Introduction

The Waqf (Amendment) Bill, 2024, introduced in the Lok Sabha on August 8, 2024, seeks to amend the Waqf Act of 1995 to enhance the management and regulation of Waqf properties in India.

The proposed amendments aim to increase transparency, improve governance, and modernize the administration of Waqf institutions. However, the bill has sparked significant debates due to its potential implications for minority rights and religious freedoms.

Key Provisions of the Bill

Inclusion of Non-Muslim Members

The bill mandates the inclusion of non-Muslim members in the Central Waqf Council and State Waqf Boards. The government argues that this move promotes diversity and transparency in Waqf property administration.

Enhanced Government Oversight

The bill grants the government increased authority to validate and oversee Waqf land holdings. This aims to curb corruption and mismanagement in the administration of Waqf properties.

Women’s Representation

The amendments require the inclusion of women on both the Central Waqf Council and State Waqf Boards. This provision seeks to ensure gender diversity and enhance the role of women in decision-making.

Rationale Behind the Amendments

The government introduced these amendments to address issues of corruption, inefficiency, and mismanagement within Waqf institutions. It emphasizes the need for greater transparency, improved record-keeping, and the prevention of arbitrary claims over properties.

Opposition and Criticisms

Undermining Minority Rights

Critics argue that the inclusion of non-Muslim members in Waqf Boards could dilute Muslim control over religious endowments, potentially undermining minority rights.

Risk of Property Confiscation

Opponents fear that enhanced government oversight might lead to the confiscation of historic mosques and other Waqf properties that lack formal documentation.

Political Motivations

Some critics view the bill as politically motivated, aiming to exert greater control over Muslim assets and institutions.

Current Status of the Bill

As of April 2, 2025, the bill is under debate in Parliament. The ruling Bharatiya Janata Party (BJP), lacking an outright majority, is relying on allies to secure its passage. If both houses of Parliament approve the bill and the President gives assent, it will become law.

Detailed Analysis of the Bill

Category	Waqf Act, 1995	Waqf Amendment Bill, 2024	Significance/Implication of Change
Name of the Act	The Waqf Act, 1995	Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995 (UMEED Act)	Reflects a broader aim beyond mere regulation to include development and efficiency.
Formation of Waqf	By declaration, user, or endowment (Waqf-alal-aulad)	Only by declaration or endowment; Donors must be practicing Muslims for 5+ years; Waqf-alal-aulad must not deny female inheritance.	Stricter rules, eliminates Waqf by user, introduces a religious practice criterion for donors, and protects female inheritance rights.
Survey of Waqf	Conducted by Survey Commissioners and Additional Commissioners	Collectors empowered to conduct surveys as per state revenue laws.	Aims to align Waqf surveys with mainstream land revenue records for better accuracy.
Government Property as Waqf	No clear provision	Government properties identified as Waqf cease to be Waqf; Disputes resolved by the Collector.	Clarifies the status of government land claimed as Waqf, favoring government ownership.
Central Waqf Council	All members had to be Muslims, including two women	Includes two non-Muslims; MPs, former judges, and eminent persons need not be Muslims; Two Muslim women required.	Introduces non-Muslim representation, a significant point of controversy.
State Waqf Boards	Up to two elected Muslim MPs/MLAs/Bar Council members; at least two women	State government nominates members, including two non-Muslims, one each from Shia, Sunni, Backward-class Muslims, Bohra, and Agakhani; At least two Muslim women required.	Shifts from election to nomination, includes non-Muslims and diverse Muslim sects.
Tribunal Composition	Led by a judge, included Additional District Magistrate & Muslim law expert	Includes District Court judge (chairman) and a joint secretary (state government); Muslim law expert removed.	Removes Muslim law expertise from the tribunal, raising concerns about dispute resolution.
Appeal on Tribunal Orders	High Court intervention only under special circumstances	Appeals allowed to High Court within 90 days.	Enhances judicial oversight by allowing direct appeals to the High Court.
Powers of Central Government	State governments could audit Waqf accounts anytime	Central Government empowered to make rules on Waqf registration, accounts, and audits (CAG/ designated officer).	Increases central government control over Waqf administration.
Power to Determine Waqf	Waqf Board had authority	Provision removed; District Collector to decide on disputed properties.	Curbs the Waqf Board’s unilateral power to declare properties as Waqf.

Legislative Timeline and Future Prospects

The bill was introduced in the Lok Sabha on August 8, 2024, and referred to a Joint Parliamentary Committee, which submitted its report in February 2025.

The Union Cabinet approved the bill, and it was tabled in the Lok Sabha for discussion on April 2, 2025. The government remains confident about securing its passage in both houses.

Conclusion

The Waqf (Amendment) Bill, 2024, aims to modernize the administration of Waqf properties in India. While it introduces reforms for efficiency and transparency, concerns persist regarding government control, minority rights, and autonomy in religious endowments.

The bill’s long-term impact will depend on its implementation and the evolving legal and political landscape.

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