Waqf Amendment Bill: Opposition's key concerns against the proposed legislation

Waqf Bill

As the Lok Sabha prepares to take up the contentious Waqf (Amendment) Bill for discussion and passage later today, the stage is set for another showdown between a government determined to push it through and an opposition united in condemning the proposed law as unconstitutional.

If comments by senior leaders from BJP and the INDIA camp, serve as an early indication of the expected political heat, it is unlikely that it will have any bearing on the final outcome as the numbers are heavily in favour of the ruling BJP-led National Democratic Alliance (NDA) in the Lok Sabha.

Beyond two defining political behavious - one of attempted political messaging (by BJP) and other an concerted attempt (INDIA bloc) to uphold the fabric of secularism, political scientist and sociologists have tried to understand the most obvious logic behind the legislation and examine whether it meets the test of 'constitutionality'.

Under the Waqf Act of 1954, a Waqf refers to a property dedicated in the name of God for religious and charitable purposes. Legally, it is the permanent dedication by a Muslim of any movable or immovable property for purposes recognised by Muslim law as pious, religious, or charitable.

A Waqf can be established through a deed or instrument, or a property can be considered a Waqf if it has been used for religious or charitable purposes over a long period. The proceeds from a Waqf typically fund educational institutions, graveyards, mosques, and shelter homes.

The opposition is primarily opposing the bill on these grounds:

Long-standing principle of ‘waqf by user’

The concept of ‘waqf by user’ is rooted in Islamic legal traditions, recognising properties as religious or charitable endowments based on their prolonged and uninterrupted use for communal purposes, even without formal documentation.

The Waqf (Amendment) Bill, 2024 proposes a radical shift by eliminating the concept of ‘waqf by user’ through the removal of clause (i) from Section 3(r) of the 1995 Act. Under the amended law, only properties with formal waqf deeds – and those established by individuals who have “practiced Islam for at least five years” – will qualify as waqf.

Undermining the authority of waqf boards

Additionally, the amendment empowers district collectors to determine whether disputed properties qualify as waqf or government land. Critics argue this centralises authority in state officials, undermining the autonomy of waqf boards and creating conflicts of interest

The Waqf Board administers Waqf properties, recovers lost properties, and sanctions the transfer of immovable Waqf properties through sale, gift, mortgage, exchange, or lease, with at least two-thirds of the board members voting in favour of the transaction. The board appoints custodians to ensure the Waqf and its revenue are used for their designated purposes. The Central Waqf Council (CWC), established in 1964, oversees and advises state-level Waqf Boards across India.

Failing the test of 'constitutionality'

The government has said the bill seeks to improve the management and administration of Waqf properties in India by bringing transparency and efficiency in their management. However, the opposition parties are slamming it as unconstitutional and against the interest of the Muslim community. Several leading Muslim organisations have been rallying support against the bill. INDIA bloc has  declared its unified stance against the Waqf (Amendment) Bill, which is set to be discussed in the Lok Sabha.