THE WAQF BOARD 

The Waqf (Amendment) Bill, 2024: A Legislative Chronicle

In the annals of India's legislative history, the Waqf (Amendment) Bill, 2024, stands as a significant milestone, reflecting the evolving dynamics of governance, minority rights, and property management. This narrative delves into the essence of the Waqf Board, the trajectory of its property acquisitions over the years, the leadership steering its course, the profound impact on communities, and the intricate journey of the bill's passage through the parliamentary corridors.​

Genesis of the Waqf Board

The term 'Waqf' refers to the dedication of property for religious or charitable purposes under Islamic law, rendering it inalienable and perpetually utilized for the intended philanthropic objectives. In India, the management and oversight of such properties are entrusted to Waqf Boards established across various states. Collectively, these boards administer approximately 8.7 lakh properties spanning over 9.4 lakh acres, with an estimated value of ₹1.2 lakh crore, positioning them as the third-largest landowners in the nation, following the Railways and the Defence Ministry. ​

Chronicle of Property Acquisitions

Over the decades, the Waqf Boards have systematically cataloged and managed properties endowed for religious and charitable purposes. While comprehensive year-by-year data on property acquisitions is not readily available, the cumulative figures underscore the expansive scale of Waqf assets. The management of these properties has been pivotal in supporting various community services, including education, healthcare, and social welfare programs.

Number of properties acquired by Waqf

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Leadership at the Helm

The Central Waqf Council, functioning under the Ministry of Minority Affairs, provides overarching guidance to the state Waqf Boards. As of August 2024, the Union Minister for Minority Affairs, Kiren Rijiju, presided over the council's activities, playing a crucial role in steering policy decisions and legislative initiatives pertinent to Waqf properties. ​

Impact on Communities

The administration and utilization of Waqf properties have profound implications for the Muslim community in India. These assets fund a myriad of charitable activities, including the operation of educational institutions, healthcare facilities, and support for underprivileged segments. Efficient and transparent management of Waqf properties is vital for the socio-economic upliftment of the community, ensuring that the original philanthropic intentions of the donors are honored and effectively realized.​

The Legislative Odyssey of the Waqf (Amendment) Bill, 2024

The Waqf (Amendment) Bill, 2024, introduced in the Lok Sabha on August 28, 2024, sought to amend the Waqf Act of 1995 with several key objectives:

• Redefining Waqf Formation: The bill stipulated that only individuals practicing Islam for a minimum of five years and possessing ownership of the property could declare a Waqf, thereby eliminating the concept of 'waqf by user.'

• Survey and Administration: It proposed replacing the Survey Commissioner with the District Collector for conducting preliminary surveys of Waqf properties, aiming to enhance administrative efficiency.

• Composition of Waqf Bodies: The bill recommended the inclusion of non-Muslim members in the Central Waqf Council and state Waqf Boards, a move intended to foster inclusivity but met with considerable opposition from various quarters.

The bill's introduction ignited a firestorm of debate. Proponents argued that the amendments would usher in transparency and curtail corruption within Waqf institutions. Conversely, critics contended that the inclusion of non-Muslims in Waqf governance structures infringed upon the religious autonomy of the Muslim community and contravened Islamic principles mandating that Waqf properties be managed by Muslims. ​

Despite the contention, the bill traversed the parliamentary process, buoyed by the majority support from the ruling coalition. It was subsequently referred to a Joint Parliamentary Committee for further deliberation, reflecting the complexities inherent in balancing legislative reforms with cultural and religious sensitivities. 

Passage of the Waqf (Amendment) Bill, 2024: A Legislative Overview

The Waqf (Amendment) Bill, 2024, introduced by Minority Affairs Minister Kiren Rijiju on August 8, 2024, sought to amend the Waqf Act of 1995. The bill proposed significant changes, including the inclusion of non-Muslim members in Waqf Boards and granting the government authority to regulate Waqf properties.

Lok Sabha Proceedings

In the Lok Sabha, the bill was passed on April 3, 2025, with 288 votes in favor and 232 against. The ruling Bharatiya Janata Party (BJP) garnered support from its National Democratic Alliance (NDA) allies, notably the Janata Dal (United) (JD(U)), Telugu Desam Party (TDP), and Shiv Sena. These parties endorsed the bill, emphasizing its potential to enhance transparency and inclusivity within Waqf institutions. ​

Conversely, opposition parties, including the Indian National Congress, voiced strong objections. They argued that the bill infringed upon the constitutional rights of Muslims and could lead to the seizure of historically significant religious properties lacking formal documentation. ​

Rajya Sabha Proceedings

Following its passage in the Lok Sabha, the bill was presented in the Rajya Sabha, where it was passed on April 4, 2025, with 128 votes in favor and 95 against. The debate was marked by intense opposition, with members alleging that dissenting notes were omitted from the Joint Parliamentary Committee's report. Despite these protests, the bill secured approval, reflecting the BJP-led coalition's legislative strength. ​

Current Status

As of April 5, 2025, the Waqf (Amendment) Bill, 2024, awaits presidential assent to become law. The bill's passage underscores the complex interplay of governance, minority rights, and property management in India's legislative landscape.

Epilogue

The passage of the Waqf (Amendment) Bill, 2024, encapsulates the intricate interplay between governance, community rights, and legislative reforms in India's pluralistic society. While the bill aims to modernize and streamline the management of Waqf properties, it also underscores the imperative of inclusive dialogue and sensitivity towards the cultural and religious fabrics that constitute the nation's diverse tapestry.

~  KEVIN