Waqf Bill Is Unconstitutional: Congress

Hyderabad, April 7: Telangana Pradesh Congress Committee (TPCC) on Monday launched a scathing attack on the BJP-led central government over the controversial Waqf (Amendment) Bill, 2025. TPCC official spokesperson Syed Nizamuddin, addressing a press conference at Gandhi Bhavan on Monday, termed the legislation a direct assault on constitutional rights, religious autonomy, and minority identity. He announced that the Congress party would challenge the Bill in the Supreme Court and mobilise democratic resistance on the ground.

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“The Congress party fought the Bill in Parliament clause by clause, line by line. It was not ordinary opposition – it was a constitutional duty. Despite this, the BJP government rammed it through both Houses without serious debate,” Nizamuddin said.

Highlighting the depth of Congress’s commitment, he said party leader Smt Sonia Gandhi, aged 78, returned to the Rajya Sabha at 1 am to vote against the Bill at around 2:30 am. “That act itself is a message to the nation – that we will not remain silent when the rights of any community are under threat,” he said.

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He termed the Waqf (Amendment) Bill, 2025 as unconstitutional, anti-minority, and a calculated attempt to interfere in Muslim religious affairs. “Waqf is a centuries-old Islamic institution meant for community welfare – education, healthcare, religious duties. The inclusion of non-Muslim members in Waqf Boards violates Islamic jurisprudence and is an affront to religious autonomy,” he said.

Citing Article 26 of the Indian Constitution, Nizamuddin reminded that every religious denomination has the right to manage its own affairs in matters of religion. “This Bill violates that fundamental right. The BJP government has no mandate to interfere in religious matters of any community,” he said.

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He also challenged the government’s claim that the Bill was reviewed by a Joint Parliamentary Committee (JPC). “The JPC process was eyewash. All suggestions from Congress and opposition parties were summarily rejected. There was no consensus, no real consultation, and no regard for legal or community voices. This was bulldozing of parliamentary norms,” he said.

Raising concerns about the Bill’s practical implications, Nizamuddin said it empowers state governments to unilaterally declare Waqf properties as “encroached” or “unauthentic.” “In Telangana alone, thousands of acres of Waqf land are at risk. Historic mosques, Eidgahs, graveyards, orphanages, and madrasas could be lost. Many of these properties don’t have modern documentation simply because they date back centuries. That should not become an excuse for seizure,” he said.

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He further pointed out that under the amended law, any official can serve notice asking for documents related to a Waqf property. “In case of old mosques or graveyards where documents are unavailable, the government can simply take over the property. This is not reform – this is institutionalised land grab,” he warned.

Nizamuddin also flagged a major legal concern: under the Limitation Act, a tenant cannot claim ownership of a Waqf property. “But the new Act allows a tenant to become the owner if he holds the property for 12 years. This overturns legal protections and opens floodgates for fraudulent claims,” he said.

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Calling out the larger political motive, he said the Bill was part of the BJP’s systematic effort to marginalise Muslims in every sphere – education, economy, representation, and now, religious institutions. “Instead of strengthening Waqf Boards with proper audits and accountability, the government wants to capture and control them. The absence of Muslim voices in decisions regarding Muslim endowments is nothing short of discrimination,” he said.

He added that Telangana, particularly Hyderabad, has a rich legacy of communal harmony and is home to hundreds of Waqf institutions. “We appeal to people of all faiths – Hindus, Muslims, Sikhs, Christians – to recognise what this Bill represents. Today it’s Waqf. Tomorrow, Christian institutions and Sikh gurudwaras will face similar interference,” he cautioned.

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“The BJP is dismantling the very fabric of our secular democracy. This is not just a Muslim issue – this is about constitutional morality, religious freedom, and the right to dignity for every Indian citizen,” he said.Concluding the press conference, Nizamuddin declared that the Congress party would fight this law at all levels. “We will challenge it in the Supreme Court, we will fight it politically in Parliament and state assemblies, and we will build public opinion on the ground. This Bill will go down in history as one of the darkest attacks on India’s minorities – and Congress will not remain silent.” (Maxim News)

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