People offer ‘namaz’ at a mosque administered by Waqf Board, on the day of tabling of the Waqf (Amendment) Bill in the Lok Sabha, in Srinagar, on April 2, 2025.
| Photo Credit: PTI
Union Minority Affairs Minister Kiren Rijiju tabled the Waqf (Amendment) Bill in the Lok Sabha on Wednesday (April 2, 2025), amid uproar by the Opposition.
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Initially introduced in Parliament last year, the Bill was referred to a Joint Parliamentary Committee (JPC) chaired by BJP MP Jagdambika Pal for scrutiny. The committee submitted its report on February 13, 2025, receiving the Union Cabinet’s approval six days later. However, Opposition MPs on the panel objected to the rejection of their proposed amendments and alleged that their dissenting notes had been redacted from the report without their consent.
The new Bill, which was tabled along with repealing the 2024 version, seeks to amend the Waqf Act, 1995, which governs the administration of waqf properties in India. It proposes sweeping reforms that would expand the government’s role in regulating waqf properties and adjudicating disputes related to them.
A look at the key changes proposed in the revised Bill:
Retention of ‘Waqf by user’ doctrine
The original version of the Bill abolished the concept of “waqf by user” — a doctrine rooted in Islamic legal traditions that recognised properties as religious or charitable endowments based on their uninterrupted communal use, even in the absence of formal documentation. Historically, numerous mosques, graveyards, shrines, and other religious sites were established through oral declarations or customary practices, with their waqf status legitimised by continuous public usage over generations.
The JPC report warned that dismantling this doctrine could destabilise the legal standing of “waqf by user” properties, many of which have been informally managed by local communities for decades.
However, the revised Bill now clarifies that “waqf by user” properties registered on or before the law’s commencement will retain their status unless disputed or designated as government property. This amendment seeks to assuage concerns that the law’s retrospective application could strip existing “waqf by user” properties of their protected status overnight.
Nonetheless, apprehensions persist regarding the provision requiring an individual to “show or demonstrate that he has been practicing Islam for at least five years” to establish a waqf, as it risks excluding potential donors. This criterion automatically disqualifies recent converts who may wish to contribute.
Inclusion of ‘non-Muslims’ in waqf institutions
The new Bill retains provisions allowing non-Muslims to be appointed to key waqf institutions, including the Central Waqf Council, State Waqf Boards, and waqf tribunals. It empowers the Centre to nominate three Members of Parliament — two from the Lok Sabha and one from the Rajya Sabha — to the Central Waqf Council without mandating that they be Muslims. Similarly, the Bill permits the appointment of a non-Muslim Chief Executive Officer and mandates that state governments appoint at least two non-Muslim members to the Waqf Boards.
However, the revised Bill has incorporated a recommendation from the JPC that the State government official who is part of the Waqf Board shall be a Joint Secretary-level officer “dealing with Waqf matters”.
The composition of waqf tribunals has also been revised, expanding them from a two-member to a three-member body. Under the revised framework, each tribunal will comprise a district judge, a joint secretary-level officer from the State government, and an expert in Muslim law and jurisprudence. Additionally, it clarifies that tribunals constituted before the Act’s enactment will continue to function until the tenure of their chairperson and members expires.
Critics have argued that these changes could encroach upon the community’s constitutionally protected right to manage its own religious affairs. However, the government has maintained that the inclusion of non-Muslims in waqf institutions is intended to enhance expertise and transparency without undermining community representation.
Power reposed in ‘designated officers ’
Under the previous version of the Bill, the district collectors or officers of equivalent rank were authorised to conduct surveys of waqf properties. However, based on the JPC’s recommendations, the amended Bill now mandates that senior officers above the rank of district collectors conduct these surveys, particularly in cases where government ownership is disputed.
Additionally, the revised Bill designates these senior government officers as the final arbiters in such matters, replacing the waqf tribunals prescribed under the 1995 Act. It also stipulates that a disputed property cannot be classified as waqf property until the officer submits the final report. If the designated officer determines that a property belongs to the government, they must update the revenue records and submit a report to the State government, which will then direct the Waqf Board to amend its records accordingly.
The government’s rationale for implementing this crucial change and centralising decision-making within the state bureaucracy is the alleged misuse of waqf laws. During parliamentary proceedings, Mr. Rijiju criticised the UPA government’s decision to transfer 123 waqf properties in the capital to the Delhi Waqf Board in the final days of its tenure. The Centre had previously constituted a committee to reassess this decision.
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Registration of waqf properties
To enhance the accuracy of waqf property records, the revised Bill retains provisions for establishing a centralised registration system. Under this system, all information regarding waqf properties must be uploaded to a designated portal within six months of the law’s enactment. Additionally, any new waqf property registrations must be submitted exclusively through this portal to the respective Waqf Boards.
However, the revised Bill introduces a concession allowing the concerned waqf tribunal to extend the six-month deadline. If a muttawali (custodian) submits an application demonstrating sufficient cause for failing to file the property details within the stipulated period, the tribunal may grant an extension for a duration it deems appropriate.
Application of Limitation Act
The Bill seeks to repeal Section 107 of the 1995 Act, which had rendered the Limitation Act, 1963, inapplicable to waqf properties. Notably, this provision was absent from the earlier version of the Bill. The Limitation Act imposes a statutory bar on initiating legal proceedings after a prescribed period. Section 107 effectively exempted waqf boards from the 12 year limitation period for reclaiming encroached properties.
Opposition leaders, including AIMIM chief Asaduddin Owaisi, have contended that removing this exemption would enable individuals who have unlawfully occupied waqf properties for over 12 years to claim ownership through adverse possession.
Published – April 02, 2025 05:44 pm IST