Waqf Act violates 'basic structure' of Constitution: Sena (UBT) leader

The contentious Waqf (Amendment) Act, 2025, violates the landmark Supreme Court judgment on the "basic structure" doctrine of the Constitution, a senior Shiv Sena (UBT) leader has claimed.

Sanjay Lakhe Patil, secretary of the Uddhav Thackeray-led opposition outfit, accused the Bharatiya Janata Party (BJP) of deliberately trying to dismantle the spirit of communal harmony -- what he described as the 'Ganga-Jamuni Tehzeeb' or unifying composite culture-- by creating divisions among communities. The Sena (UBT) functionary made these remarks while addressing a gathering organised by the All India Muslim Personal Law Board's Jalna unit on Thursday.

He claimed the new amendment in the Waqf Act, passed by Parliament last month, violates the landmark Kesavananda Bharati judgment by the Supreme Court, which laid down the "basic structure" doctrine of the Constitution. The 1973 Kesavananda Bharati judgement on basic structure doctrine had clipped the vast power of Parliament to amend the Constitution and simultaneously gave the judiciary the authority to review any amendment.  The verdict had held though Parliament had the power to amend the Constitution under Article 368, it did not have the power to emasculate its basic features. The Sena (UBT) leader alleged the BJP-led central government offered "big packages" to its NDA allies -- Bihar Chief Minister Nitish Kumar and his Andhra Pradesh counterpart Chandrababu Naidu --- in exchange for their support of the Waqf Act in Parliament.

  The Act introduces several reforms designed to improve transparency, efficiency, and control in the administration of Waqf properties. Waqf refers to personal property -- moveable or immovable -- that is permanently donated by Muslims for religious or charitable purposes.  "The case (related to challenge to the new law) is currently being heard in the Supreme Court, where the Chief Justice has posed serious questions to Solicitor General Tushar Mehta," Patil noted. The Sena (UBT) leader said BJP MP Nishikant Dubey's recent comments targeting judiciary and Chief Justice of India (CJI) Justice Sanjiv Khanna were deplorable. He assured the Muslim community of his party's full support in their agitation against the Waqf Act. "The Shiv Sena (UBT) voted against the Bill in Parliament. We stand with you and your protests," Patil maintained.