Reforming the WAQF: Parliament Clears the WAQF (Amendment) Bill 2025
Asia News Agency
Parliament Friday cleared the Waqf (Amendment) Bill 2025, after nearly 14-hour debate in Rajya Sabha by 128 members voting in favour and 95 against. The government maintained that the law is not directed against the Muslims, instead it only aims to bring transparency in the administration of Waqf properties, while the Opposition alleged that it was aimed at reducing Muslims as ‘second-class citizens’ and questioned both ‘intent and content’ of the bill.
The Lok Sabha had earlier cleared the Bill Thursday with a majority of 288 votes against 232.
All political parties from Jammu and Kashmir, except the BJP, opposed the Bill in the Lok Sabha, saying it is intended to disempower Muslims and only target one religion. Chief Minister Omar Abdullah said that the Bill is not acceptable to his party.
Union Home Minister Amit Shah, while intervening in a debate in the lower house emphasised the Waqf Board’s critical role in ensuring accountability and preventing financial mismanagement. Prior to voting, the Union Parliamentary Affairs Minister Kiren Rijiju firmly defended his government against allegations of targeting the Muslim community and fostering divisions.
Congress to challenge the Bill in the Supreme Court
The Congress party Friday announced that it will challenge the Wakf (Amendment) Bill in the Supreme Court. Congress has vehemently opposed the Bill in both Houses of Parliament. The party has claimed that it was an attack on the basic structure of the Constitution and was aimed a ‘polarising’ and ‘dividing’ the country on the basis of religion.
Congress chief Mallikarjun Kharge has said the bill has flaws, as has been proven by the voting in the Lok Sabha, where 232 members voted against it.
The Waqf institution
The Waqf is one of the most significant, yet underutilised, institutions, writes Haji Syed Salman Chishty (Chairman of the Chishty Foundation– Ajmer Sharif as the Managing Trustee and Chairman for the last 8 years and is also the Founding member along with other elders of the Chishty Sufi Family). “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.
“It is indeed paradoxical that the Waqf, as the third largest landowning entity in India, presides over a community that continues to struggle with issues of education, healthcare, and socio-economic upliftment. The very purpose of Waqf, which was established centuries ago, was to serve the welfare of Muslims through the creation and maintenance of public goods such as schools, hospitals, libraries, and other charitable institutions. The fact that such a vast resource base is not being leveraged effectively for the betterment of the community has been a cause for grave concern for many decades.”
The Waqf (Amendment) Bill
This is the backdrop to the proposed Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Bill, also called the Waqf (Amendment) Bill, 2024. The reforms proposed in the Bill “are crucial, as they acknowledge the widespread consensus within the Muslim community regarding the misuse of Waqf properties by ‘mutawallis’ (custodians)……”
Outdated rental structure for Waqf-owned properties
One of the most glaring issues with the current Waqf system, writes Chishty “is the outdated rental structure for Waqf-owned properties. Many of these properties are rented out at rates fixed decades ago, often as far back as the 1950s. Not only are these rents absurdly low in today’s market, but even the meagre amounts due are often not collected regularly. This situation is compounded by allegations of illegal sales and squandering of Waqf assets, which have significantly eroded the potential revenue that could have been used for community welfare…..”
Potential for revenue generation
The Sachar Committee Report, 2006, estimated that the Waqf could generate an annual income of ₹12,000 crore from its properties. However, surveys by the Ministry of Minority Affairs reveal that the actual number of Waqf properties exceeds 8.72 lakh. Today, factoring in inflation and revised estimates, the potential income could be as high as ₹20,000 crore annually. Yet, the actual revenue generated remains a paltry ₹200 crore.
The “potential for revenue generation and investment in community welfare is enormous. If managed efficiently, Waqf properties could fund the establishment of world-class institutions — schools, universities, hospitals, and more — that serve not only the Indian Muslim community, but society at large….”
The Waqf, concludes Chishty “is too important an institution to fail. It holds the key to unlocking the potential of the Muslim community, not only in terms of socio-economic development but also in fostering a spirit of inclusivity and excellence….”
5 key concerns
The Bill amends the Waqf Act,1995, which governs the management of Waqf properties in India. It proposes sweeping changes which give the government a foot in the door in regulating Waqf properties, and settling disputes regarding such properties.
Apurva Vishwanath (National Legal Editor of The Indian Express) identifies five key concerns of the Opposition and the critics.
Why amend the law?: The primary objection to the Waqf Bill, 2025 is framed in questioning the need for bringing a new law that changes the way Waqfs are managed Muslims feel the Bill’s objective is to weaken the foundations of Waqf governance and to undermine the rights of Muslims
Possible govt interference: A major criticism of the opponents of the Bill is that it gives the government a handle to regulate the management of Waqf properties, and the power to determine whether a property is a Waqf.
Survey of properties: The 1995 Act prescribes a survey of Waqf properties by a Survey Commissioner appointed by the state government. The amendment Bill replaces the Survey Commissioner with the District Collector.
Representation on Boards: Another criticism of the Bill is that it changes the representation of Waqf Boards. The Bill proposes allowing a non-Muslim Chief Executive Officer, and at least two non-Muslim members to be appointed by the state government to the Waqf Boards at the state level. Critics of the Bill argue that this could interfere with the community’s right to manage its own affairs, a constitutionally protected right.
Application of Limitation Act: The Bill proposes to delete Section 107 of the 1995 law that had made the Limitation Act, 1963 inapplicable to Waqf properties. The Limitation Act is a statutory bar on individuals from filing cases after a period of time. Essentially, this provision ensured that the Waqf Board is not limited by the statutory timeframe of 12 years to file a case to reclaim its properties from encroachment.
