Sunday, 6 April 2025

Rajya Sabha passes the Waqf Amendment Bill: What's next now?

 In a significant development with wide-ranging implications for religious endowments and property administration in India, the Parliament has passed the Waqf (Amendment) Bill, 2025. The bill passed with 128 members in favour & 95 votes against it, after a 14 hour debate in the Rajya Sabha. This bill next went to the President Draupadi Murmu and once her signature was done the bill became a Law, on 5th April, 2025. The legislation, which amends the original Waqf Act of 1995, has stirred debate across political, legal, and social spheres, reflecting the complex nature of waqf (Islamic charitable endowment) properties in the country.

Image Source- LiveLaw

What Is the Waqf Act?

The Waqf Act, 1995, governs waqf properties in India—basically land or assets donated for religious or charitable purposes under Islamic law. These are managed by state Waqf Boards under the supervision of the Central Waqf Council. The original Act was designed to regulate the administration of these properties, protect them from encroachment, and ensure they are used for their intended religious or social purposes. For example, did you know, that the Taj Mahal is also a Waqf Property!


What does the 2025 Amendment say?

The Waqf (Amendment) Bill, 2025 introduces several key changes, such as:

1. Enhanced Transparency and Accountability:

The amendment mandates digital records of all waqf properties and introduces mechanisms for public access and auditing.

2. Stricter Encroachment Measures:

The bill proposes stronger penalties for unauthorized occupation of waqf land, giving Waqf Boards more legal tools to reclaim such properties.

Image Source- Pune Mirror

3. Reconstitution of Waqf Boards:

The structure of the boards has been modified, with increased representation from civil society and reduced discretionary power for state governments. Among the big changes, the revised Waqf laws mandate the nomination of two non-Muslim members to state Waqf boards and the central Waqf council.

4. Judicial Review and Oversight:

A new tribunal system will handle waqf-related disputes, replacing the earlier quasi-judicial setup.

Basically, The Waqf (Amendment) Bill, 2025, seeks to address these challenges by introducing measures to enhance transparency, accountability and efficiency in the Waqf Management.



The Supporters and The Opposition

Supporters of the bill, primarily from the ruling party, argue that it brings long-overdue reforms to an opaque system. They point to widespread mismanagement, encroachment, and lack of transparency in waqf property dealings across many states.

On the other hand, opponents—including several opposition parties, civil rights groups, and Muslim organizations—have raised concerns. They allege that the bill gives disproportionate power to the government in controlling religious endowments(gifts) and may violate the autonomy of minority institutions.

Image Source- Zee Business

Since, the Muslims only comprise 14.2% of the country's population, the critics argue that this could severely limit the community's ability to create new endowments for religious or charitable purposes.
Also, people numbered in thousands, have been showing up for protests in Kolkatta, Ahmedabad and Chennai after the passing of the Waqf Amendment Bill, this week.



The Road Ahead

With the bill now passed, implementation will be closely watched. Its success will largely depend on how transparently the reforms are rolled out and whether they genuinely help safeguard waqf properties or end up centralizing control at the cost of community rights.

As India continues to navigate the fine balance between reform, religious freedom, and governance, the Waqf (Amendment) Bill stands as a significant—and contentious—milestone.

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