Waqf Amendment Bill: Top 5 Critical Issues

Waqf Amendment Bill: The Centre and the Opposition are currently in a heated discussion in Parliament over the controversial Waqf (Amendment) Bill. The bill, which has led party leaders to issue strict orders and whip for all their MPs to attend the Lok Sabha, introduces key changes to the Waqf Act, 1995. The discussion in the Lower House is set to continue for eight hours.

The controversial Waqf (Amendment) Bill, 2024, is being reintroduced by the government to Parliament on Wednesday. The opposition members in the committee expressed their disapproval of the Bill in dissenting notes. The panel's opposing members all aimed to reverse the 1995 Bill's proposed forty-four amendments.

Why is Government Proposing Waqf Amendment Bill?

The Waqf (Amendment) Bill 2024 aims to address the problems and difficulties associated with overseeing and managing Waqf properties. The primary goal of the amendment bill, according to the Ministry of Minority Affairs, is to enhance the management and administration of waqf properties in India.

By proposing modifications, including renaming the Act, revising the definitions of waqf, simplifying the registration procedure, and expanding the role of technology in keeping waqf records, it seeks to address the weaknesses of the previous act and improve the effectiveness of Waqf boards.

The Bill was initially introduced to a House panel led by BJP MP Jagdambika Pal in August of last year. In a vote of 15–11 on February 27, the panel approved 14 modifications that were proposed by members of the BJP or its National Democratic Alliance partners.

5 Key Issues Raised by the Opposition & Govt’s Response

Opposition and the government are in a standoff position with the introduction of the Waqf Amendment Bill since last year. However, there are some major concerns raised by the opposition that make them so against the introduced bill. 

Here’s the top 5 Major concerns tabled by the opposition leaders:

1. Why is there a Need for this Bill?

Concern:

The main argument against the Waqf Bill, 2025, is that it is unnecessary to enact a new law that changes the way Waqfs are run or managed.

The goal of the Bill, according to Asaduddin Owaisi of the All-India Majlis-e-Ittehadul Muslimeen (AIMIM), is to weaken Muslim rights and undermine the basis of Waqf governance.

Govt’s Response:

According to government officials, the 1995 Act has some shortcomings in regulating Waqf properties, such as title disputes and unlawful possession of Waqf land. As a result, the Center has introduced a new law.

According to officials, another major problem is the absence of court supervision over Waqf management. The Waqf Tribunal hears cases involving Waqf properties, and its rulings are final and cannot be contested in court.

The government has maintained that the Bill's requirement for a single digital listing of Waqf properties will reduce litigation and guarantee transparency and effectiveness in Waqf property management.

2. Increased Government’s Interfernce in Waqf Property

Concern:

One of the main criticisms made by the Bill's opponents is that it provides the government the authority to control how Waqf properties are managed and to decide whether a property qualifies as a Waqf.

The Waqf Board has the authority to determine whether a property is Waqf property under Section 40 of the Waqf Act. Unless the Waqf Tribunal revokes or modifies the Board's decision, it will be final.

The District Collector now has this authority, which was formerly held by the Waqf Tribunal, according to the Bill.

Prior to or during the Act's implementation, "any government property identified or declared as Waqf property shall not be deemed to be a Waqf property," according to the Bill. However, the Collector—not the Waqf Tribunal—must make this decision.

According to the Bill, the property in dispute will be regarded as government property rather than Waqf property until the government makes a decision.

Govt’s Response:

According to sources, the government is implementing this significant adjustment in response to the purported abuse of Waqf legislation. The Waqf Act's Section 40 is "widely misused to declare private properties as Waqf properties, causing legal battles and unrest," according to government officials.

The Joint Committee of Parliament suggested a change in the Bill based on a proposal from a TDP MP. This change replaces the District Collector with a higher-ranking state government official for resolving disputes.

Another amendment aims to remove the idea of "Waqf by use", which allows a property to be considered Waqf just because it has been used as one, even if its original ownership is unclear.

A Waqf property becomes questionable in the absence of a valid Waqfnama since the Bill leaves out the clauses pertaining to "Waqf by user."

3. Change in Authority of the Surveyor

Concern:

According to the 1995 Act, a Survey Commissioner chosen by the state government is required to conduct an auqaf (plural of waqf) survey. The District Collector or any other official not lower than the rank of Deputy Collector, validly appointed by the Collector, takes the position of the Survey Commissioner under the amendment bill.

Govt’s Response:

According to what has been learned, the government is making this adjustment because survey work has been subpar in a number of states. According to officials, surveys have not yet started in Gujarat and Uttarakhand, while a survey that was requested in Uttar Pradesh in 2014 is still pending.

4. Non-Muslim Members in Waqf Board

Concern:

The Bill's change of Waqf Board representation is another point of concern.

The bill suggests permitting the state government to select at least two non-Muslim members to state-level Waqf Boards, along with a non-Muslim CEO. The Bill's opponents contend that this would infringe upon the community's constitutionally guaranteed freedom to self-govern.

Govt’s Response:

Government representatives argue that the inclusion of non-Muslims on the Waqf Board is intended to increase openness and contribute experience without compromising community representation.

According to official sources, although the Board will include non-Muslim members, they will not make up the majority.

5. Rendering of Limitation Act

Concern:

The 1995 law's Section 107, which had rendered the Limitation Act of 1963 inapplicable to Waqf holdings, is to be repealed by the Bill.

After a certain amount of time, the Limitation Act prohibits people from bringing legal action. In essence, this clause made sure that the Waqf Board may bring a case to recover its assets from encroachment without being constrained by the 12-year statute.

Members of the opposition contend that removing this clause will enable someone who has illegally possessed Waqf property for more than 12 years to assert their ownership through adverse possession.

Govt’s Response:

The government has proposed this amendment in order to ensure that the illegal possession of properties by the Waqf Board is deemed illegal in case a dispute arises.