March 9, 2025
New Delhi: The Waqf (Amendment) Bill, 2024, has emerged as one of the most contentious legislative proposals in India’s recent parliamentary history. Introduced in the Lok Sabha on August 8, 2024, by Union Minister for Minority Affairs Kiren Rijiju, the bill seeks to overhaul the Waqf Act of 1995, which governs the administration of Waqf properties—endowments made by Muslims for religious, charitable, or community purposes. As the second half of the Budget Session resumes on March 10, the revised bill, incorporating 14 changes recommended by a Joint Parliamentary Committee (JPC), is poised to spark heated debates in Parliament and beyond.
The Genesis of the Bill
The Waqf Act, last amended in 2013, has long been criticized for issues such as mismanagement, corruption, and encroachments on Waqf properties, which are estimated to span over 8.7 lakh assets across India. The 2024 amendment bill aims to address these challenges by introducing greater transparency, accountability, and inclusivity in the functioning of Waqf boards. Key provisions include mandating the inclusion of at least two non-Muslim members in state Waqf boards, transferring the authority to determine Waqf property status to district collectors or government officials, and streamlining property registration through a centralized portal.
The bill was referred to a JPC, chaired by BJP MP Jagdambika Pal, following its introduction last year. After months of nationwide consultations and intense deliberations, the committee tabled its report in both houses of Parliament on February 13, 2025, amid uproar from opposition parties. The Union Cabinet approved the revised bill last week, setting the stage for its reintroduction in the ongoing session.
What’s New in the Bill?
The amended bill proposes sweeping changes to the governance of Waqf boards. Among the most notable alterations is the requirement for representation of Muslim women and non-Muslims in these bodies, a move the government claims will enhance diversity and fairness. Additionally, the bill eliminates the "Waqf by User" provision for future designations, though existing registered Waqf properties under this category will remain recognized. The shift in survey authority from Waqf boards to district collectors is another significant reform, aimed at reducing disputes over property ownership and ensuring impartial oversight.
The government argues that these changes will benefit marginalized sections of the Muslim community, including the poor, Pasmandas (backward Muslims), and widows. JPC Chairman Jagdambika Pal has defended the bill, stating, “When the new Waqf Bill comes, it will lead to benefits, just as the Triple Talaq Bill did.” The ruling Bharatiya Janata Party (BJP) has positioned the legislation as a progressive step toward modernizing an outdated system.
Opposition’s Outcry
However, the bill has faced fierce resistance from opposition parties and Muslim organizations. Critics, including the All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi, have labeled it an attack on the constitutional rights of Muslims and an attempt to erode the autonomy of Waqf institutions. Owaisi, who submitted a 231-page dissent note to the JPC, has warned that the amendments could “destroy the Waqf Board” and lead to social instability if passed in its current form. He has questioned the inclusion of non-Muslims in Waqf governance, pointing to laws like the Tamil Nadu Hindu Religious and Charitable Endowments Act, which restrict non-Hindus from managing Hindu religious bodies.
Opposition MPs have also accused the JPC of bias, alleging that their 44 proposed amendments were summarily rejected while all changes suggested by NDA members were accepted. The tabling of the JPC report in February saw dramatic scenes in Parliament, with opposition leaders like Mallikarjun Kharge claiming that their dissent notes were initially excluded, only to be restored after protests. The controversy escalated further when opposition MPs walked out of the Lok Sabha, accusing the government of rushing the bill without adequate consultation.
Muslim groups, including the All India Shia Personal Law Board and the All India Muslim Personal Law Board (AIMPLB), have vowed to challenge the bill in the Supreme Court if it becomes law. Legal experts argue that it may violate Article 26 of the Constitution, which guarantees religious communities the right to manage their own affairs.
A Polarized Debate
The Waqf Amendment Bill has exposed deep fault lines in India’s political landscape. For the BJP-led NDA, it is a reformative measure to correct historical inefficiencies and empower marginalized Muslims. BJP leader Mohsin Raza has accused the opposition of evading discussion because “they were the ones who made wrong laws and occupied the lands.” On the other hand, the opposition INDIA bloc sees it as an ideological overreach, with Owaisi questioning the government’s intentions: “What is the need to chant ‘Jai Shree Ram’ slogans when the report is being tabled in Parliament? What does this tell the nation?”
As Parliament prepares to take up the bill, its fate remains uncertain. The NDA holds a majority in the Lok Sabha, but the Rajya Sabha—where it lacks a clear edge—could prove a tougher battleground. Opposition parties are banking on their numbers in the upper house to stall or amend the legislation, while simultaneously preparing for a legal showdown.
The Road Ahead
With the Budget Session resuming tomorrow, all eyes are on how the Waqf Amendment Bill will unfold. Will it herald a new era of transparency in Waqf governance, as the government claims, or will it deepen mistrust among India’s Muslim community, as its detractors fear? For now, the bill remains a litmus test of India’s delicate balance between reform and religious autonomy—a debate that is far from settled.