New Delhi:
In a strong move against the recently passed Waqf (Amendment) Bill, 2025, five Members of Parliament from the Indian Union Muslim League (IUML) have formally petitioned the President of India, Smt. Droupadi Murmu, urging her to exercise her constitutional powers under Article 111 to withhold assent or return the Bill for reconsideration.
The memorandum, submitted by IUML MPs including E.T. Muhammed Basheer, P.V. Abdul Wahab, Abdussamad Samadani, K. Navas Kani, and Haris Beeran, highlights serious constitutional concerns about the Bill. The MPs contend that the Bill is “patently unconstitutional and discriminatory”, especially in its provisions that mandate non-Muslim representation in Waqf Boards and impose conditions that allegedly restrict the Islamic practice of waqf creation.
According to the IUML, the Bill infringes on several fundamental rights:
1. Article 26 – By mandating the inclusion of non-Muslims in Waqf governance bodies, the Bill is said to violate the Muslim community’s right to manage its religious affairs independently.
2. Article 25 – The requirement of a written deed and evidence of five years of religious practice for creating waqf is seen as an infringement on the religious freedom to perform oral dedications.
3. Article 14 – The Bill allows arbitrary powers to District Collectors to adjudicate waqf disputes and discriminates by exempting certain Muslim trusts, which IUML claims creates unequal treatment among religious communities.
4. Article 32 – Certain provisions allegedly override judicial decisions, thus undermining the rule of law and the right to constitutional remedies.
IUML MPs argue that no similar interference exists in the administration of Hindu temples, Sikh gurdwaras, or other religious institutions, making the Bill selectively biased against Muslims.
Citing judicial precedents, the MPs reminded the President that her role under Article 111 is not ceremonial but includes the responsibility to ensure that legislation adheres to constitutional values. They urged the President to either withhold assent or return the Bill to Parliament for reconsideration, emphasizing that such a move would protect the secular fabric and constitutional integrity of the country.
The IUML’s appeal comes amidst growing debates on minority rights and the autonomy of religious institutions under a democratic framework.
