The Waqf (Amendment) Bill, 2025, set to be reintroduced in Lok Sabha on Wednesday, proposes significant changes to the management of Waqf properties in India. A stormy Lok Sabha session is expected as the Centre re-introduces the Bill.
Union Minority Affairs Minister Kiren Rijiju will table the Bill for consideration and passage. Meanwhile, the INDIA bloc said it will unanimously oppose it,
The Rajya Sabha, meanwhile, will address the bill on Thursday. Both BJP and Congress have issued whips to their MPs, ensuring full attendance during the vote.
Who supports bill, who opposes it?
The BJP’s key allies, including Janata Dal (United), Lok Janshakti Party (Ram Vilas) [LJP(RV)], Telugu Desam Party (TDP), and Shiv Sena, have confirmed their support for the Bill.
The INDIA bloc opposition parties have strongly opposed the Bill, arguing that it threatens constitutional values.
What is the exact meaning of Waqf?
Waqf refers to properties dedicated exclusively for religious or charitable purposes under Islamic law, and any other use or sale of the property is prohibited.
What exactly is the Waqf (Amendment) Bill, 2024?
According to the government, the Amendment Bill seeks to improve the administration and management of Waqf properties in India. “It aims to overcome the shortcomings of the previous Act and enhance the efficiency of Waqf boards by introducing changes such as renaming the Act, updating the definition of Waqf, improving the registration process, and increasing the role of technology in managing Waqf records,” a statement issued by it in September last year said.
Opposition parties have vehemently opposed the bill, labeling it unconstitutional and against the welfare of the Muslim community. Several major Muslim organisations have been actively campaigning against it.
Which administrative bodies oversee Waqf management in India, and what functions do they perform?
The administration of Waqf properties in India is presently governed by the Waqf Act, 1995, which is enacted and regulated by the Central Government. The key administrative bodies involved in Waqf management include –
1. Central Waqf Council (CWC) – Advises the government and State Waqf Boards on policy but does not directly control Waqf properties.
2. State Waqf Boards (SWBs) – Manage and protect Waqf properties in each state.
3. Waqf Tribunals – Exclusive judicial bodies that handle disputes related to Waqf properties.
Why there has been an uproar over the Waqf Amendment Bill?
One of the key contentious provisions in the Bill include tweaks to the composition of the Central Waqf Council and state Waqf boards, mandating the inclusion of non-Muslim members. Secondly, granting a senior state government official the authority to decide whether a disputed property belongs to Waqf or the government. In its original form before JPC scrutiny, the 2024 bill had designated the District Collector as the final authority.
Some other provisions that have drawn criticism are eliminating the "Waqf by user" clause, requiring all Waqf properties to be registered in a central database within six months of the law’s implementation, and removing the finality of tribunal decisions.
Key differences between the Waqf Bill 1995 and Waqf Amendment Bill 2024
| Category | Waqf Act, 1995 | Waqf Amendment Bill, 2024 |
| Name of the Act | The Waqf Act, 1995 | Renamed Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995 |
| Formation of Waqf | Allowed by declaration, user, or endowment (Waqf-alal-aulad) | Removes Waqf by user; only declaration or endowment allowed. Donors must be practicing Muslims for 5+ years. Cannot deny female inheritance. |
| Government Property as Waqf | No clear provision | Government properties identified as Waqf cease to be Waqf. Disputes resolved by the Collector, who reports to the state. |
| Survey of Waqf | Conducted by Survey Commissioners and Additional Commissioners | Collectors empowered to conduct surveys as per state revenue laws. |
| Central Waqf Council | All members had to be Muslims, including two women | Includes two non-Muslims; MPs, former judges, and eminent persons need not be Muslims. The following members must be Muslims: Representatives of Muslim organisations, Scholars in Islamic law, Chairpersons of Waqf Boards. Of the Muslim members, two members must be women. |
| State Waqf Boards | Up to two elected Muslim MPs/MLAs/Bar Council members; at least two women | State government nominates members, including two non-Muslims, one each from Shia, Sunni, Backward-class Muslims, Bohra, and Agakhani. At least two Muslim women required. |
| Tribunal Composition | Led by a judge, included Additional District Magistrate & Muslim law expert | Muslim law expert removed; includes District Court judge (chairman) and a joint secretary (state government). |
| Appeal on Tribunal Orders | High Court intervention only under special circumstances | Appeals allowed to High Court within 90 days. |
| Powers of Central Government | State governments could audit Waqf accounts anytime | Central Government empowered to make rules on Waqf registration, accounts, and audits (CAG/ designated officer). |
| Separate Waqf Boards for Sects | Separate boards for Shia & Sunni (if Shia Waqf >15%) | Also allows Bohra & Agakhani Waqf boards. |
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