Explained: All about Waqf Bill as Waqf Act overhaul nears finish line

New Delhi: The introduction of the Waqf Amendment Bill in the Lok Sabha on Wednesday marks a significant legislative move by the BJP-led National Democratic Alliance (NDA) government, scheduled for an eight-hour debate as agreed by the Business Advisory Committee.

Despite the opposition’s walkout from the meeting, citing suppression of their voices and their demand for extended discussion time, the numerical strength of the NDA, with 293 MPs in a 542-member House, ensures a favourable outcome for the ruling coalition.

The bill, aimed at enhancing transparency in Waqf property management, has garnered support from key allies like TDP and JD(U) after incorporating suggestions from the Joint Parliamentary Committee.

While opposition parties, including Congress and AIMIM, criticise the bill as unconstitutional and an infringement on Muslim religious freedoms, the government defends its intent to streamline administration.

The Catholic Bishops Conference of India’s endorsement further bolsters the NDA’s position, countering claims of an anti-minority agenda.

With the Lok Sabha’s approval imminent, the bill’s passage to the Rajya Sabha appears secure, reflecting the NDA’s strategic legislative dominance.

The amendment will most likely be challenged in the Supreme Court and may further be ratified for implementation.

The government accused some political parties and organisations—a clear reference to the opposition and Muslim bodies—of resorting to lies to mislead society and stoke tensions, while insisting that the bill is in the interest of Muslims.

Muslims were urged to wear black armbands during Ramadan and Eid to express their opposition to the proposed law.

While the common people observed Eid as usual, a few politically aligned Muslims wore black armbands.

The government appears to have learned a lesson from a similar campaign against the Citizenship (Amendment) Act, which did not strip citizenship from a single Muslim since the law came into existence.

The common Muslim population was made to believe that the CAA would throw them out of India. Although there is a religious angle, the Waqf Bill hardly impacts any common Muslim.

In this backdrop, it will be interesting to observe whether common Muslims will again be misled for political motives and take to the streets.

On the eve of tabling the bill, the government attempted to bust a few myths.

Myth 1: Will Waqf properties be revoked?

• Fact: No property that is legitimately declared as waqf will be revoked.
• Explanation:
  • Once a property is declared waqf, it is meant to stay that way permanently.
  • 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 2: Will there be no survey of Waqf properties?

• Fact: There will be a survey.
• Explanation:
  • The bill replaces the old role of the Survey Commissioner with the District Collector.
  • The District Collector will conduct surveys using existing revenue procedures.
  • This change aims to improve the accuracy of records without stopping the survey process.

Myth 3: Will non-Muslims become the majority on Waqf Boards?

• Fact: No, the boards will include non-Muslims, but they will not form a majority.
• Explanation:
  • The bill requires that at least two members on the Central Waqf Council and state boards be non-Muslim.
  • The majority of members will still be from the Muslim community.
  • This change is meant to add expertise and promote transparency without undermining community representation.

History of the Waqf Act

Waqf Act, 1954: After independence, this Act established State Waqf Boards and a Central Waqf Council to manage waqf properties systematically. It aimed to consolidate control and prevent mismanagement, replacing fragmented colonial laws.

Waqf Act, 1995: Replacing the 1954 Act, this legislation significantly expanded the powers of Waqf Boards. It introduced Waqf Tribunals to adjudicate disputes and allowed properties to be recognised as waqf based on long-term use ("waqf by user"), even without formal deeds. The Act also made Tribunal decisions final, limiting judicial oversight.

2013 Amendment: This further strengthened Waqf Boards by defining "encroacher," prohibiting the sale or transfer of waqf properties, and imposing penalties for illegal occupation. It aimed to protect waqf assets but amplified the Boards’ authority.

Drawbacks of the Waqf Act

Over time, the Waqf Act, particularly in its 1995 and 2013 forms, faced criticism for several reasons:

Excessive power of Waqf Boards: The 1995 Act allowed Waqf Boards to claim properties with minimal evidence, including through "waqf by user," leading to allegations of overreach. For example, entire villages or public lands were claimed without clear ownership proof, sparking disputes (e.g., Tamil Nadu Waqf Board’s claim over Thiruchendurai village in 2022).

Section 40 empowered Boards to investigate and declare properties as waqf, often without robust checks, fostering perceptions of arbitrary authority.

Lack of transparency and accountability: The Sachar Committee Report (2006) highlighted corruption and mismanagement in Waqf Boards, noting that properties were undervalued, leased to elites at low rates, or encroached upon, with benefits rarely reaching intended recipients like the poor or educational institutions.

Audits and oversight were inadequate, and mutawallis (caretakers) often failed to submit accounts, reducing transparency.

Judicial finality and limited recourse: The 1995 Act made Waqf Tribunal decisions final, barring appeals to higher courts except under exceptional circumstances. This restricted legal remedies for those contesting Board claims, raising concerns about fairness and due process.

Encroachment and revenue loss: Despite owning 8.7 lakh properties across 9.4 lakh acres (valued at approximately Rs 1.2 lakh crore), Waqf Boards struggled with encroachment (estimated at 7% of properties) and litigation (2%), resulting in unrealized revenue potential for community welfare.

Discriminatory provisions: Critics argued that the Act’s Muslim-only governance structure (e.g., requiring all Central Waqf Council and Board members to be Muslim) conflicted with secular principles, unlike laws governing Hindu endowments, which did not impose similar religious restrictions.

Ambiguity in property classification: The inclusion of "waqf by user" allowed properties used historically for religious purposes to be claimed without deeds, leading to conflicts with government or private owners. This ambiguity fueled disputes and allegations of misuse.

How the Waqf (Amendment) Bill, 2024 addresses these drawbacks

Introduced in the Lok Sabha on August 8, 2024, and refined through a Joint Parliamentary Committee (JPC) by early 2025, the Waqf (Amendment) Bill seeks to reform the 1995 Act (renamed the "United Waqf Management, Empowerment, Efficiency and Development Act, 1995").

Below are the key amendments and how they tackle the identified issues:

Removal of "Waqf by User": The Bill eliminates this provision, requiring a formal declaration by a person practicing Islam for at least five years who owns the property. This aims to prevent baseless claims based solely on historical use.

Mandatory registration and verification: Waqf properties must be registered with District Collectors within a specified period (extendable with justification), ensuring ownership is verified and disputes are minimised.

Collector’s role: Disputes over whether a property is waqf or government-owned are now arbitrated by a state-appointed officer (initially the District Collector, later adjusted to a nominated authority), reducing the Boards’ unilateral authority.

Centralised portal: The Bill mandates filing waqf details on an online database, improving record-keeping and public access to information.

Audits: The Central Government can order audits by the Comptroller and Auditor-General or designated officers, ensuring financial oversight.

Board composition: Including non-Muslims and women (at least two of each) in the Central Waqf Council and State Waqf Boards aims to diversify governance and reduce insider control.

Improving judicial oversight:

Appeals to High Courts: Tribunal decisions are no longer final; appeals can be filed in High Courts within 90 days, restoring access to higher judicial review and addressing due process concerns.  

Tribunal reform: The Bill reduces Tribunal members to two but includes expertise in Muslim law, balancing efficiency with competence.

Protecting against encroachment and misuse:

Government property clarification: Properties declared as waqf but identified as government-owned will not be recognized as waqf until proven otherwise, protecting public assets.  

Inheritance rights: Waqf-alal-aulad (family waqf) must not deny heirs, including women, their inheritance, preventing misuse for personal gain.

Promoting inclusivity: By allowing non-Muslims in governance roles, the Bill aligns waqf management with secular principles, addressing criticisms of religious exclusivity.

Separate boards: It establishes distinct Waqf Boards for Aghakhani and Bohra communities, recognising sectarian diversity.

Technology use: Digital registration and management aim to modernize operations, reduce inefficiencies, and curb corruption.

Revenue law compliance: Property mutations must follow state revenue laws with due notice, ensuring legal clarity.