From Bill To Law: The Journey Of Waqf

In 2022, the Tamil Nadu Waqf Board—a statutory body established under the Waqf Act 1954 that supervises and manages Waqf institutions and properties in the state—sent a communication to a Sub-Registrar in Tiruchi, claiming that an entire piece of land measuring about 480 acres in Thiruchendurai village belonged to it and those who wanted to register a deed for any land in the village should get a No Objection Certificate (NOC) from Waqf Board.  

As per the communication, the Chandrasekha Swamy Temple in Thiruchendurai also came under ownership of the Waqf Board. People living in the village, predominantly SCs and OBCs, have been running from pillar to post since then.   

This case was cited by Finance Minister Nirmala Sitharaman on April 3—the day the Waqf (Amendment) Bill 2025 was taken up in the Rajya Sabha. The debate saw fiery exchanges and the discussion proceeded at a stretch for more than 17 hours—from 11:00 am on April 3 to 4:00 am the following day—surpassing the last longest debate in 1981. The Bill was passed with 128 votes in favour and 95 against. Earlier, on April 2, the Bill was passed in the Lok Sabha—288 in favour and 232 against—after an intense 13-hour debate. 

Hours after it cleared Parliament, two Opposition MPs—AIMIM라이브 바카라 Asaduddin Owaisi and Congress’ Mohammad Jawed—moved the Supreme Court challenging its constitutional validity. However, on April 6, the Bill officially became a law after it got the assent of President Droupadi Murmu.  

While Prime Minister Narendra Modi said the passage of the Bill was a “watershed moment” that would give a voice to the marginalised in the Muslim community and boost transparency in the management of Waqf properties, Leader of Opposition in the Lok Sabha, Rahul Gandhi, alleged that the Bill “attacks Muslims” and “sets a precedent to target other communities in future”. 

The passage of the Bill has stirred mass protests across the country with thousands of protesters taking to the streets in Kolkata, Chennai and Ahmedabad. The protests in Manipur took a violent turn. As more protests are expected in the coming days, here라이브 바카라 a breakdown of what changes in the new law and why the Opposition is against it.  

‘Waqf’ And Waqf Properties

Waqf refers to properties dedicated exclusively for religious or charitable purposes under Islamic law and means that the ownership of the property is now taken away from the person making Waqf and transferred and detained by Allah. ‘Waqif’ is a person who creates a waqf for the beneficiary. As Waqf properties are bestowed upon Allah, in the absence of a physically tangible entity, a ‘Mutawalli’ is appointed by the waqif, or by a competent authority, to manage or administer a Waqf. Once designated as Waqf, the ownership is transferred from the person making the Waqf (waqif) to Allah, making it irrevocable.  

Waqf Boards currently control 8.7 lakh properties spanning 9.4 lakh acres across India with an estimated value of 1.2 lakh crores. India has the largest Waqf holding in the world and the Waqf Board is the largest landowner in India after the Armed Forces and the Indian Railways. Presently, 3,56,051 Waqf Estates, 8,72,328 immovable properties and 16,713 movable properties are registered under the Waqf board. Around 3.3 lakh properties are digitised.  

Prominent Waqf Properties 

The Jama Masjid in Delhi, Fatehpur Sikri, the tomb of Salim Chishti, the Bada Imambara in Lucknow are all Waqf properties. Among the protected monuments in Delhi claimed by Waqf Boards are Safdarjung Tomb, Purana Qila, Nila Gumbaz, Isa Khan Mosque and the Jamali Kamali mosque. In some cases, Waqf ownership claims have led to disputes with the Archaeological Survey of India (ASI). The Uttar Pradesh Sunni Waqf Board had claimed the Taj Mahal to be a Waqf property. Mukesh Ambani라이브 바카라 Rs 15,000-crore residence Antilia is allegedly built on Waqf land.     

Key Legislative Changes  

The Waqf Act of 1954 provided a pathway toward the centralisation of Waqfs. Central Waqf Council of India, a statutory body overseeing the work under various state Waqf boards, was established in 1964.  

The Waqf Act, 1995 provides for the power and functions of the Waqf Council, the State Waqf Boards, the Chief Executive Officer and also the duties of Mutawalli. It also describes the power and restrictions of a Waqf Tribunal that acts in lieu of a civil court under its jurisdiction. Some provisions of the Act were amended in 2013 to make waqf management more efficient and transparent. However, during the course of the implementation of the Act, it was felt that the Act did not prove effective in improving the administration of Waqf.  

Issues Concerned With Waqf Board 

Irrevocability of Waqf properties: The principle of “once a waqf, always a waqf” has led to various disputes and claims.  

Litigation and mismanagement: The Waqf Act, 1995, and its 2013 amendment have been criticised for inefficacy, leading to issues like encroachment, mismanagement, ownership disputes and delays in registration and surveys.  

No judicial oversight: Without the possibility of appealing to a higher judicial body, decisions made by the tribunal may undermine transparency and accountability.  

Unsatisfactory survey work: The work of survey of Waqf Properties by the Survey Commissioner was found unsatisfactory.   

Misuse of provisions: Section 40 of the Waqf Act—the Waqf Board has the authority to initiate a suo motu enquiry to determine if a property is Waqf—was widely misused to acquire and declare a property as waqf property. 

Constitutional Validity: Waqf Act is a special Act for religious properties of only one religion of the country, when no such law exists for any other religion.  

Recommendations By The Joint Parliamentary Committee 

Recommendations presented to the Rajya Sabha in 2008 included the revamping of composition of Waqf Boards, stringent action for unauthorised alienation of Waqf Properties, stringent punishment to Mutawallis; if he fails to comply with his duties, computerisation of Waqf Boards and adequate representation to the Shia community.  

Key Features Of The Waqf (Amendment) Bill 2025 

The original version of the bill planned to do away with the “waqf by user” provision—a category where a property is acknowledged as waqf because it has been used for religious activities for some time, despite there being no official declaration or registration as waqf. As per the new bill, waqf properties that are already registered would remain under waqf unless disputed or identified as government land. 

In the original bill, the collector was allowed to conduct survey of waqf properties. But after the JPC라이브 바카라 recommendations, the amended bill will propose that a government officer above the rank of collector will investigate government properties claimed as waqf, preventing unwarranted claims. 

The waqf bill will also propose that women must receive their rightful inheritance before waqf dedication, with special provisions for widows, divorced women and orphans. 

The bill will push for transparent waqf management and demand that Mutawallis must register property details on the central portal within six months.  

In a controversial move, the bill proposed that two non-Muslim members will be included in both central and state waqf boards to ensure inclusivity. Many Muslim bodies and leaders have opposed this provision on the grounds that Hindu temples don’t allow any non-Hindus to be a part of the administration. 

The bill also tried to end arbitrary property claims by removing Section 40 from the original bill, preventing waqf boards from arbitrarily declaring properties as waqf and avoiding misuse such as declaring entire villages as waqf. 

The amendments also include reducing the mandatory contribution of Waqf institutions to Waqf Boards from 7 per cent to 5 per cent, allowing more funds for charity, and government-appointed audits.  

Government Vs Opposition 

Union Home Minister Amit Shah made a strong intervention in the Lok Sabha debate, asserting that 21 lakh acres were added to Waqf Board holdings between 2013 and 2025, after the UPA라이브 바카라 “extreme” amendment to the Waqf Act. “From 1913 to 2013, the Waqf Board had a total of 18 lakh acres of land. Between 2013 and 2025, 21 lakh acres of land were added to it. That is, out of the total 39 lakh acres of land, 21 lakh acres of land is after 2013,” Shah said. 

Rijiju claimed in his speech that the previous Congress-led government might have allocated Parliament and airport lands to the Waqf if the BJP had not assumed power in 2014.   

Mallikarjun Kharge, the Leader of Opposition in Rajya Sabha, alleged that the ruling dispensation wants to take away the land of Muslims and hand it over to its corporate friends. He accused the government of failing to utilise funds earmarked for the minorities even though it is talking about poor Muslims and Pasmanda Muslims. He also alleged that ever since the BJP-led NDA government came to power, Rs 3,574 crore out of a total of Rs 18,274 crore allocated for minorities was returned as the amount remained unspent. 

One of the most controversial changes to the waqf bill is in its ownership rules, which could affect hundreds of mosques, shrines and graveyards. Many such properties lack formal documentation as they were donated without legal records decades, even centuries, ago. While many Muslims agree that waqf properties suffer from corruption, encroachments and poor management, they also fear that the new law could give the government far greater control over Muslim properties.  

Myth Vs Fact  

The Press Information Bureau issued a press release on April 5, debunking several myths.  

Myth: Will Waqf properties be revoked? 

Fact: No, property that is registered under Waqf Act, 1995 will be revoked. The bill only clarifies rules for better management and transparency. It allows the District Collector to review properties that might be misclassified as waqf, especially if they are actually government property. Legitimate waqf properties remain protected. 

Myth: Will there be no survey of Waqf properties? 

Fact: There will be a survey. The Bill replaces the old role of the Survey Commissioner with the District Collector.  

Myth: Will non-Muslims become the majority on Waqf Boards? 

Fact: The Bill requires inclusion of two non-Muslims in the Central Waqf Council and State Waqf Boards. The majority of members will still be from the Muslim community.  

Myth: Will Muslims’ personal land be acquired under the new amendment? 

Fact: No personal land will be acquired. The Bill applies only to properties that are declared waqf.  

Myth: Will the government use this bill to take over waqf properties? 

Fact: The Bill empowers government official to review and verify if a government property has been wrongly classified as waqf but it does not authorise the seizure of legitimately declared waqf properties. 

Myth: Does the bill allow non-Muslims to control or manage the wealth of the Muslim community? 

Fact: The non-Muslim members are added to bring in additional expertise and oversight. The majority of members remain from the Muslim community, thereby preserving community control over religious affairs. 

Myth: Will the traditional status of historic waqf sites (such as mosques, dargahs, and graveyards) be affected? 

Fact: The Bill does not interfere with the religious or historical character of waqf properties. Its aim is to curb fraudulent claims.  

Myth: Does the removal of the ‘waqf by user’ provision mean that long-established traditions will be lost? 

Fact: The removal of this provision is designed to prevent unauthorised or erroneous claims over property. However, protection has been given to such Waqf by user properties (such as mosques, dargahs, and graveyards) which will remain as waqf properties except that the properties, wholly or in part, is in dispute or is a government property.