The Lok Sabha finally passed the Waqf Amendment Bill after over 12 hours debate that began on Wednesday, April 2. The bill has now been tabled in the Upper House for passage amid protests by the Opposition MPs.
With a total of 125 MPs in the Rajya Sabha, the BJP-led NDA is well-placed to navigate the Waqf Bill. Its strength includes 98 BJP MPs, four from the JD(U), three from the NCP, two from the TDP, and six nominated members.
What is Waqf?
The concept of ‘Waqf’ is rooted in Islamic laws and traditions. It refers to an endowment made by a Muslim for charitable or religious purposes, such as building mosques, schools, hospitals, or other public institutions. Another defining feature of a Waqf is that it's inalienable- which means it cannot be sold, gifted, inherited or encumbered.
According to the government, the Waqf Amendment Bill aims to address issues such as -- lack of transparency in Waqf property management, incomplete surveys and mutation of Waqf land records, insufficient provisions for women’s inheritance rights, administrative inefficiencies in waqf management, among others.
The Waqf system in India: Legal and administrative realities
Though commonly perceived as a religious concern, the Waqf system in India is fundamentally about property management, administrative oversight, and governance. The Waqf Act, 1995, and its amendments focus on regulating Waqf properties to ensure they are properly used and managed.
- The government has the authority to regulate non-religious activities of Waqf institutions, including education, social welfare, and economic development, under Section 96 of the Waqf Act.
- The Central Waqf Council (CWC) and State Waqf Boards (SWBs) oversee and regulate these properties to ensure transparency and legal compliance.
- Indian courts have ruled that Waqf Boards are statutory bodies responsible for property management, not religious organisations.
Several court decisions have reinforced that Waqf property management is a non-religious function. These include:
-Syed Fazal Pookoya Thangal vs Union Of India (Kerala High Court, 1993): It clarified that the Waqf Board is a government-regulated body, not a religious representative.
-Hafiz Mohammad Zafar Ahmad vs UP Central Sunni Board of Waqf (Allahabad High Court, 1965): Ruled that a mutawalli (Waqf caretaker) does not own Waqf property but only manages it.
-Tilkayat Shri Govindlalji Maharaj vs State of Rajasthan (Supreme Court, 1964): Declared that managing temple properties is a secular duty, a principle that also applies to Waqf properties.
Waqf properties in India face major issues, including mismanagement, illegal occupation, and lack of transparency. According to the WAMSI portal, over 58,898 Waqf properties are illegally occupied.
Cases of questionable claims by Waqf Boards include
-Govindpur, Bihar (August 2024), where the Bihar Sunni Waqf Board claimed ownership of an entire village, leading to legal disputes.
-In Kerala (September 2024), around 600 Christian families protested after the Waqf Board claimed their ancestral lands.
- In Surat, Gujarat, the Waqf Board declared the Surat Municipal Corporation Headquarters Waqf property, despite it being a government building.
Beyond these instances, numerous cases have emerged where non-Muslim properties were unjustly classified as Waqf. In Tamil Nadu, the Waqf Board claimed the entire Thiruchenthurai village, affecting the property rights of non-Muslims.
A total of 132 historical monuments were declared Waqf properties without proper documentation.
The Waqf (Amendment) Bill, 2025, has been introduced to improve transparency and fairness in Waqf administration. The key reforms include:
-Ending arbitrary property claims: Section 40, which allowed Waqf Boards to unilaterally declare any property as Waqf, has been removed.
-Digitisation of records: Waqf properties will now be documented digitally to prevent illegal claims and improve tracking.
-Strengthening dispute resolution: Waqf Tribunals will be given more authority to resolve property disputes efficiently.
-Ensuring accountability: Non-Muslim members will now be included in Waqf Boards to promote fairer decision-making.
The Waqf system in India is primarily about property management, not religion. The government and courts have repeatedly emphasized that Waqf administration is a secular function. The Waqf (Amendment) Bill, 2025, is a crucial step in resolving issues of mismanagement, illegal claims, and lack of transparency. By introducing legal oversight, digitization, and accountability, the bill ensures that Waqf properties serve their intended purpose for the public good while protecting the rights of all citizens.
What Kiren Rijiju said on the Waqf Amendment Bill?
Tabling the Bill in the lower house, which was examined and redrafted by a Joint Parliamentary Committee (JPC), Rijiju said the legislation has nothing to do with religion, but deals only with properties.
"The government is not going to interfere in any religious institution. The changes made in the Waqf law by the UPA government gave it overriding effect over other statutes, hence the new amendments were required," Rijiju said.
The minister said more than 97.27 lakh petitions and memorandums were received by the JPC through physical and online formats and the JPC had gone through each of them before finalising its report.
As many as 284 delegations submitted their views on the Bill besides the Waqf boards of 25 states and Union Territories, he said.
"Waqf is controlling the third largest pool of properties in the country after railways and defence. The railways and defence properties belong to the nation, but Waqf properties are private in nature. It is unfair to compare them with the land banks of railways and armed forces," he said.
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