Implementation of Amended Waqf Act Remains a Big Challenge
By Kalyani Shankar
There is a lot of concern about the Waqf Property Amendment Bill 2025, which the Lok Sabha passed on Wednesday. This controversial bill updates the 1995 Waqf Act and gives the Central Government more control over waqf properties. The Rajya Sabha cleared it the next day. President Draupadi Murmu gave her asset last week end converting it into a law.
Waqf is the dedication of movable or immovable property for the purposes of Islam and holds a significant place in history. They include mosques, madrassas, shelter homes, and thousands of acres of land donated by Muslims. They are managed by boards, and some are facing challenges due to encroachment on their properties.
The Waqf Amendment Bill 2025 (UMEED) introduces key changes to enhance transparency, accountability, modernisation and efficiency. It includes provisions for non-Muslim representation, streamlined processes, and financial reforms. These changes involve preventing encroachment and ensuring resources are used for the community’s welfare.
The amendment gives the Waqf Tribunal much flexibility because it does not state the “sufficient cause” for a delay. It also sets the maximum time for an extension and outlines the steps to request.
The ruling NDA coalition strongly defended the legislation as beneficial for minorities. Prime Minister Narendra Modi claimed, “The legislation passed by the Parliament will boost transparency and also safeguard people’s rights,” he wrote in X.
The Government says the 1995 law has some loopholes concerning regulating Waqf properties, title disputes, and the illegal occupation of Waqf land. Suppose the Government does not bring this bill, the Parliament building and airport will be claimed as waqf properties,” Minister Rijuju said. This context helps us understand the specific issues the amendment aims to address.
The opposition described it as an anti-Muslim measure during the debate in Parliament this week that lasted about 12 hours. Congress President Mallikarjun Kharge said that while 288 members voted in favour of the bill in the lower house, 232 opposed it. Modi said
“From this, we can guess that despite opposition from various parties, this bill was brought arbitrarily.” This diversity of opinions reflects the complexity and importance of the issue.
Congress member Imran Masood asked the Government how it would define a “practising Muslim”. He asked, “What is your definition? All Muslims do not offer namaz five times, and all Muslims do not observe roza. What will be the criteria?”
Muslim groups have argued that the WAKF bill aims to weaken waqf laws. They hold that the law infringes on minorities’ constitutional rights. It will undermine religious freedom under Articles 14, 25, 26, and 29. They also opposed the increased government control and lack of broader consultation. These concerns highlight the potential negative impact of the bill on the Muslim community and the need for further discussion and consultation.
Opposition parties, led by Congress, believe that it gives the Government too much power and suggests many changes to the current law. Speaking in the Lok Sabha, Congress leader Gaurav Gogoi said the bill would “dilute the Constitution, defame minority communities, divide Indian society and disenfranchise minorities.”
Union Minister Amit Shah defended the bill, saying that the opposition was scaring minorities by creating “an illusion that this bill would interfere in the religious activities of Muslim brothers and in their donated property.” The Government claims the bill will make managing waqf properties more transparent.
The bill was first introduced in Parliament in August last year. Due to strong opposition, it was sent to a joint parliamentary committee (JPC). The Minority Affairs Minister Kiren Rijiju presented a revised version that includes 25 changes suggested by the committee. The JPC had both opposition and ruling party members.
Supporters claim that waqf boards are some of India’s largest landowners. There are at least 872 51 waqf properties, which cover over 940,000 acres. These properties are valued at around 1.2 trillion rupees, or about $14.22 billion.
A concerning amendment for Muslims allows the Government to appoint two non-Muslim members to state-level waqf boards. This changes the usual makeup of waqf boards, which usually include only Muslims because waqf institutions are based on Islamic law.
One significant aspect of the amendment is that it gives the Waqf Tribunal much flexibility, as it does not specify what constitutes “sufficient cause” for a delay. The J C accepted an amendment from BJP MP Abhijit Gangopadhyay, which states that the appointed government official must be a Joint Secretary-level with expertise in waqf matters. This ensures that the board includes knowledgeable representatives.
The amended bill retains the provision for non-Muslim representation on waqf boards. Still, it balances this with a requirement for Islamic legal expertise on the Tribunal. This represents a compromise between the different parties involved.
The Waqf (Amendment) Bill, now an Act, is a critical milestone. Still, its success will ultimately depend on careful execution, stakeholder engagement, and fairness for all communities. (IPA Service)
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