Waqf Bill Gets Parliament Stamp

An intense 13-hour debate, members of the ruling BJP and the Opposition locking horns and accusing each other of vote bank politics, a back and forth of claims and counterclaims, the past-midnight voting, followed by the adjournment at 2:40 am—the Lower House saw much drama on April 2 when the Waqf (Amendment) Bill, 2025 was taken up.  

The Bill was passed after over 100 amendments moved by the opposition members were rejected by voice votes. With 288 votes in favour and 232 against, the Bill faced a crucial test in the Rajya Sabha. After a fiery 13-hour debate, the Bill was passed in the Upper House with 128 members voting in favour and 95 opposing it. The House was adjourned for the day at 4:02 am on Friday.

While Union Home Minister Amit Shah launched a scathing attack against the opposition MPs in the Lok Sabha during the discussion on the Waqf Bill—now renamed as Unified Waqf Management Empowerment, Efficiency and Development (UMEED) Bill—ahead of the Rajya Sabha discussion on April 3, Congress Parliamentary Party (CPP) chief Sonia Gandhi said the Waqf Bill was “bulldozed” through Lok Sabha. She added that it is a brazen assault on Constitution and is a part of BJP라이브 바카라 strategy to keep society in a state of permanent polarisation. 

While the Rajya Sabha members are currently debating various aspects of the Bill, here라이브 바카라 a brief overview of the Waqf Bill, the changes being sought by the Centre and the objections raised by the opposition.   

Timeline Of Waqf And The Waqf Bill 

Waqf refers to the permanent dedication of movable or immovable property for the purposes enshrined in Islam as religious or charitable. Once the property is designated as Waqf, the ownership is transferred to God, making it irrevocable. The person who creates a waqf for the beneficiary is referred to as Waqif and a ‘Mutawalli’ is appointed either by the Waqif or by a competent authority to manage a Waqf.  

Waqf properties are managed by members of the community. Each state has a Waqf Board, which is a legal entity that can acquire, hold and transfer property. Waqf properties cannot be sold or leased permanently. In India, several mosques, dargahs, imambaras and qabristans are classified as Waqf properties.  

As per the government data, Waqf boards currently control 8.7 lakh properties spanning 9.4 lakh acres across the country with an estimated value of Rs 1.2 lakh crore. The data mentions that 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. There are 8,72,328 immovable and 16,713 movable properties registered under the Waqf Board. These exclude the 3,56, 051 Waqf Estates registered under the Board. 

Abolition And Amendment  

According to a note by the Press Information Bureau (PIB), a case was made for the abolition of Waqfs in India in the late 19th Century when a dispute over a Waqf property ended up in the Privy Council of London during the days of the British Raj. The four British judges who heard the case described the Waqf as “a perpetuity of the worst and the most pernicious kind” and declared Waqf to be invalid. However, the decision by the four judges was not accepted in India, and the Mussalman Waqf Validating Act of 1913 saved the institution of Waqf in India. Since then, no attempt has been made to curb Waqfs. 

The Waqf Act of 1954 provided a pathway toward the centralisation of Waqfs. A statutory body— Central Waqf Council of India—was established in 1964 by the Union government under the Waqf Act of 1954. This central body oversees the work under various state Waqf boards which were established under provisions of Section 9(1) of the Waqf Act, 1954. 

The Waqf Act, 1995 was enacted to govern the administration of Waqf Properties (Religious Endowments) in India. It provided for the power and functions of the Waqf Council, the State Waqf Boards and the Chief Executive Officer, and also the duties of Mutawalli. This Act also describes the power and restrictions of a Waqf Tribunal that acts in lieu of a civil court under its jurisdiction. The decision of a Tribunal shall be final and binding on the parties. 

The government says the 1995 law has some loopholes concerning regulating Waqf properties, title disputes, and the illegal occupation of Waqf land. Other major issues flagged by the government are limited diversity in the constitution of Waqf Boards, misuse of power by Mutawallis, lack of effective coordination with local revenue authorities, and sweeping power to Waqf Boards for claiming properties resulting in disputes and litigation, to name a few. 

Formation Of The Joint Parliamentary Committee  

The Bill amends the Waqf Act, 1995 which governs the management of Waqf properties in India. It proposes sweeping changes empowering the Union government to address issues and challenges in regulating and managing Waqf properties. As per the government, the Bill seeks to improve the administration and management of Waqf properties in India and will bring down litigation and ensure transparency and efficiency in governing Waqf properties.  

Union Minority Affairs Minister Kiran Rijiju first introduced the Bill in August 2024. It was referred to a Joint Parliamentary Committee (JPC) for further scrutiny. On February 27, 2024, the JPC cleared 14 amendments moved by the members of the BJP or its allies in the National Democratic Alliance (NDA). 

What Is The Government Proposing  

The Union government argues that the proposed law will address issues and challenges in regulating and managing waqf properties but the Opposition alleges it will impinge on constitutional rights.  

The issues in the existing law flagged by the government are—irrevocability of waqf properties, litigation and mismanagement, no judicial oversight, unsatisfactory survey work, misuse of provisions and constitutional validity. 

Key changes: The original version of the bill planned to do away with the “waqf by user” provision—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 to enhance accountability. 

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 new bill made a distinction between trusts and waqfs. 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 for waqf institutions earning over Rs 1 lakh annually. 

Section 40 And Opposition라이브 바카라 Criticism  

Those who oppose the bill question why bring a new law that changes the way Waqfs are managed. All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi, one of the most vocal leaders against the Bill, has alleged that it is aimed at weakening the foundations of Waqf governance and undermining the rights of Muslims. Owaisi has accused that the Bill is intended to snatch away graveyards, khanqahs, and dargahs from Muslims. 

The major concern among the critics is the government's ‘intention’ to control the Waqf properties by regulating their management and the power it gets through the new bill to determine whether or not a property is a Waqf. 

Critics say the proposal to have a non-Muslim CEO and at least two non-Muslim members would interfere with the Muslim community라이브 바카라 right to manage its own affairs, a right given by the Constitution of India. 

Among the many significant changes the Bill proposes, the omission of Section 40 from the original Act has become a major point of contention between the ruling coalition and the opposition parties. 

Section 40 of the Waqf Act empowers the Waqf Board to decide if a property is Waqf property. The Board's decision is final unless it is revoked or modified by the Waqf Tribunal. The Bill, in its earlier form, extended this power, which currently lies with the Waqf Tribunal, to the District Collector. 

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. 

Prominent Voices From The Debate 

Tejasvi Surya, BJP MP: The concept of Section 40 was a potent cocktail that enabled the Waqf Board to usurp any land that it wished. Those who had a problem with this were forced to go before the Waqf Tribunal. It was a kangaroo court and its orders were final and you couldn't even go in appeal … This was the Frankenstein Monster that was created by the Waqf Act of 2013 where the Waqf Board was judiciary, legislature, executive all rolled in one, there was no concept of separation of powers.  

Amit Shah, Union Home Minister: From 1913 to 2013, the Waqf Board had a total of 18 lakh acres of land. Between 2013 and 2025, after the Congress-led UPA amended the Waqf Act in 2013, 21 lakh acres were added to it. Out of the total 39 lakh acres, 21 lakh acres were added after 2013. And now they are saying that there has been no misuse.  

Anurag Thakur, BJP MP: The Waqf (Amendment) Bill caters to the broader interests of Indian Muslims by ensuring transparency, efficiency, and accountability in the management of waqf bodies and vast waqf properties. The bill aims to empower Muslim women and socially disadvantaged sections within the Muslim community. 

Rahul Gandhi, Congress MP: The Waqf (Amendment) Bill is a weapon aimed at marginalising Muslims and usurping their personal laws and property rights. This attack on the Constitution by the RSS, BJP and their allies is aimed at Muslims today but sets a precedent to target other communities in the future. 

Asaduddin Owaisi, MP, President AIMIM: If you read history, you would see that he (Mahatma Gandhi) said about the laws of white South Africa, 'My conscience doesn't accept this' and he tore it up. Like Gandhi, I am also tearing up this law.  

Kiran Rijiju, Minister of Minority Affairs: This bill has nothing to do with religion, but deals only with properties … If we had not introduced this amendment, even the Parliament building could have been claimed as Waqf property.