined the deliberative process of Parliament and violated established norms as outlined in authoritative parliamentary procedure manuals. The plea said the new law allegedly infringed upon Articles 14 (equality before the law), 15(1) (non-discrimination), 19(1)(a) and (c) (freedom of speech and association), 21 (right to life and personal liberty), 25 and 26 (freedom of religion), 29 and 30 (minority rights), and Article 300A (right to property) of the Constitution.

AIMIM leader Asaduddin Owaisi, 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 have also moved the top court on the issue. Representatives of Congress, AAP, DMK and various Muslim bodies are other key petitioners in the case.

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