7 Key Amendments in Waqf Bill Presented in Lok Sabha

Modi Government's decision on introducing some amendments in the new Waqf Bill met some resistance. As a result the bill was sent to Joint Parliamentary Committee.  The JPC report is to be presented in Lok Sabha today, February 13, 2025.

The Union government's proposed changes to the Waqf Boards Act 1995 have caused a political conflict. Opposition parties claim that the changes are designed to take away land, assets, and the ability of the Muslim community to manage their religious affairs, which they believe is protected under Article 26 of the Indian Constitution.

Powers Enjoyed By Waqf Board

Established in 1964, the Central Waqf Council (CWC) provides oversight and guidance to state-level Waqf Boards throughout the nation of India. It helps both the central and state governments with managing Waqf properties and can request information about board activities such as financial performance, property surveys, and encroachments.

In 1995, a new act passed under the government of PV Narasimha Rao gave the Waqf Board significant powers to designate properties as Waqf properties. This act was updated in 2013. Under Section 6 of the 1995 Act, the Tribunal's decision on property disputes is final.

Powers of the Waqf Board:

• Designate Properties: The Board can officially declare properties as Waqf.
• Final Decisions: The Tribunal’s decisions on disputes are conclusive.
• Request Information: The Board must provide information on financial performance, property surveys, and encroachments to the Central Waqf Council.

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7 Key Amendments in Waqf Bill

The bill aims to limit the authority of Waqf boards in managing their properties and introduces more government oversight.

 The Central Government proposed amendments include:

• Mandatory Registration: All Waqf properties must be registered with the District Collector's Office for evaluation.
• Government Property Clause: Any government property previously or newly identified as Waqf property will not be recognized as such. The District Collector will have the final say on whether a property is Waqf or government land.
• Revenue Record Update: Once a decision is made by the District Collector, they can update the revenue records and report to the state government. The property will not be treated as Waqf property until this report is submitted.
• Appeals: If there is a disagreement with the Waqf board’s decision, appeals can be made directly to the respective High Courts.
• Disputed Properties: The bill seeks to remove the provision that allows properties to be considered Waqf even if the original declaration is questionable or disputed. Without a valid waqfnama (document of declaration), the property will remain unused until a final decision by the District Collector.
• Central Government Audit: The Central government will have the authority to order an audit of any Waqf property at any time, conducted by an auditor appointed by the Comptroller and Auditor-General of India or any officer designated by the Central Government.
• Increased women's representation: The bill also aims to ensure women's representation on both the Central Waqf Council and state boards.

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