The Union Cabinet, led by Prime Minister Narendra Modi, has approved the Waqf (Amendment) Bill, incorporating changes recommended by a Joint Parliamentary Committee (JPC). This significant development paves the way for the bill to be tabled in the upcoming second half of the Parliament’s budget session, scheduled from 10 March to 4 April 2025.
The Waqf (Amendment) Bill, initially introduced in August 2024, proposes 44 changes to laws governing central and state Waqf boards, which manage Muslim charitable properties across India. After facing opposition, the bill was referred to a JPC headed by BJP MP Jagdambika Pal. The committee tabled its final report in Parliament on 13 February 2025, amid protests from opposition parties.
Key Amendments
The bill introduces several significant changes to the existing Waqf Act of 1995. One of the most contentious amendments is the elimination of the concept of “Waqf by use”, which previously allowed properties like mosques or graveyards, continuously used for religious purposes, to be recognised as Waqf even without formal documentation. The new amendment now requires an official Waqf deed (Waqfnama) for properties to be recognised as Waqf, potentially affecting historic sites lacking formal records.
Other notable changes include:
– Allowing non-Muslim CEOs for State Waqf Boards.
– Mandating the inclusion of at least two non-Muslim members in each state board.
– Limiting donations to Muslims who have been practising for at least five years, sparking debate over the definition of a ‘practising Muslim’.
– Transferring the authority to determine if a property qualifies as ‘waqf’ from the District Collector to a state-appointed officer.
– Revoking the Waqf Council’s ability to claim land under the new rules.
The bill also proposes changes to the composition of the Central Waqf Council, including the nomination of non-Muslim members, a Union Minister, three MPs, and four people of ‘national repute’.
Supporters of the bill argue that these reforms will enhance governance, curb encroachments, and prevent misuse of Waqf properties. The government claims the changes aim to empower Muslim women and children who have “suffered” under the old law.
However, critics, including opposition leaders, view the bill as a “direct attack on freedom of religion”. They argue that it erodes the autonomy of Waqf institutions, centralises control, and marginalises the Muslim community.
Parliamentary Process
The JPC’s report, which forms the basis of the Cabinet-approved bill, was adopted with 15 votes in favour and 14 against. The committee had 16 MPs from the BJP and its partners, and only 10 from the opposition. Out of 66 changes proposed by JPC members, all 44 from the opposition were rejected, while 23 from BJP and allied party MPs were accepted.
The Cabinet’s approval of the bill, incorporating 14 alterations made by the JPC, sets the stage for its introduction in Parliament. The government is likely to table the revised bill for discussion and passage in the second half of the budget session.
As the largest Waqf property holder in the world, with an estimated 8.7 lakh properties spanning 9.4 lakh acres across India valued at approximately 1.2 lakh crores, the implications of this bill are far-reaching. It remains one of the most closely watched pieces of legislation in the ongoing Parliamentary session, with potential long-term impacts on religious property management, legal governance, and socio-political dynamics in India.
