The Congress and the DMK have separately announced their intent to petition the Supreme Court against the Waqf (Amendment) Bill, which awaits presidential assent after being passed by both Houses of Parliament.

The Congress will challenge the bill’s constitutionality “very soon”, party communications chief Jairam Ramesh declared on Friday, hours after the Rajya Sabha had passed the bill in the early hours with 128 members voting for it and 95
voting against.

Tamil Nadu chief minister M.K. Stalin had earlier said the ruling DMK and the state government would approach the apex court against the proposed law.

Ramesh, who announced the Congress’s intent in a post on X, cited instances from the past decade when the party had taken legal recourse after losing the battle of numbers
in Parliament.

“The INC’s challenge of the CAA, 2019 is being heard in the Supreme Court. The INC’s challenge of the 2019 amendments to the RTI Act, 2005 is being heard in the Supreme Court,” Ramesh wrote.

“The INC’s challenge to the validity of the amendments to the Conduct of Election Rules (2024) is being heard in the Supreme Court. The INC’s intervention to uphold the letter and spirit of the Places of Worship Act, 1991 is being heard in the Supreme Court.

“The INC will very soon be challenging in the Supreme Court the constitutionality of the Waqf (Amendment) Bill, 2024. We are confident and will continue to resist all assaults of the Modi govt on the principles, provisions, and practices that are contained in the Constitution of India.”

The Congress usually waits for a bill to be enacted before approaching the courts. However, a party MP — Mohammad Jawed, who represents Kishanganj (Bihar) in the Lok Sabha — has filed a petition against the bill in the Supreme Court in his personal capacity. Congress spokespersons have clarified that this is not the party’s petition.

On Thursday, a day after the Lok Sabha had passed the bill, Stalin informed the Assembly that the DMK and the state of Tamil Nadu would challenge the bill in court. He made the same point in a post on X.

“The BJP rammed through the anti-minority #WaqfAmendmentBill past midnight, ignoring united opposition,” Stalin posted.

“This brazen move undermines constitutional values and secularism. Tamil Nadu and the DMK will challenge it in the Supreme Court.”