Protests against Waqf bill. Representative image.
Credit: PTI Photo
New Delhi: Five Muslim League MPs on Saturday urged President Droupadi Murmu not to give her assent to the Waqf (Amendment) Bill, 2025, to prevent the “unconstitutional and ultra vires” law from taking effect.
They wanted the President to either withhold assent or return it to Parliament with a message for reconsideration to ensure that it aligns with Constitutional principles, as it in its present form “infringes” upon fundamental rights and “discriminates” against Muslims.
In a two-page letter to the President, three Lok Sabha and two Rajya MPs said the Bill violates Articles 26 (freedom to manage religious affairs), 25 (freedom of religion), and 14 (equality before the law).
They also said certain clauses in the Bill override existing judicial decisions, weakening the right to constitutional remedies under Article 32.
“We are compelled to bring to your attention the Bill’s unconstitutional provisions…” said the letter signed by ET Mohd Basheer, Abdussamad Samadani, K Navas Kani (Lok Sabha), PV Abdul Wahab and Haris Beeran (Rajya Sabha).
They said the Bill violates Article 26 through the inclusion of non-Muslims in the Central Waqf Council and state Waqf Boards, undermining the Muslim community’s constitutional right to manage its religious institutions autonomously.
“No parallel interference” exists in the governance of Hindu temples, Sikh gurdwaras, or other religious endowments, making this provision “discriminatory”, they said.
Arguing for either withholding assent or return the Bill to Parliament the MPs also said the Bill passed by both Lok Sabha through a 288-232 vote and Rajya Sabha (127-95) on Thursday and Friday respectively, the Bill violates Article 25 by imposing “restrictive” conditions on creating Waqf, such as requiring a written deed and proof of five years of religious practice by the dedicator.
“These provisions prohibit oral dedications, a practice permitted under Islamic law and recognized in Indian jurisprudence, thereby infringing on the freedom to practice religion freely,” they said.
Claiming violation of Article 14, they also said the Bill “disproportionately targets” Waqf properties by empowering District Collectors to adjudicate disputes and exempting certain Muslim trusts from Waqf regulations, while no similar measures apply to endowments of other faiths.
This “arbitrary and unequal” treatment “lacks any rational basis and violates” the principle of equality, they said.
Seeking the President's intervention, they said these provisions “collectively render” the Bill “unconstitutional and ultra vires”.
Emphasising that the Supreme Court has affirmed that the President’s role under Article 111 is not merely ceremonial but includes the duty to ensure that legislation aligns with constitutional principles, they said, “should Your Excellency find the Bill to violate fundamental rights or exceed Parliament’s legislative competence, you may withhold assent or return it for reconsideration.”
“Given the Bill’s serious constitutional infirmities, we urge you to exercise this power to safeguard the rights of the Muslim community and uphold the Constitution,” they said.
"As the guardian of our Constitution, Your Excellency holds the authority and responsibility to prevent such a law from taking effect. We trust in your wisdom and commitment to constitutional values and respectfully request that you withhold assent or return the Bill to Parliament,” they added.