The Waqf (Amendment) Bill, set to be tabled in Parliament, is shaping up to be a flashpoint for political confrontation, with both the ruling NDA and opposition gearing up for a showdown. The bill, which seeks to amend the Waqf Act of 1995, has already sparked significant debate, both within Parliament and among Muslim organizations. While the government is confident that the bill will pass smoothly due to its majority, the opposition, especially Congress, has vowed to resist it, citing concerns over its potential impact on Muslim community rights and religious freedoms.
The BJP-led NDA, with a majority of 293 seats in the 543-member Lok Sabha, including support from the JD(U), appears poised to push the bill through. The bill is also expected to face minimal opposition in the Rajya Sabha, where the NDA holds a majority of 125 seats. However, a potential challenge could arise from Nitish Kumar’s JD(U), whose leader has expressed concerns regarding certain provisions in the amendments.
Originally introduced in August 2024, the Waqf (Amendment) Bill faced significant opposition from Muslim organizations and political parties, leading to its referral to a Joint Parliamentary Committee (JPC). The JPC deliberated on the bill for several weeks, culminating in the approval of 14 amendments while rejecting 44 amendments proposed by the opposition. The final version of the bill was approved by the Union Cabinet in February 2025, clearing the way for its presentation in Parliament.
What is Waqf?
In simple terms, a Waqf is a religious or charitable donation made by Muslims, often in the form of property. These donations are generally used for the upkeep of mosques, graveyards, madrasas, and orphanages. Once a property is designated as Waqf, it cannot be sold or transferred. In India, Waqf boards manage over 8.72 lakh properties, spanning more than 9.4 lakh acres of land.
Key Controversial Provisions
The new Waqf (Amendment) Bill has sparked significant controversy, especially due to five specific provisions that have raised alarm among Muslim organizations, including the All India Muslim Personal Law Board (AIMPLB). These provisions are:
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Inclusion of Non-Muslims in Waqf Bodies: The bill mandates that non-Muslims must be included as members of the Central Waqf Council and state waqf boards. This has drawn sharp criticism, with critics arguing that this would dilute the representation and interests of the Muslim community in the management of Waqf properties.
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Government Role in Disputes: Under the proposed changes, a senior government official would have the final say in determining whether a property is Waqf or belongs to the government. Previously, these decisions were made by the Waqf Tribunal. The opposition and Muslim groups argue that this provision could lead to potential conflicts of interest, as a government official might favor the government's stance in disputes.
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Changes to the Waqf Tribunal: The composition of the Waqf Tribunal is also set to change. The tribunal will now include a district judge and a senior state government official with the rank of joint secretary. This alteration has raised concerns about the independence and impartiality of the tribunal.
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Central Portal for Registration: The bill proposes that every Waqf property be registered on a central portal within six months of the law coming into effect. While the Waqf Tribunal may extend the timeframe for some cases, critics argue that this could place an undue burden on the management of Waqf properties and complicate the process of their upkeep.
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Removal of the 'Waqf by User' Clause: The bill proposes the removal of the "waqf by user" clause, which previously allowed properties used for religious or charitable purposes for a long period to be treated as Waqf, even without formal documentation. The JPC has recommended that this provision not be implemented retrospectively, a move that has been welcomed by the NDA's ally, TDP.
Political Reactions
The bill has triggered a war of words between the government and the opposition. AIMIM leader Asaduddin Owaisi has been one of the most vocal critics, calling the bill unconstitutional and accusing the government of curbing religious freedom. He pointed out the contradiction of allowing non-Muslims to be included in Waqf boards, drawing a comparison to Hindu religious bodies where non-Hindus are not permitted to hold similar positions.
Union Minister Kiren Rijiju, however, has rejected these claims, asserting that the Waqf rules and provisions have been in place long before Independence, and there is nothing unconstitutional about them. Rijiju also accused the opposition of misleading Muslims by falsely claiming that the bill would lead to the government seizing their religious properties.
Adding weight to the government’s stance, the Kerala Catholic Bishops Council (KCBC) has urged MPs from the state to support the bill. This endorsement from a significant religious body could potentially give the government a boost in garnering support for the bill, particularly in the southern states.
As the Waqf (Amendment) Bill approaches its tabling in Parliament, the stage is set for an intense political battle. The bill’s passage is almost certain given the government’s majority, but it has undoubtedly deepened the divide between the ruling NDA and the opposition, especially on issues related to religious rights and governance. The outcome of this debate will likely shape the future of religious property management and the role of government in regulating Waqf properties across India.
