WAQF Amendment Bill Passed In Parliament, Waiting For President’s Assent

After hours long debate, the Indian Parliament finally passed the Waqf Bill, with the approval from Lok Sabha and later Rajya Sabha, the Waqf Amendment Bill 2025, in the words of Home Minister Amit Shah this Bill symbolises the “end of an era of injustice and corruption” and that it will bring justice to crores of people. 

The bill would be sent for the assent of the President of India for it to become law, which is expected to be soon.

Prime Minister Narendra Modi referred to the passing of the bill as a "watershed moment".

In his post on the social media platform X, he mentioned the waqf system (i.e the system of governing waqf or Muslim properties) had been "synonymous with a lack of transparency and accountability" for decades."The legislation passed by Parliament will boost transparency and also safeguard people's rights," he wrote.

Muslim leaders and opposition parties, on the other hand, called the bill as  "unconstitutional" and that the bill infringes the rights of India's Muslim community which is in minority.

With the government calling the Bill as a positive step towards making the management of waqf (Muslim properties) more transparent, to which the opposition is claiming that the Bill is another ploy by the governing Bharatiya Janata Party (BJP) to dilute the rights of minorities.

The Congress Party after having after strongly opposing the Waqf (Amendment) Bill, is now gearing up to move the Supreme Court against the Bill passed in the Parliament.  Congress leader Jairam Ramesh, in a statement on X, said, “The INC will very soon be challenging in the Supreme Court the constitutionality of the Waqf (Amendment) Bill, 2024.” 

Waqf property and what changes does the government wishes to introduce?

• As per the Islamic tradition, waqf is referred to a charitable or religious donation which is made by Muslims for benefit of their community. These properties, donated with an intention of charity or religious purposes cannot be used or sold for any other purpose. 
• These properties are be used for mosques, madrassas, graveyards and orphanages.
• Waqf Act 1995 governs these properties and state-board level board is formed to manage such properties.
• Such board includes nominees from the state government, members of the state bar council, Muslim lawmakers, Islamic scholars as well as the managers of waqf properties.
• The Waqf Act bill was introduced by the Central Govt in last August.
• The bill was later sent to a panel for further advice or changes which could be suggested, the panel finalised the bill with some amendments in February this year. 

Key Changes introduced in the new Bill which are being opposed-

• One of the point of objection is that the new bill proposes some changes in regards to how a waqf property shall be determined.

1. In the past, there were many case where properties were donated via oral declarations or community customs, which were legitimised as waqf properties as they were in continuous use by the Muslim community.
2. As per the changes introduced in the new bill, Waqf boards would have to provide valid documents in order to claim a certain property as waqf. In case a dispute arises - especially in case of such land which is deemed to be government-owned -the final decision shall be taken by the government.

• Second point of contention is regarding the proposal that non-Muslims to be appointed on the Waqf Boards and Tribunals as well.  
• Unlike the previous provision where any complaint was dealt by the Waqf Board and the decision was final, the new bill proposes that disputes could be taken to the judiciary as well. 
• A centralised registration system so as to have all the waqf properties registered under the Waqf Act within a period of 6 months after the new amendment comes into effect has also been included in the Bill. 
• Any request for registration of any other new property under the Waqf would have to be done with the same system as well. 
• All in all, according to the new amendment the government shall play a greater role in surveying the waqf properties. 

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