Everything You Need to Know about The Waqf (Amendment) Bill, 2024
11 March, 2025
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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 administration of waqf properties in India. ‘Waqf’ refers to the permanent dedication of movable or immovable properties for purposes recognized as pious, religious, or charitable under Muslim law. The Bill proposes significant changes, including altering the composition of Waqf Boards and redefining the criteria for forming waqf. While some view these amendments as necessary for transparency and efficiency, others express concerns about potential infringements on religious practices. While the bill essentially seeks to curb mismanagement and corruption, detractors believe it weakens the safeguards against encroachment and that it could legitimize past wrongful claims over waqf land. These criticisms highlight the ongoing debate over whether the bill enhances governance or restricts community control over religious endowments. This article outlines the accepted amendments, examines the issues they aim to address, and analyzes the necessity of the Bill.
Analysis of the Waqf (Amendment) Bill, 2024
The management of waqf properties in India has been marred by allegations of mismanagement, lack of transparency, encroachments, and legal disputes. The Waqf Management System of India (WAMSI) portal reports that there are approximately 8.72 lakh waqf properties across 30 states and union territories. Over 19,000 cases related to waqf properties are pending in tribunals and courts, with around 5,220 cases concerning encroachments and 1,340 cases related to alienation of waqf lands. Data from 25 out of 32 State Waqf Boards (excluding Bihar (Shia), Chandigarh, Karnataka, Kerala, Odisha, Telangana and Uttar Pradesh (Sunni) from which data was not received) indicates that at least 5,973 government properties have been classified as waqf properties, leading to disputes with government agencies. Compiled reports suggest that 58,898 waqf properties are under encroachment, including instances where private and public lands have been claimed without proper documentation. One of the richest Waqf Boards is that of Telangana, which boasts of 77,000 acres of land and 35,000 institutions, worth 5 lakh crore, but due to mismanagement, its revenue is a pittance.
The absence of rigorous audits and financial reporting mechanisms has raised concerns about potential misappropriation of waqf funds.
The need for legislative reform arose due to concerns over inefficiencies in waqf property management and increased litigation. The bill aims to enhance governance, transparency, and accountability within the waqf system. The Waqf (Amendment) Bill, 2024, was introduced in the Lok Sabha on August 8, 2024, and was referred to a Joint Parliamentary Committee (JPC) on August 9, 2024, for further examination. Between September 2024 and January 2025, the JPC conducted consultations with stakeholders including state governments, waqf boards, minority groups, and legal experts. The committee submitted its report on January 30, 2025, incorporating 14 amendments. The bill was then presented in the Lok Sabha and Rajya Sabha on February 13, 2025, and is expected to be debated and passed in the second half of the Budget Session in March 2025.
The amendments proposed incorporated are as follows.
Separate Waqf Boards for Dawoodi Bohra and Aghakhani Communities
Recognizing the distinct religious practices of the Dawoodi Bohra and Aghakhani communities (minority Shia Muslim groups), the amendment proposes separate Waqf Boards for these groups who have a distinct set of doctrines and practices. This addresses the need for tailored governance structures to ensure that their waqf properties are managed in alignment with their customs.
Exclusion of Certain Trusts from the Act
The amendment clarifies that the Act does not apply to trusts established by Muslims under other laws, thus exempting specific charitable trusts. This prevents regulatory overlap and potential conflicts between different legal frameworks governing charitable organizations.
Composition of the Waqf Council
The amendment mandates the inclusion of at least two Muslim women in the Central Waqf Council and State Waqf Boards to ensure the participation and inclusion of women in decision-making processes related to waqf properties, reinforcing their role within the community. The Bill also removes the requirement for the MPs, former judges, and eminent persons appointed to the Council to be Muslim. Previously, state governments were required to appoint a Muslim CEO of at least the rank of Deputy Secretary. The amendment removes the religious requirement and raises the eligibility to the rank of Joint Secretary. This aims to professionalize waqf management by ensuring qualified and experienced individuals oversee operations, regardless of religion. While critics argue that non-Muslims overseeing Islamic endowments is inappropriate, the intent is to enhance governance and prevent insular decision-making.
Expansion of State Waqf Board Composition
The amendment ensures broader representation from Shia, Sunni, Bohra, Aghakhani, and backward Muslim communities in State Waqf Boards. It mandates that at least one member each must come from the Shia, Sunni, and backward Muslim communities. This aims to reflect the diverse demographics of the Muslim population, ensuring inclusivity in waqf property management.
Finality of Tribunal Decisions Removed
The Act previously made Waqf Tribunal decisions final, barring appeals in court. The amendment allows appeals to the High Court within 90 days. This introduces a crucial layer of judicial oversight, ensuring fairness and rectifying potential errors in tribunal rulings.
Survey and Ownership Determination of Waqf Properties
The amendment replaces the appointment of a Survey Commissioner with the District Collector for conducting waqf property surveys. Additionally, it states that any government property identified as waqf will cease to be so. If ownership is unclear, the Collector will determine it and report to the state government. If deemed government-owned, revenue records will be updated accordingly.
Government Oversight of Secular Activities of Waqf
The amendment clarifies that while religious aspects of waqf properties remain untouched, the government has regulatory authority over secular activities such as education and welfare. This ensures that waqf assets used for broader community services align with public policies and maintain accountability.
The Ministry of Minority Affairs played a crucial role in shaping the amendments by considering feedback from multiple stakeholders. One of the key changes was clarifying the definition of waqf, ensuring that a waqf can only be created by a Muslim who has been practicing Islam for at least five years, providing better documentation and legal clarity. To enhance transparency, a central portal for waqf registration, auditing, and financial management has been proposed. The 2024 Bill states that six months following the law’s commencement, no suit, appeals or legal proceedings can be filed by waqfs if they are not registered under the aforementioned central portal. Additionally, the bill removes the provision of ‘Waqf by User,’ preventing unauthorized claims over government and private lands. The composition of Waqf Boards has also been diversified to include professionals with expertise in law, finance, and administration, aiming for better governance.
Despite claims of inadequate consultation and allegations that the bill undermines the religious freedom of the Muslim community, substantial evidence suggests otherwise. The consultation process for the bill involved extensive engagement with community leaders, legal experts, and religious organizations. The study visits conducted by the JPC provided a platform for discussions with waqf board representatives, state officials, and other stakeholders. In fact, the Joint Parliamentary Committee (JPC) conducted 36 sittings and undertook three study visits across multiple cities, gathering input from 284 stakeholders, 25 state waqf boards, 15 state governments, and five minority commissions. Additionally, over 9.27 million memoranda were submitted and reviewed, reflecting an unprecedented level of public participation. The Joint Parliamentary Committee (JPC) itself is chaired by BJP MP Jagdambika Pal and comprises 30 members—20 from the Lok Sabha and 10 from the Rajya Sabha, including representatives from various political parties, and diverse backgrounds. The committee features eight Muslim members including Asaduddin Owaisi, Imran Masood, etc. The presence of MPs from diverse backgrounds, including legal experts and those with experience in minority affairs, ensures a comprehensive review of the bill. The committee has actively engaged with multiple stakeholders through extensive consultations, study visits, and public hearings to incorporate diverse perspectives in its deliberations before submitting its extensive 944-page report.
While some opposition voices have framed the amendments as an assault on waqf institutions and religious and constitutional freedoms, a closer examination of the bill reveals that it does not interfere with religious aspects of waqf but instead seeks to improve governance and protect waqf properties from fraudulent claims, encroachments and mismanagement. The Ministry of Minority Affairs has repeatedly clarified that the bill does not confiscate waqf properties but rather fortifies their governance. Asaduddin Owaisi, the bill’s most vocal critic, made incendiary remarks in Parliament, warning that the law would lead to “social instability in the country” and issuing alarmist, propagandist statements designed to provoke the Muslim community, such as the claim that “no waqf property will be left.”
Several stakeholders, including MPs and organizations like the All-India Muslim Personal Law Board, Jamiat-e-Ulema-e-Hind, and Jamaat-e-Islami Hind, have strongly opposed the bill, arguing that it violates constitutional provisions such as Articles 14, 15, 25, 26, and 300A of the Constitution of India, which encompass equality, non-discrimination, religious freedom, and property rights. One of the most controversial aspects is the shift from elected Waqf Board members to government-appointed nominees, which opponents claim reduces Muslim representation and gives the government excessive control over waqf assets. While the government argues that removing the ‘Waqf by User’ provision will prevent unauthorized claims, critics contend that it weakens protections for waqf properties that have historically been recognized under this category.
The bill introduces several mechanisms to curb corruption and improve efficiency. Waqf Boards must submit periodic reports on their activities and financial transactions. The finality of tribunal decisions has been removed, allowing appeals in High Courts for greater judicial scrutiny and provides a safeguard against potential misjudgments, thereby strengthening the legal oversight of waqf property disputes. The possibility of the appointment of a CEO belonging to any community ensures merit-based governance rather than political or religious favoritism or fanaticism. Financial audits and transparent accounting practices will be enforced to curb fund misuse.
Additionally, the bill seeks to address long-standing concerns regarding the arbitrary declaration of waqf properties. By requiring documentary proof for waqf claims, the legislation aims to prevent disputes over land ownership and protect both private and public lands from wrongful claims. The removal of ‘Waqf by User’ is a crucial step in ensuring that properties are only classified as waqf through a proper legal process, preventing unnecessary litigation and confusion over land records.
The response from state waqf boards regarding the proposed amendments has been mixed. The Telangana Waqf Board has been one of the most vocal opponents, arguing that the bill undermines the autonomy of waqf institutions and allows excessive government intervention. Similarly, the Kerala and Uttar Pradesh Waqf Boards have raised concerns about the inclusion of non-Muslims in waqf management, stating that this contradicts established religious and legal precedents. On the other hand, the Delhi Waqf Board has supported certain provisions, particularly those aimed at improving transparency and accountability, while also welcoming the reduction in waqf contributions from 7% to 5%. The Joint Committee’s report reflects these divergent views, showing that while some stakeholders see the bill as a necessary reform, while some believe it threatens the traditional framework of waqf governance.
Ultimately, the Waqf (Amendment) Bill, 2024, represents a necessary reform that balances the need for increased oversight with the preservation of waqf institutions. By strengthening transparency, financial accountability, and legal safeguards, the bill ensures that waqf properties can be effectively managed for the benefit of the community while minimizing conflicts and inefficiencies and malaise prevalent in the current system.