1. Introduction to Waqf and the Waqf Amendment Bill 2024:
The concept of Waqf, deeply rooted in Islamic law, refers to the permanent dedication of movable or immovable property for purposes recognized as pious, religious, or charitable.1 Once a property is designated as Waqf, its ownership is irrevocably transferred to Allah, with a 'mutawalli' appointed to manage and administer the property according to the wishes of the Waqif (the person making the endowment).2
In India, the administration of Waqf properties is currently governed by the Waqf Act, 1995. However, recognizing the evolving needs and challenges in regulating and managing these properties, the government introduced the Waqf Amendment Bill in the Lok Sabha on August 8, 2024.1 The stated objectives of this legislative effort are multifaceted. Primarily, the bill aims to streamline the functioning of Waqf Boards and ensure the efficient management of Waqf properties across the country.5 Furthermore, it seeks to improve the overall administration and management of these properties, address the shortcomings identified in the existing Waqf Act, 1995, and enhance the efficiency of Waqf Boards through various proposed changes.2 These changes include updating the definitions related to Waqf, improving the registration process of Waqf properties, and increasing the integration of technology in managing Waqf records.2 The bill also intends to tackle the persistent issues of mismanagement and corruption that have plagued Waqf properties for a long time 6, and to bring greater transparency and efficiency to their overall management.2
In a move that signals a comprehensive reform agenda, the bill proposes to rename the existing Waqf Act, 1995, to the 'United Waqf Management, Empowerment, Efficiency and Development Act, 1995' (UWMEEDA 1995).1 This renaming reflects a broader objective of not just amending the existing law but fundamentally enhancing the management and efficiency of Waqf boards and the properties they oversee.4 The inclusion of terms like 'Empowerment', 'Efficiency', and 'Development' in the proposed new name suggests a governmental focus on modernizing the administration of Waqf properties and ensuring they contribute more effectively to the socio-economic well-being of the intended beneficiaries. This rebranding effort could be interpreted as an attempt to create a positive narrative around the amendments, emphasizing progress and better governance in the realm of Waqf administration in India.
2. Key Provisions and Stated Objectives of the Bill (Detailed):
While the specific updated definition of Waqf in the amendment bill requires examination of the official text, the stated intention is to refine it to better address contemporary challenges in managing these endowments.5
Significant changes are proposed in the formation of a Waqf. The bill stipulates that only an individual who has been practicing Islam for a minimum of five years can declare a property as Waqf.1 The Joint Parliamentary Committee (JPC) further strengthened this provision by suggesting that such a person should also demonstrate that they have been a practicing Muslim for at least five years.7 This new criterion, based on the duration of religious practice, marks a departure from the previous Act and could potentially affect individuals who have recently embraced Islam or those who may not have easily verifiable records of their religious practice over the past five years. This raises questions about the potential for exclusion based on this requirement. Additionally, the bill clarifies that the person declaring the Waqf must be the rightful owner of the property 1, a provision aimed at preventing declarations on properties where the declarant does not hold legal ownership. A notable change is the removal of the concept of "waqf by user," which previously allowed for the recognition of a property as Waqf based solely on its long-term use for religious or charitable purposes, even without formal documentation.1 This removal is intended to apply prospectively.4 This alteration could have considerable implications for properties that have historically been treated as Waqf due to continuous usage but lack formal records, potentially leading to disputes over their status. However, the prospective application as recommended by the JPC aims to protect properties already registered under this clause. Furthermore, the bill explicitly states that Waqf-alal-aulad, or family Waqf, must not infringe upon the inheritance rights of the donor's legal heirs, including female heirs 1, thereby reinforcing principles of gender equality within such endowments.
Regarding the survey of Waqf properties, the amendment bill proposes replacing the existing Survey Commissioner with the District Collector or an officer not below the rank of Deputy Collector/Collector, to be nominated by the state government.1 This shift in responsibility suggests a move towards greater involvement of the state administration in the identification and management of Waqf properties. Utilizing the existing revenue infrastructure under the District Collector could potentially lead to more efficient and comprehensive surveys. However, it also raises questions about the potential for executive influence in determining the status of properties as Waqf.
A significant and potentially contentious provision concerns government property identified as Waqf. The bill clearly states that any such property, whether identified before or after the commencement of the Act, will no longer be considered Waqf property.4 In cases of uncertainty regarding the ownership of a property, the District Collector or a designated officer (the JPC recommended an officer above the rank of DC) will be empowered to determine the ownership and update the revenue records accordingly.4 This provision could lead to the reversal of Waqf status for numerous properties currently listed as such if they are found to be government-owned, raising concerns about fairness and due process, especially for long-established Waqfs with historical documentation.
The composition of Waqf Boards and Councils is also set to undergo significant changes. At the central level, the bill mandates the inclusion of at least two non-Muslim members in the Central Waqf Council (CWC).1 Furthermore, Members of Parliament, former judges, and eminent persons appointed to the Council will no longer be required to be Muslim.4 The bill also specifies that two of the Muslim members in the CWC must be women.2 These changes could potentially lead to a non-Muslim majority in the CWC, a significant shift from the previous Act. Similarly, the composition of State Waqf Boards (SWBs) will be altered. The bill empowers the state government to nominate one person each from the categories of Muslim Members of Parliament, Members of Legislative Assemblies/Council, and members of the Bar Council to the Board, instead of the earlier provision for electing up to two members from each group.10 These nominated members will not necessarily need to be Muslim. Additionally, each SWB must include at least two non-Muslim members 1, and must ensure representation of Shia, Sunni, Bohra, Agakhani, and other backward classes within the Muslim community.1 Two of the Muslim members in the SWBs must also be women.2 The bill also makes a provision for the establishment of separate Boards of Auqaf for the Bohara and Aghakhani sects 1, catering to the specific administrative needs of these communities. The inclusion of non-Muslim members at both central and state levels, along with the shift towards nomination by the state government, has raised concerns about potential government influence and the representation of the Muslim community's interests in managing their religious affairs.
To streamline the registration of Waqfs, the bill proposes the establishment of a central digital portal and database for all Waqf properties.1 It also outlines a detailed procedure for the mutation of Waqf properties in revenue records, ensuring due notice to all concerned parties.1 Furthermore, the bill mandates that all Waqf properties must be registered on this central portal within six months of the law coming into effect, although the Waqf Tribunal will have the power to extend this deadline in certain cases.7 This mandatory registration with a specific timeframe aims to create a comprehensive and up-to-date record of all Waqf properties in the country, although the practicality of adhering to the six-month deadline, especially for older Waqfs with incomplete documentation, remains a concern.
The structure of Waqf Tribunals, which adjudicate disputes related to Waqf properties, is also set to be reformed. The bill proposes that the Tribunal will consist of two members: a former or current District Court judge as the Chairman and a current or former officer of the rank of Joint Secretary to the state government.1 This composition differs from the original bill, which initially removed the provision for an expert in Muslim law to be part of the Tribunal.2 However, the JPC recommended retaining a three-member body with one member possessing knowledge of Muslim law 9, and the final composition in the passed bill will determine the extent to which this recommendation was accepted. A significant change is that appeals against the orders of the Tribunal can now be made to the High Court within 90 days.1 This introduces a layer of judicial oversight that was absent in the previous Act, which had deemed the Tribunal's decisions final.1
Finally, the bill proposes the omission of Section 107 of the Waqf Act, 1995, to make the Limitation Act, 1963, applicable to any action under the amended Act.1 It also seeks the omission of Sections 108 and 108A, which relate to special provisions regarding evacuee Waqf properties and the overriding effect of the Waqf Act over other laws.1 These omissions suggest an effort to streamline the legal framework governing Waqf properties and integrate it more closely with general legal principles.
The stated objectives of these detailed provisions, as articulated by the government, include achieving unified Waqf management by addressing issues such as incomplete surveys and the backlog of litigations.6 The bill aims to empower the CWC and SWBs by ensuring the inclusion of diverse groups in their decision-making processes.6 It also seeks to enhance the efficiency of SWBs through the adoption of technology and the automation of key functions.6 Furthermore, the bill intends to facilitate the development of Auqaf by allowing Waqf Boards to utilize Waqf lands for various socio-economic purposes.6
3. Lok Sabha Passage and Deliberations:
The Waqf (Amendment) Bill, 2024, was introduced in the Lok Sabha on August 8, 2024.1 Following protests from the opposition, the bill was referred to a 31-member Joint Parliamentary Committee (JPC) on August 9, 2024, for further scrutiny and consideration.1 The JPC, headed by BJP MP Jagdambika Pal 5, held thirty-six sittings and considered over 97 lakh memoranda submitted by various stakeholders.5 The JPC submitted its report to the Parliament on February 13, 2025 4, and the Union Cabinet subsequently approved the recommendations made in the report on February 19, 2025.12
The debate on the Waqf Amendment Bill in the Lok Sabha was scheduled for April 2, 2025, with eight hours allocated for discussion 5, a duration that could be extended based on the consensus of the House.5 The Minorities Affairs Minister, Kiren Rijiju, was expected to respond to the debate and seek the approval of the House for the bill's passage.16
During the Lok Sabha debate, arguments in favor of the bill likely emphasized the government's commitment to an open discussion and its willingness to address all concerns raised by the Members of Parliament.5 Proponents likely highlighted the bill's aim to streamline the operations of Waqf Boards and ensure more efficient management of Waqf properties, addressing long-standing shortcomings in their governance.5 The government's side likely underscored the improvements in transparency and efficiency expected to result from the bill's provisions, such as digitisation, enhanced audits, and legal reforms 13, as well as its potential to curb mismanagement and corruption within Waqf institutions.6 A key argument in support likely focused on the benefits for the economically weaker sections of the Muslim community, who are expected to gain from increased representation and transparency in Waqf affairs.5 The narrative of bringing Muslims into the mainstream of national development, as expressed by a BJP MP 12, could also have been used to garner support. Notably, the support extended by some Christian organizations further bolstered the government's defense against allegations of an anti-minority agenda.16
Conversely, the opposition's arguments likely centered on their strong condemnation of the bill as "unconstitutional" and an infringement upon the religious freedoms of Muslims.12 AIMIM leader Asaduddin Owaisi's characterization of the bill as a "Waqf Barbaad Bill" and a violation of fundamental rights enshrined in Articles 14, 25, 26, and 29 of the Constitution likely formed a key part of the opposition's critique.18 Concerns regarding the inclusion of non-Muslim members in Waqf boards and councils, viewed by some as unwarranted interference in the religious affairs of the Muslim community 3, and the removal of the 'waqf by user' clause 1 were also likely raised as major points of contention. The opposition probably voiced strong objections to the provision granting the District Collector or a designated officer the final say in disputes concerning Waqf property 7, fearing it could lead to the weakening of Waqf laws and the potential seizure of Waqf properties.32 Allegations that the government's true intention behind the bill was to curtail the religious freedom of Muslims were also likely to be a significant part of the opposition's narrative.18
The Waqf Amendment Bill underwent several revisions based on the recommendations of the JPC, which were subsequently approved by the Union Cabinet.13 The JPC reportedly accepted 14 amendments proposed by members of the ruling NDA and rejected 44 amendments suggested by the opposition members.12 Key changes emerging from the JPC report include the provision that Waqf-by-user properties registered before the enactment of the bill will remain as Waqf unless they are under dispute or are government properties. The bill also specifies that only individuals who demonstrate they have been practicing Islam for at least five years will be eligible to create a Waqf. Furthermore, the authority to determine property ownership in case of disputes was shifted from the District Collector to an officer above the rank of Collector, appointed by the state government. The JPC also recommended that courts could entertain legal proceedings for unregistered Waqfs even after the stipulated six-month period under certain conditions. Notably, the JPC suggested that the Waqf Tribunal should remain a three-member body, with one member possessing knowledge of Muslim law.9 The Janata Dal (United) had earlier voiced concerns about the retrospective implementation of the bill 17, and the JPC recommended that the removal of the 'waqf by user' clause should apply prospectively rather than retrospectively.7 The proceedings of the JPC were marked by disagreements, with opposition members alleging bias on the part of the Chairman and claiming that their proposed amendments were ignored.12 The fact that all amendments proposed by the ruling alliance were accepted while those from the opposition were rejected highlights the deep political divisions surrounding this legislation. The issuance of whips by both the ruling BJP and the opposition Congress to their respective members 5 further underscores the importance and contentiousness of the bill in the Lok Sabha. The opposition's decision to stage a walkout from the Business Advisory Committee meeting over the allocation of debate time 22 also indicates the high level of political confrontation surrounding the bill's passage in the Lower House.
4. Rajya Sabha Passage and Deliberations:
Following its passage in the Lok Sabha, the Waqf Amendment Bill was expected to be taken up for consideration and passage in the Rajya Sabha.16 Assuming the version presented in the Rajya Sabha was the same as that passed by the Lok Sabha, incorporating the JPC recommendations, the debates in the Upper House likely mirrored the arguments made in the Lok Sabha. Proponents would have continued to emphasize the bill's potential to improve efficiency, transparency, and overall management of Waqf properties for the benefit of the Muslim community, particularly the poor and marginalized. Conversely, the opposition in the Rajya Sabha would have likely reiterated their concerns regarding the bill's constitutionality, its potential to infringe upon the religious freedom of Muslims, and the increased role of the government in the management of Waqf affairs. Given the NDA's numerical strength in the Rajya Sabha 12, the bill was likely to be passed in this house as well, despite the anticipated opposition. Specific details regarding any amendments proposed or adopted in the Rajya Sabha are not available in the provided snippets, and accessing the official records of the Rajya Sabha proceedings would be necessary to ascertain such information. Nevertheless, the overall trajectory suggests that the government, with its majority in both houses, was well-positioned to secure the passage of the Waqf Amendment Bill through the Parliament.
5. Analysis of Potential Impact:
The Waqf Amendment Bill carries the potential for a wide-ranging impact on the management and administration of Waqf properties in India. The government's emphasis on improved management and administration through measures like better audits and enhanced transparency 13 could lead to a more accountable and efficient system. The proposed digitisation of records and the establishment of a central portal 1 could significantly improve record-keeping, accessibility, and overall monitoring of Waqf properties, potentially reducing instances of mismanagement and encroachment. The inclusion of non-Muslim members and women in Waqf Boards and Councils 6 might bring in more diverse perspectives and expertise, potentially leading to more balanced and effective decision-making. Furthermore, allowing Waqf Boards to develop Waqf lands for educational institutions, markets, and housing projects 6 could unlock the socio-economic potential of these properties, benefiting the Muslim community and contributing to broader development.
However, the bill also presents potential negative impacts. The removal of the 'waqf by user' clause 1, while aiming to prevent future ambiguous claims, could create uncertainty for properties historically recognized as Waqf based on long-term usage but lacking formal documentation. The enhanced role of the District Collector or a designated government officer in determining property ownership 7 raises concerns about potential bias and government overreach in disputes involving Waqf properties. While the provision for appeals to the High Court 1 introduces better judicial oversight, the fundamental concerns about the initial determination process remain. The mandatory inclusion of non-Muslim members in Waqf bodies, while presented as a move towards inclusivity, is viewed by some critics as a dilution of the religious character and autonomy of these institutions.10 There are also broader concerns about potential government control over Muslim religious properties 3 and the possibility of increased claims on Waqf properties by both governmental and non-governmental entities.32 The bill's provisions are also likely to face legal challenges based on constitutional grounds, particularly concerning religious freedom and minority rights.11 The ultimate impact of the Waqf Amendment Bill will depend on the specifics of its implementation and the interpretation of its provisions by the relevant authorities and the judiciary.
6. Relevance to UPSC Syllabus:
The Waqf Amendment Bill 2024 holds significant relevance for the Union Public Service Commission (UPSC) syllabus, intersecting with several key areas. Under Indian Polity, the passage of this bill through Parliament exemplifies the legislative process, including the role of parliamentary committees like the Joint Parliamentary Committee.1 The debates surrounding the bill also touch upon fundamental constitutional provisions related to religious freedom (Article 25), minority rights (Articles 29 and 30), and the principle of equality (Article 14).10 The management of Waqf properties, involving both central and state-level bodies, also has implications for the understanding of federalism in India. From the perspective of Governance, the bill addresses issues of transparency and accountability in the management of religious endowments 2, the role of the government in regulating religious institutions, the efficiency and effectiveness of Waqf boards, and the increasing use of technology in governance through the proposed digitisation of records. Under Social Justice, the bill directly relates to the rights of minority communities, specifically Muslims 10, and its potential impact on the empowerment of marginalized sections within the Muslim community, such as women and backward classes 6, as well as their socio-economic conditions. Finally, the bill falls under the broader category of Issues Related to Minority Communities, encompassing the management and administration of their religious properties and endowments, concerns about government interference in their religious affairs, and the ongoing debates surrounding secularism and minority rights in the Indian context. Therefore, a thorough understanding of the Waqf Amendment Bill 2024 is crucial for UPSC aspirants preparing for various aspects of the examination.
7. Criticisms and Concerns:
The Waqf Amendment Bill 2024 has faced considerable criticism and raised several concerns from opposition parties, Muslim organizations, and legal experts. A primary area of concern revolves around the constitutional validity of certain provisions. Many argue that the bill infringes upon the fundamental rights related to religion and equality, potentially violating Articles 14, 25, 26, and 29 of the Constitution.10 Comparisons have been drawn with the management structures of trusts governing Hindu and Sikh endowments, where the composition primarily consists of members from their respective religions, raising questions about the rationale for mandating non-Muslim members in Waqf bodies.10
Another significant criticism pertains to the perceived government interference and control over Waqf affairs. The enhanced role of government officials, such as the District Collector or a designated officer, in determining property ownership and the composition of Waqf boards, has led to apprehensions about potential executive overreach and a weakening of the Muslim community's autonomy in managing their religious endowments.7 Fears have been expressed that the government's ultimate aim is to weaken Waqf laws and potentially facilitate the seizure of Waqf properties.32
The removal of the 'waqf by user' clause has also been a point of contention. Critics worry about the impact on properties that have been traditionally considered Waqf based on long-term use but may lack formal documentation, potentially leading to their disenfranchisement as Waqf properties.1
The inclusion of non-Muslim members in Waqf boards and councils, while presented by the government as a step towards inclusivity, is viewed by many within the Muslim community as a dilution of the religious character and autonomy of Waqf institutions.1 Questions have also been raised about the apparent contradiction of allowing non-Muslims to be members of Waqf bodies while simultaneously barring them from creating a Waqf or donating property to one.3
Concerns have also been voiced regarding the composition of Waqf Tribunals. The initial removal of the expert in Muslim law from the Tribunal was seen as potentially detrimental to the fair resolution of disputes that often require a deep understanding of Muslim law and jurisprudence.2 While the JPC recommended retaining such an expert 9, the final composition in the passed bill remains crucial in addressing these concerns.
Finally, opposition parties have alleged limited consultation during the bill's drafting and passage, claiming that their concerns were not adequately addressed by the JPC and that the bill was being rushed through Parliament without proper scrutiny.12
8. Conclusion: Comprehensive Analysis and Implications:
The Waqf Amendment Bill 2024 represents a significant legislative effort to overhaul the management of Waqf properties in India. Its key features include changes in the definition and formation of Waqfs, a revised process for surveying Waqf properties, a clear stance on government property identified as Waqf, a restructuring of the composition of Waqf Boards and Councils with the inclusion of non-Muslim members, streamlined registration procedures through a central portal, reforms in the Waqf Tribunal structure, and the allowance for appeals against Tribunal orders to the High Court.
The parliamentary journey of the bill was marked by intense debates and political polarization. While the government and its allies emphasized the need for modernization, efficiency, and transparency in Waqf administration, the opposition and various Muslim organizations voiced strong concerns about the bill's constitutionality, potential infringement on religious freedom, and the increased role of the government in managing religious affairs. The Joint Parliamentary Committee process, intended to build consensus, ultimately reflected the existing political divide, with most opposition amendments being rejected.
The potential implications of the Waqf Amendment Bill are multifaceted. It could lead to improved management and transparency of Waqf properties, potentially benefiting the Muslim community through better utilisation of these assets. However, concerns remain about the impact of certain provisions on the autonomy of Waqf institutions, the rights of minority communities, and the potential for government overreach. Legal challenges to the bill based on constitutional grounds are also a possibility.
For UPSC aspirants, the Waqf Amendment Bill 2024 is a crucial topic that intersects with various aspects of the syllabus, including Indian Polity, Governance, Social Justice, and issues related to minority communities. A thorough understanding of the bill's provisions, the arguments for and against it, and its potential implications from a constitutional and socio-political perspective is essential for a well-rounded preparation. Aspirants should focus on the historical context of Waqf in India, the specific changes proposed by the bill, the different perspectives on these changes, and the potential long-term consequences for the management of religious endowments and minority rights in the country.
In conclusion, the Waqf Amendment Bill 2024 is a significant piece of legislation that aims to bring about substantial changes in the management of Waqf properties in India. Its passage and implementation are likely to have far-reaching consequences, and its impact will continue to unfold in the years to come. For those preparing for the UPSC examination, a comprehensive and nuanced understanding of this bill is indispensable.
Table 1: Key Changes in Waqf Law
Table 2: Arguments For and Against the Waqf Amendment Bill 2024
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