Setting the stage for a major showdown between the government and the Opposition, the Lok Sabha will take up the contentious Waqf (Amendment) Bill for discussion and will be passed today, on Wednesday, with an eight-hour-long debate allocated for its deliberation.
While the government is determined to push the bill through, the Opposition condemned it and called it “unconstitutional”. The government requires a simple majority of 272 votes, which should be smooth for the NDA with 293 MPs.
Major BJP allies like the Telugu Desam Party (TDP), Janata Dal (United), and Chirag Paswan-led LJP (Ramvilas), who had initial reservations, have now extended support after the joint parliamentary committee adopted some of their suggestions. The BJP has 240 MPs, JD(U) 12, and TDP 16 and other smaller parties like Shivsena etc. The government has received a boost after the Kerala Catholic Bishops Council (KCBC) urged MPs from the state to support the Waqf bill, especially putting tremendous pressure on Christian MPs from the Kerala Congress, to be or not to be. Close on the heels of an appeal by the Kerala Catholic Bishops’ Council’s (KCBC) for political support on the Waqf Amendment Bill, Catholic Churches-run daily “Deepika” has issued a strong warning to parliamentarians from Kerala that “future generations will hold you accountable” if they fail to back the legislation. After Kerala Catholic body, Ajmer Dargah chief Haji Syed Salman Chishty came out in support of the Waqf Amendment Bill. “In the social and diverse fabric of India’s religious and socio-economic landscape, the Waqf stands as one of the most significant, yet underutilised, institutions. This statutory entity, steeped in Islamic spiritual tradition, holds the potential to transform the socio-economic conditions of the Muslim community. However, despite its profound heritage and substantial landholdings, the Waqf has been hampered by inefficiencies, mismanagement, and a lack of transparency,”
The objective of the Waqf (Amendment) Bill, 2024, is to amend the Waqf Act, 1995, to redress the issues and challenges in regulating and managing Waqf properties. The Amendment Bill seeks to improve the administration and management of Waqf properties in India.
The Waqf Act of 1995, enforced by the Central Government, currently regulates Waqf properties. The Waqf Act applies only to one religion, while no similar law exists for others. A PIL (Public Interest Litigation) has been filed in the Delhi High Court, questioning whether the Waqf Act is constitutional. The Delhi High Court has asked the Central Government to respond to this issue.
In simple terms, a waqf is a charitable or religious donation, mostly in the form of property, made by Muslims. Most of these donations are made without valid documentation. The proceeds from such donations are used to maintain mosques, and graveyards and fund madrasas and orphanages.
The Waqf (Amendment) Bill, 2024 introduces several changes to the Waqf Act, 1995, aiming for improved governance, transparency, and inclusivity in Waqf management. Below are the key differences:
| Category | Waqf Act, 1995 | Waqf Amendment Bill, 2024 |
| Name of the Act | The Waqf Act, 1995 | Renamed Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995 |
| Formation of Waqf | Allowed by declaration, user, or endowment (Waqf-alal-aulad) | Removes Waqf by user; only declaration or endowment allowed. Donors must be practicing Muslims for 5+ years. Cannot deny female inheritance. |
| Government Property as Waqf | No clear provision | Government properties identified as Waqf cease to be Waqf. Disputes resolved by the Collector, who reports to the state. |
| Power to Determine Waqf | Waqf Board had authority | Provision removed. |
| Survey of Waqf | Conducted by Survey Commissioners and Additional Commissioners | Collectors empowered to conduct surveys as per state revenue laws. |
| 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. The following members must be Muslims: Representatives of Muslim organisations, Scholars in Islamic law, Chairpersons of Waqf Boards. Of the Muslim members, two members must be women. |
| 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. |
| Tribunal Composition | Led by a judge, included Additional District Magistrate & Muslim law expert | Muslim law expert removed; includes District Court judge (chairman) and a joint secretary (state government). |
| Appeal on Tribunal Orders | High Court intervention only under special circumstances | Appeals allowed to High Court within 90 days. |
| 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). |
| Separate Waqf Boards for Sects | Separate boards for Shia & Sunni (if Shia Waqf >15%) | Also allows Bohra & Agakhani Waqf boards. |
