JPC clears Waqf Bill: What key amendments has the Waqf panel accepted?

The JPC on the Waqf Bill comprises 31 members including 16 from the NDA, 13 from Opposition parties, 1 from the YSRCP, and 1 nominated member. (File Photo: PTI)

The Joint Parliamentary Committee set up to scrutinize the Waqf (Amendment) Bill, 2024, on Monday cleared the proposed legislation, paving the way for it to be taken up in Parliament for discussion and subsequent passage.

As many as 14 amendments were adopted by the panel while 44 others were rejected 10:16 by a voice vote, news reports said, adding that all the proposals accepted came from members of the BJP or its allies while all amendments moved by the Opposition were rejected.

Speaking to reporters after the JPC meeting, chairman Jagdambika Pal said the panel met to discuss clause-by-clause consideration and the amendments moved by the Opposition were taken up.

"It could not have been more democratic than this. If the amendments were moved, and there were 16 members voting against them, and only 10 in favour of them, then can those with 10 members supporting them be accepted? It is natural whether it is the Parliament or JPC," he said.

Discussing the amendments passed at the JPC meet today, Pal said that one of the changes from the original Bill is to empower the state government to nominate the authority to determine whether a property is 'Waqf'. In the original Bill, the decision was left to the District Collector.

"If any question arises as to whether any such property is a Government property, the same shall be referred to the Collector having jurisdiction who shall make such inquiry as he deems fit, and determine whether such property is a Government property or not and submit his report to the State Government," Section 32(C) of the Bill said. This has now been changed to empower the state government to appoint an authority to determine the nature of property in case of a dispute.

Another key change pertains to the composition of the Waqf Councils and Waqf Boards. Pal said there was a proposal from the government to increase the number of members of the Waqf Board to three, from the two proposed in the Bill. This essentially means that Waqf Councils, whether at state or pan-India levels, will have at least two, and possibly more (if the nominated ex-officio members are also not Muslim) members not from the Islamic faith.

Another change approved by the JPC includes establishing that the law will not apply retrospectively, so long as the property in question is already registered. According to media reports, Congress leader and JPC member Imran Masood objected to this proposal and pointed out that an estimated 90 per cent of Waqf properties are not registered.

Another proposal discussed was to specify that anybody wishing to donate land must "show or demonstrate that she/he is practicing Islam for at least five years" and also acknowledge "...there is no contrivance involved in the dedication of such property".

The 14 amendments approved were part of 23 proposals tabled by the NDA members. On the other hand, none of the 44 amendments moved by the Opposition members were accepted. The JPC on the Waqf Bill comprises 31 members from both Houses of Parliament. These include 16 from the NDA, including 12 from the BJP; 13 from Opposition parties, 1 from the YSRCP, and 1 nominated member.

Voting to confirm acceptance of the 14 changes will take place January 29, and the final report will be submitted by January 31, NDTV reported citing sources. The committee had originally been asked to file the report by November 29 but the deadline was extended to February 13, the final day of the first part of the Budget Session which convenes on January 31.