What is the Waqf Board Bill? What Were the Amendments Proposed?

The Waqf (Amendment) Bill, 2024, was introduced in India’s Lok Sabha on August 8, 2024, with the aim of reforming the management of Waqf properties. Waqf refers to properties dedicated for religious, charitable, or pious purposes in accordance with Islamic law.

The bill seeks to repeal the Mussalman Wakf Act, 1923, and amend the Waqf Act, 1995, renaming it the United Waqf Management, Empowerment, Efficiency, and Development Act (UWMEEDA) 1995. 

Key amendments proposed in the bill include the formation of Waqf properties, where only individuals practicing Islam for at least five years can declare a Waqf.

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What is Waqf Board Bill?

The Waqf Board Bill, formally known as the Waqf (Amendment) Bill, 2024, aims to amend the Waqf Act of 1995, which governs the management of Waqf properties in India. Introduced in the Lok Sabha on August 8, 2024, the bill seeks to enhance accountability and transparency in Waqf administration while making significant changes to the existing framework.

Key features of the bill include:

• Composition Changes: The bill proposes altering the composition of Waqf Boards to include non-Muslim members and increase representation for various Muslim sects, including Shia and Bohra communities.
• Property Management: It empowers state governments to appoint officials to determine if properties are classified as Waqf or government land, shifting this responsibility from Waqf Tribunals to local authorities.
• Elimination of Certain Provisions: The bill removes provisions allowing for waqf by user and stipulates that only individuals practicing Islam for five years can declare a waqf.

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Origins of the Concept of 'Waqf'

The history of Waqf in India dates back to the early days of the Delhi Sultanate, when Sultan Muizuddin Sam Ghaor dedicated two villages to the Jama Masjid of Multan and entrusted their administration to Shaikhul Islam.

As the Delhi Sultanate and subsequent Islamic dynasties thrived, the number of Waqf properties in India continued to grow.

In the late 19th century, a movement emerged calling for the abolition of Waqfs in India, following a dispute over a Waqf property that reached the Privy Council in London during the British Raj.

The four British judges who heard the case condemned Waqf as “a perpetuity of the worst and most pernicious kind” and ruled it invalid.

However, this decision was not accepted in India, and the Mussalman Waqf Validating Act of 1913 preserved the institution of Waqf. Since then, there have been no further efforts to abolish Waqfs.

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What Are the Key Legislative Changes and Developments in the Administration of Waqf Properties in India Through Waqf Act?

1. The Waqf Act, 1954 - Waqf has only been strengthened post-independence. The Waqf Act of 1954 passed provided a pathway toward the centralisation of Waqfs. Central Waqf Council of India, a statutory body was established in 1964 by the Government of India under this Waqf Act of 1954. This central body oversees the work under various state Waqf boards which were established under provisions of Section 9(1) of the Waqf Act, 1954.

2. The Waqf Act, 1995 - The Waqf Act was made even more favourable to Muslims in 1995, which made it an overriding law. The Waqf Act, 1995 was enacted to govern the administration of Waqf Properties (Religious Endowments) in India. It provides for the power and functions of the Waqf Council, the State Waqf Boards, and the Chief Executive Officer, and also the duties of mutawalli.

This Act also describes the power and restrictions of a Waqf Tribunal that acts in lieu of a civil court under its jurisdiction. The Waqf Tribunals are deemed to be a civil court and required to exercise all the powers and functions exercised by a civil court under the Code of Civil Procedure, 1908. The decision of a Tribunal shall be final and binding on the parties. No suit or legal proceedings shall lie under any civil court. Thus, making the Waqf Tribunal decisions above any civil court.

3. Amendments in 2013 - Some provisions of the Act were amended in the year 2013 to make waqf management more efficient and transparent. However, during the course of implementation of the Act, it was felt that the Act did not prove effective in improving administration of Waqf.

4. The Waqf Repeal Bill, 2022 - For the purpose of achieving a more equitable arrangement and treatment of bodies such as waqf and other recognized religious entities established under similar intent, the aforesaid Waqf Act, 1995 as amended was tabled in Rajya Sabha on December 8, 2023.

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What Were the Key Amendments Proposed for the Waqf Bill?

The Centre introduced the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995, in Parliament that week, aimed at amending the Waqf Act of 1995. The proposed legislation "omitted Section 40, which dealt with the powers of the Board to decide if a property was a waqf property."

According to a copy of the bill, the proposed legislation aimed to ensure “representation of both Muslims and non-Muslims” in the Central Waqf Council and the State Waqf Boards.

The bill proposed the registration of Waqf properties through a central portal and database and included provisions for a “detailed procedure for mutation according to revenue laws with due notice to all concerned before recording any property as waqf property.”

Additionally, the bill proposed the establishment of a separate Board of Auqaf for “Boharas and Aghakhanis” and ensured “representation of Shia, Sunni, Bohra, Agakhani, and other backward classes within Muslim communities.”

Waqf referred to properties dedicated exclusively to religious or charitable purposes under Islamic law. Waqf Boards controlled 8.7 lakh properties spanning 9.4 lakh acres across India, with an estimated value of 1.2 lakh crores. This made them the third-largest landowners in India, after the armed forces and the Indian Railways. The Act had last been amended in 2013.

“The bill sought to insert new sections 3A, 3B, and 3C relating to certain conditions of waqf, filing of waqf details on the portal and database, and preventing the wrongful declaration of waqf,” the bill stated.

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What are the Specific 14 Amendments Accepted by the JPC?

The Joint Parliamentary Committee (JPC) has accepted 14 specific amendments to the Waqf (Amendment) Bill, 2024. Here are the key amendments:

1. Authority for Property Classification: The state government will now appoint an authority to determine if a property is classified as Waqf, replacing the previous role of the District Collector.
2. Composition of Waqf Boards: The number of members on Waqf Boards will increase to three, ensuring at least two non-Muslim members are included.
3. Removal of 'Waqf by User' Clause: The bill eliminates the provision that allowed properties to be classified as Waqf based on user practices.
4. Waqf Tribunal Membership: The composition of Waqf tribunals is expanded from two to three members.
5. Non-Retroactive Application: The law will not apply retrospectively, so long as properties are already registered.
6. Donation Criteria: Individuals wishing to donate land must demonstrate that they have been practicing Islam for at least five years.
7. Clarity on Ex-Officio Members: The amendment clarifies the roles and responsibilities of ex-officio members on Waqf Boards.
8. Property Registration Requirements: It specifies that properties must be registered to be recognised as Waqf.
9. Increased Stakeholder Consultation: The amendment emphasises the need for extensive consultation with stakeholders in decision-making processes.
10. Dispute Resolution Mechanism: It establishes a clearer mechanism for resolving disputes related to Waqf properties.
11. Enhanced Reporting Requirements: Waqf Boards will have increased reporting obligations to ensure transparency.
12. Streamlined Governance Procedures: The bill aims to streamline governance procedures within Waqf Boards for better efficiency.
13. Conflict of Interest Provisions: It introduces provisions to address potential conflicts of interest among board members.
14. Strengthened Legal Framework: The amendments aim to strengthen the legal framework governing Waqf properties, ensuring better compliance and enforcement.

The opposition proposed various amendments aimed at protecting Muslim rights and ensuring autonomy in managing Waqf properties, but all 44 were rejected by a majority vote in the JPC.

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What Are the Key Differences Between the Original Waqf Act of 1995 and the New Amendments?

The Waqf (Amendment) Bill, 2024, introduces significant changes to the original Waqf Act of 1995. Here are the key differences between the two:

What Were the Main Reasons Behind the Rejection of 44 Amendments?

The 44 amendments proposed by the opposition to the Waqf (Amendment) Bill, 2024, were rejected by the Joint Parliamentary Committee (JPC) for several reasons:

1. Lack of Consensus: The ruling party members deemed that the opposition's amendments did not align with the government's objectives for enhancing oversight and accountability in Waqf management.
2. Political Strategy: The ruling party, led by the BJP, focused on maintaining control over the legislative process, prioritizing their proposed amendments over those suggested by opposition members.
3. Perceived Redundancy: Many of the opposition amendments were viewed as redundant or unnecessary, as the JPC believed that the existing provisions in the bill sufficiently addressed concerns regarding Waqf property management.
4. Timing and Process: The amendments were rejected without extensive discussion, indicating a strategic decision to streamline the legislative process and avoid prolonged debates that could delay the bill's passage.
5. Focus on Governance: The JPC aimed to reinforce government oversight and reduce Waqf board autonomy, which opposition amendments were perceived to undermine.

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