Waqf Amendment Bill: What It Aims to Change and Why It’s Controversial

The BJP-led NDA government is set to table the controversial Waqf Amendment Bill 2024 in the Lok Sabha on Wednesday, paving the way for a potential clash with opposition parties that strongly oppose it. The Bill, which seeks to amend the Waqf Act of 1995, comes at a time when the All India Muslim Personal Law Board (AIMPLB) has been actively protesting against it across the country.

What Is Waqf and Why Is It Important?

Under Islamic law, waqf refers to the permanent dedication of movable or immovable property for religious, charitable, or pious purposes. The government has highlighted that waqf properties in India cover approximately 9 lakh acres, a significant landholding larger than some smaller nations. Officials argue that these lands require better regulation and management. However, critics, including the Congress-led INDIA bloc, have labeled the Bill as anti-minority and an attempt to interfere with religious endowments.

Key Provisions of the Waqf Amendment Bill

The Waqf Amendment Bill was initially introduced in the Lok Sabha on August 8, 2024, and was referred to a Joint Parliamentary Committee (JPC) for further review. The JPC, chaired by BJP MP Jagdambika Pal, submitted its report on February 13, 2025. Here are the major changes proposed in the Bill:

1. Removal of 'Waqf by User' Clause

The existing Waqf Act allows the creation of waqf through declaration, endowment, and long-term use of land for waqf purposes. The new amendment removes the provision of "waqf by user," which has been a point of contention. The JPC recommended that this removal should apply only prospectively and not retrospectively.

2. Who Can Create Waqf?

Under the current law, anyone can create a waqf. The amendment, however, stipulates that only a person who has practiced Islam for at least five years can establish a waqf. The JPC has further tightened this requirement, stating that the person must provide proof of having followed Islamic practices for at least five years.

3. Authority Over Waqf Disputes

Previously, waqf tribunals were responsible for adjudicating disputes over waqf properties. Under the new amendment, district collectors will be empowered to decide whether a property is waqf or government-owned. The JPC suggested that a higher-ranking officer, appointed by the state government, should be responsible for adjudicating such disputes. According to the JPC report, as of September 2024, 5,973 government properties in 25 states had been declared waqf by state waqf boards, raising concerns over unauthorized land acquisition. The Archaeological Survey of India (ASI) has also reported that 280 protected monuments have been classified as waqf properties.

4. Mandatory Registration of Waqf Properties

The Bill mandates that all waqf properties must be registered within six months of the law's enforcement. After this period, individuals will not be able to challenge ownership claims in court. The JPC, however, recommended that legal proceedings should be left to the discretion of the courts.

5. Changes in Waqf Tribunal Composition

The existing law mandates a Muslim CEO for waqf boards. The amendment allows for a non-Muslim CEO and specifies that at least two board members, excluding ex-officio members, should be non-Muslim. Additionally, the Bill introduces representation for Bohra and Aghakhani communities.

What's Next?

With opposition parties and the AIMPLB strongly resisting the proposed amendments, the debate in Parliament is expected to be heated. While the government argues that the changes aim to bring transparency and efficiency to waqf property management, critics view it as an encroachment on religious rights. The Bill's fate now rests on parliamentary discussions and potential amendments before it becomes law.