A Joint Parliamentary Committee (JPC) scrutinising the contentious Waqf (Amendment) Bill approved it on Monday, setting the tone for its tabling for discussion and passage during the forthcoming Budget session of Parliament.
While the panel led by BJP MP Jagadambika Pal adopted 14 amendments suggested by the ruling NDA members, all those proposed by the Opposition were rejected 10:16 by voice vote. The bill, introduced during the Monsoon session, had proposed 44 amendments to the Waqf Act, 1995.
While the Opposition was up in arms against the panel chairman for allegedly breaking rules and bulldozing the proceedings, Pal said that the amendments were put to vote democratically.
Speaking to reporters after the meeting, Pal said one of the alterations aims to empower the state government to appoint an officer to determine whether a property is Waqf or not — instead of the District Collector who was given absolute powers to do so in the proposed bill. In the Waqf Act 1995, that power is vested in survey commissioners and additional commissioners.
The panel also approved changes to another contentious provision that mandated the inclusion of two non-Muslim members in the Central Waqf Council and state Waqf Boards. It dropped the term mandatory and proposed changes in the composition of the Waqf Board by increasing it to three members, including a scholar.
Another change was on the ‘Waqf by user’ provision. While the bill knocked it off entirely, the panel approved amendments that said the ‘Waqf by user’ law will not apply retrospectively, so long as the property is registered. However, Congress MP and JPC member Imran Masood contested the proposal saying 90% of Waqf properties are not registered.
Right to appoint officer to determine whether a property is Waqf or not given to the state govt instead of the District Collector in proposed billMandatory clause to include 2 non-Muslims in Central Waqf Council and state Waqf Boards dropped. Proposes change in the composition of the Waqf Board by increasing it to three members, including a scholar.
JPC will circulate the final draft among the members on Tuesday. It will meet on January 29 to adopt. Report to be submitted to LS Speaker on January 31 and tabled in Parliament before Feb 5 Delhi polls. The Bill changes the composition of the Central Waqf Council and Waqf Boards to include non-Muslim members. The Survey Commissioner has been replaced by the Collector, granting him powers to conduct surveys of waqf properties. Government property identified as waqf will cease to be waqf. Collector will determine ownership of such properties. Finality of the Tribunal’s decisions has been revoked. The Bill provides for direct appeal to the High Court.
Waqf is managed as per Muslim law. The Bill allows and mandates non-Muslim members in State Waqf Boards and Central Waqf Council. It creates room for these bodies to majorly comprise of non-Muslim members. Similar institutions governing Hindu and Sikh endowments primarily comprise of members from their respective religions.
The Bill limits the creation of waqf to only people professing Islam for at least five years. The rationale behind such criteria is unclear. This creates a distinction between persons practicing Islam for less than five years, and those doing so for more than five years.
Waqf is a permanent dedication of property by a person for a purpose that is recognised as pious, religious or charitable by Muslim law.[1] Such purposes include: (i) maintaining mosques and graveyards, (ii) establishing educational institutions and healthcare facilities, and (iii) providing financial aid to the poor and disabled.[2]
Charitable and religious institutions fall under the Concurrent List of the Constitution.[3] Hence, both Parliament and State Legislatures have power to frame laws on it. Currently, the creation and management of waqf in India is governed by the Waqf Act, 1995.1 This Act was preceded by legislation passed in 1913, 1923 and 1954.[4] States such as Uttar Pradesh and Bengal had passed separate laws governing waqf.[5] However, these were repealed by the 1995 Act.
In India, waqf can be created through: (i) declaration of property through oral or written deed, (ii) long-term use of a land for religious or charitable purposes, or (iii) endowment upon the end of line of succession. Creator of a waqf is a wakif. It is managed by an administrator (mutawalli). As of September 2024, India has 8.7 lakh registered immovable waqf properties.[6],[7] As per the Standing Committee on Social Justice and Empowerment (2014), most states had not completed the survey of waqf properties.[8] As per the Ministry of Minority Affairs, India has the largest waqf holding in the world.7 The Sachar Committee (2006) estimated the market value of waqf properties at Rs 1.2 lakh crore.2
Out of all the registered immovable waqf properties, 7% are encroached, 2% are under litigation and the status of 50% is unknown.6 Over half of these properties are: (i) graveyards (17%), (ii) agricultural land (16%), (iii) mosques (14%), and (iv) shops (13%). States with the highest share include: (i) Uttar Pradesh (27%), (ii) West Bengal (9%), and (iii) Punjab (9%) (see Table 5 in the Annexure for state-wise distribution).6
Over the years, laws governing waqf in India have widened in scope. The 1913 Act only validated waqf deeds. This was expanded in 1923 to require mandatory registration of waqf property. In 1954, the Central Waqf Council and State Waqf Boards were instituted for better identification and management of waqf. The 1995 Act introduced: (i) Tribunals to adjudicate waqf-related disputes, and (ii) elected members and nominated scholars in Islamic theology into the Board.
Several committees have examined the state of waqf in India.[9],[10],2 They highlighted issues such as: (i) unrealised revenue potential, (ii) encroachment, (iii) poor maintenance, (iv) pendency of cases in waqf Tribunals, and (v) lack of transparency and efficiency in conducting surveys. In 2013, the Act was amended to: (i) include a definition of encroacher, (ii) expand size of the Tribunal, and (iii) establish greater oversight of Waqf Boards on the management of waqf.[11]
The Waqf (Amendment) Bill, 2024 was introduced in Lok Sabha on August 28, 2024. It amends the Waqf Act, 1995 to revise: (i) the composition of the Council and Boards, (ii) criteria for forming waqf, and (iii) powers of the Board in identifying waqf property. The Bill has been referred to a Joint Parliamentary Committee (Chair: Mr. Jagdambika Pal).
Formation of waqf: The Act allows waqf to be formed by: (i) declaration, (ii) recognition based on long-term use (waqf by user), or (iii) endowment when the line of succession ends (waqf-alal-aulad). The Bill states that only a person practicing Islam for at least five years may declare a waqf. It clarifies that the person must own the property being declared. It removes waqf by user. It also specifies that waqf-alal-aulad must not disinherit heirs, including female heirs.
Survey of waqf: Under the Act, a Survey Commissioner is appointed to conduct a preliminary survey of waqf properties. The Bill replaces the Survey Commissioner with the District Collector.
Government property as waqf: The Bill states that any government property identified as waqf will cease to be so. The Collector of the area will determine ownership in case of uncertainty, and submit a report to the state government. If deemed a government property, he will update the revenue records.
Composition of the Central Waqf Council: Under the Act, the Union Minister in-charge of waqf is the ex-officio chairperson of the Council. Members of the Council include Members of Parliament, persons of national eminence, retired Supreme Court or High Court judges, and eminent scholars in Muslim law. The Act requires that all Council members, barring the Minister, must be Muslims, and at least two must be women. The Bill removes the requirement for the MPs, former judges, and eminent persons appointed to the Council to be Muslim. It further mandates that two members must be non-Muslims.
Composition of Waqf Boards: The Act provides for the election of up to two members each from electoral colleges of a state’s Muslim: (i) MPs, (ii) MLAs and MLCs, and (iii) Bar Council members, to the Board. The Bill amends this to empower the state government to nominate one person from each of the above groups to the Board. They need not be Muslims. It adds that the Board must have: (i) two non-Muslim members, and (ii) at least one member each from Shias, Sunnis, and Backward classes of Muslims. The Act provides that at least two members must be women. The Bill mandates that two Muslim members be women.
Composition of Tribunals: Tribunals constituted under the Act comprise of: (i) a Judge of the rank equivalent to a Class-1, District, Sessions, or Civil Judge (Chairman), (ii) a state officer equal to an Additional District Magistrate, and (iii) an expert in Muslim law. The Bill removes the expert in Muslim law from the Tribunal. It changes the composition to: (i) a current or former District Court judge as its chairman, and (ii) a current or former officer of the rank joint secretary to the state government.
Appeals against orders of Tribunals: Under the Act, decisions of the Tribunal are final and appeals against its decisions in Courts are prohibited. The High Court can consider matters on its own accord, on an application by the Board, or an aggrieved party. The Bill omits provisions deeming finality to the Tribunal’s decisions. A Tribunal’s orders may be appealed in the High Court within 90 days.
The Waqf Acts of 1913, 1923, 1954 and 1995 required waqf to be created according to Muslim law.1,4 The Muslim Personal Law (Shariat) Application Act, 1937 specifies that in all questions regarding waqf, the rule on decisions where the parties are Muslims shall be the Muslim Personal Law (Shariat).[12] They are thus special laws for Muslims, in contrast with secular laws such as the Indian Trusts Act, 1882 and the Societies Registration Act, 1860, which also allow for the creation of institutions for charitable purposes.[13],[14] The Act required the bodies governing waqf to be exclusively constituted of Muslim members. The Bill amends this to require non-Muslim members in the bodies.
Waqf is part of Muslim Personal law. Allowing non-Muslim members to be a majority in institutions governing waqf may violate Article 26 of the Constitution. Article 26 provides the fundamental right for religious communities to administer and manage their own affairs. Laws governing certain other religious and charitable institutions require most Board members and administrators to belong to their religious denominations.[15],[16],[17] (See Table 2 for an illustrative set of laws).
The Waqf Act, 1995 requires the Central Waqf Council and State Waqf Boards to consist mostly of Muslims. The Bill alters their composition to mandate the presence of non-Muslim members. It also permits non-Muslim members to be in a majority in the Waqf Council and State Waqf Boards. Under the Act, four to eight members of the State Waqf Boards were elected, and four were nominated by the state government. The Bill changes this to allow the state government to nominate all Board members.
Under the Act, the Central Waqf Council is chaired by the Union Minister in charge of waqf. Barring the Minister, all members of the Council must be Muslims. The Bill removes the requirement for certain members to be Muslim. It further mandates that two members must be non-Muslims. The Bill leaves room for 12 out of 22 Council members to be non-Muslim.
The Act requires all members of state Waqf Boards to be Muslim. The Bill changes this to mandate at least two non-Muslim members and allows for seven out of 11 members to be non-Muslims.
The Act mandates that two Board members be women. The Bill amends this to mandate that two of the Muslim members be women. There is no such mandate for the non-Muslim members.
