After Lok Sabha, the Waqf (Amendment) Bill was passed in the Rajya Sabha after a fiery 13-hour debate.
Parliamentary Proceedings
|
Bills Passed |
Year |
|
|
Waqf (Amendment) Bill |
2025 |
|
|
Mussalman Wakf (Repeal) Bill |
2025 |
|
|
Voting Details |
Rajya Sabha |
Lok Sabha |
|
Votes in Favour |
128 |
288 |
|
Votes Against |
95 |
232 |
What is Definition of Waqf?
Waqf refers to permanent dedication by any person of any movable or immovable property for any purpose recognised by Muslim Law as pious, religious or charitable.
|
Aspect |
Details |
|
Definition |
Property donated by Muslims for religious, charitable or pious purposes |
|
Ownership |
Considered to belong to God with benefits directed to community |
|
Establishment |
By deed, legal instrument or orally |
|
Use & Permanence |
Long standing religious/charitable use may qualify property as Waqf |
|
Irrevocability |
Cannot be reclaimed or altered once declared Waqf |
|
Global Comparison |
Countries like Turkey, Egypt, Iraq, etc. do not have Waqf systems |
|
Scale in India |
~8.7 lakh Waqf properties; ~9.4 lakh acres; worth ₹1.2 lakh crore |
|
Ranking |
3rd largest landowner in India after Indian Railways & Armed Forces |
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Current Legal Framework
Governing Law Waqf Act, 1995 (enforced by Central Government)
Key Administrative Bodies
Central Waqf Council (CWC)
Advisory role
Guides State Waqf Boards (SWBs)
State Waqf Boards (SWBs)
Administer & protect Waqf properties at state level
Waqf Tribunals
Handle disputes related to Waqf properties
Decisions are binding & were previously final (prior to 2024 amendments)
|
Year |
Legislation |
Key Provisions |
|
1913 |
Mussalman Wakf Validating Act |
Legitimized Waqfs for family benefits including eventual charitable purposes |
|
1923 |
Mussalman Wakf Act |
Introduced accounting norms aimed at transparency |
|
1930 |
Mussalman Wakf Validating Act |
Strengthened legal backing of family Waqfs |
|
1954 |
Waqf Act |
Created State Waqf Boards |
|
Amendments (1959, 1964, 1969, 1984) |
Enhanced governance & central oversight |
|
|
1995 |
Waqf Act (Comprehensive) |
Repealed 1954 Act |
|
2013 |
Waqf (Amendment) Act |
3 member tribunals including Muslim law experts |
Historical Timeline of Waqf in India
|
Era |
Development |
|
Delhi Sultanate |
Sultan Muizuddin Sam Ghaor dedicated villages to mosques (Multan Jama Masjid) |
|
British Raj |
Privy Council denounced Waqf as perpetuity of worst kind; invalidated it |
|
1913 |
Mussalman Waqf Validating Act passed to re legalise Waqf system |
|
1954 |
Waqf Act enacted; State Boards & Central Waqf Council introduced |
|
1995 |
Waqf Act overhauled to strengthen regulation, tribunals & legal safeguards |
|
Provision |
Details |
|
Establishment |
State Waqf Boards & Central Waqf Council |
|
Waqf Tribunals |
Special quasi judicial forums with civil court powers |
|
Role of CEO |
Appointed to manage board operations |
|
Role of Mutawalli |
Caretaker of Waqf properties |
|
Legal Supremacy |
Waqf law overrides general property law in applicable matters |
|
Finality of Tribunal |
Tribunal decisions binding; civil courts barred from intervening |
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Waqf (Amendment) Bill, 2025
Objective Modernize Waqf management, reduce litigation & enhance efficiency
Focus Fix inefficiencies in 1995 Act & 2013 Amendment, align with global best practices
Mussalman Wakf (Repeal) Bill, 2024
Repeals outdated legislations to consolidate governance under updated Waqf laws
|
Amendment |
Details |
|
Bill Renamed |
UMEED (Unified Management Empowerment Efficiency & Development) |
|
Non-Muslim Representation |
Non Muslims to be included in Central & State Waqf Boards |
|
Removal of Waqf by User |
Provision scrapped; properties won’t qualify as Waqf based on long term religious use alone |
|
Section 40 Removed |
Waqf Boards can no longer unilaterally declare any property as Waqf |
|
Exclusion of Trusts |
Muslim trusts governed under other acts excluded from Waqf law |
|
Eligibility to Dedicate Property |
Only practicing Muslims (minimum 5 years) can dedicate property to Waqf |
|
Protection of Inheritance |
Rights of women, widows, orphans to inheritance prioritised before Waqf declaration |
|
Limitation Act Applied |
Legal disputes on Waqf properties limited under Limitation Act, 1963 |
|
Protection of Tribal Lands |
Prohibits Waqf on Schedule V & VI lands (tribal protections) |
|
Waqf Tribunal Composition |
Retained as 3 member body (as per JPC suggestion) |
|
Govt Property Review |
Higher ranked officer (above Collector) to investigate govt land claimed as Waqf |
|
Final Authority |
Senior government official to decide Waqf vs Government land disputes |
|
Appeals to High Court |
Tribunals decisions can now be appealed in High Court |
|
Transparency Reforms |
Centralised portal for mutawallis to register property details within 6 months |
|
Financial Contribution Reduced |
Mandatory contribution to Waqf Board reduced from 7% to 5% |
|
Income Audit |
Waqf institutions earning > ₹1 lakh/year to undergo mandatory audits |
Purpose & Intent
To streamline & reform management of Waqf properties.
To introduce transparency, accountability & inclusivity in Waqf governance.
To enhance economic & social upliftment of disadvantaged Muslim communities.
Institutional Changes
Central Waqf Council (CWC)
Total Members 22
Maximum Non Muslim Members 4
Includes ex officio members & experts from relevant fields.
State Waqf Boards
Total Members 11
Maximum Non Muslim Members 3
Ensures representation from different Muslim sects.
Governance & Property Management
Enhances coordination between Waqf Boards & local authorities.
Establishes systems for digital inventory, geo-tagging & audit of Waqf properties.
Protects heritage & culturally significant Waqf sites from encroachment & misuse.
Introduces penalties for mismanagement or unauthorized transfer of Waqf assets.
Focus on Muslim Women
Prioritizes welfare of widows, divorced women & economically disadvantaged Muslim women through targeted schemes under Waqf income.
Mandates allocation of funds for skill development, education & health of Muslim women.
Transparency Mechanisms
Mandatory annual reports & audits by Waqf Boards.
Introduction of public disclosure norms for property listings, board decisions & income utilization.
Establishment of grievance redressal cells at central & state levels.
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Waqf property data by State Waqf Boards in India
|
Sr. No. |
State Waqf Board |
No. of Properties |
Total Area (Acre) |
|
1 |
Andaman & Nicobar |
151 |
178.09 |
|
2 |
Andhra Pradesh |
14,685 |
78,229.97 |
|
3 |
Assam |
2,654 |
6,618.14 |
|
4 |
Bihar (Shia) |
1,750 |
29,009.52 |
|
5 |
Bihar (Sunni) |
6,866 |
169,344.82 |
|
6 |
Chandigarh |
34 |
23.26 |
|
7 |
Chhattisgarh |
4,230 |
12,347.10 |
|
8 |
Dadra & Nagar Haveli |
30 |
4.41 |
|
9 |
Delhi |
1,047 |
28.09 |
|
10 |
Gujarat |
39,940 |
86,438.95 |
|
11 |
Haryana |
23,267 |
36,482.40 |
|
12 |
Himachal Pradesh |
5,343 |
8,727.60 |
|
13 |
Jammu & Kashmir |
32,533 |
350,300.75 |
|
14 |
Jharkhand (Sunni) |
698 |
1,084.76 |
|
15 |
Karnataka |
62,830 |
596,516.61 |
|
16 |
Kerala |
53,282 |
36,167.21 |
|
17 |
Lakshadweep |
896 |
143.81 |
|
18 |
Madhya Pradesh |
33,472 |
679,072.39 |
|
19 |
Maharashtra |
36,701 |
201,105.17 |
|
20 |
Manipur |
991 |
10,077.44 |
|
21 |
Meghalaya |
58 |
889.07 |
|
22 |
Odisha |
10,314 |
28,714.65 |
|
23 |
Puducherry |
693 |
352.67 |
|
24 |
Punjab |
75,965 |
72,867.89 |
|
25 |
Rajasthan |
30,895 |
509,725.57 |
|
26 |
Tamil Nadu |
66,092 |
655,003.20 |
|
27 |
Telangana |
45,682 |
143,305.89 |
|
28 |
Tripura |
2,814 |
1,015.73 |
|
29 |
Uttar Pradesh (Shia) |
15,386 |
20,483.00 |
|
30 |
Uttar Pradesh (Sunni) |
217,161 |
— |
|
31 |
Uttarakhand |
5,388 |
21.80 |
|
32 |
West Bengal |
80,480 |
82,011.84 |
|
Total |
|
8,72,328 |
38+ lakh acres |
|
Scheme |
Objective |
Implementation |
Fund Utilization (2019–24) |
|
Quami Waqf Board Taraqqiati Scheme |
Digitisation & manpower support |
Grants in aid via Central Waqf Council |
₹23.87 crore |
|
Shahari Waqf Sampatti Vikas Yojana |
Commercial development of waqf properties |
Interest free loans to Waqf Boards |
₹7.16 crore |
|
Issue |
Provision in Bill |
Concerns Raised |
|
1. Representation |
Allows appointment of non Muslim CEO & members to SWBs |
Seen as religious interference |
|
2. Government Power Over Ownership Disputes |
District Collector or senior officer can decide ownership of disputed waqf land |
Raises conflict of interest & fairness concerns |
|
3. Removal of ‘Waqf by User’ |
Eliminates recognition of long-used religious properties without formal documents |
Could invalidate many mosques/graveyards |
|
4. Central Database & Legal Rights |
Mandatory 6 month registration on portal; non-compliance leads to loss of legal recourse |
Seen as arbitrary & restrictive |
|
5. Tribunal Composition & Appeals |
Tribunal to include Joint Secretary-level government officer; Tribunal decision can now be challenged in High Court |
Weakens earlier judicial finality & independence of Waqf dispute resolution |
|
Key Concerns Raised |
|
Alleged communal motives; flagged budget cuts & unpaid Waqf Council salaries. |
|
Claimed Bill violates constitutional norms; demanded withdrawal. |
|
Alleged it targets a particular community & is anti-secular. |
|
Questioned intent & timing of Bill. |
|
Warned of a shift toward authoritarianism. |
|
Claimed Bill is against national interest. |
|
Criticized changes in board composition & functioning. |
The Bill is result of extensive consultations including JPC deliberations & stakeholder meetings.
Denied any interference in Waqf properties; clarified legislation only regulates management not ownership or religious practice.
Highlighted Pasmanda Muslim community support & requests for Bill passage.
Emphasized inclusivity despite secular framework representation of non Muslims is capped to safeguard community sentiments.
Asserted Bill is constitutional & protects rights of all minority communities not just Muslims.
Repeals Mussalman Wakf Act, 1923 (now obsolete)
Purpose
To eliminate redundant pre independence legislation.
To consolidate Waqf governance under a modern, unified legal framework (post 1995 Act & its 2025 amendment).
|
Impact Area |
Significance |
|
Transparency |
Central portal registration & mandatory audits |
|
Accountability |
Reduced scope for misuse & illegal transfers |
|
Efficiency |
Streamlined administration, quicker dispute resolution |
|
Inclusion |
Diversity through women & non Muslim representation |
|
Financial Reform |
Reduced fees for institutions increasing local charitable spending |
|
Legal Reform |
Application of Limitation Act; appeals to High Court allowed |
Indian Waqf management framework has evolved from colonial era validation acts to comprehensive post independence legislation. While 2025 reforms aim to digitize & modernize Waqf governance 2024 Amendment Bill has sparked controversy due to concerns around religious autonomy, government overreach & dilution of legal protections.
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