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Current Affairs

Polity And Governance In India

Lok Sabha Passes Waqf (Amendment) Bill, 2025

 Apr 12, 2025   Admin

Waqf (Amendment) Bill 2025, now renamed as the Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Bill, has been passed in the Lok Sabha.

Mussalman Wakf (Repeal) Bill 2024 also approved, repealing the Mussalman Wakf Act, 1923.

Two Bills Introduced in 2024:

  • Waqf (Amendment) Bill, 2024.
  • Mussalman Wakf (Repeal) Bill, 2024.

    • Objective of Waqf (Amendment) Bill, 2025:

  • Amend the Waqf Act, 1995 to address challenges in managing Waqf properties.
  • Improve administration and efficiency of Waqf boards.

    • Objective of Mussalman Wakf (Repeal) Bill, 2024:

  • Repeal the Mussalman Wakf Act, 1923, an outdated colonial-era law.
  • Ensure uniformity, transparency, and accountability in Waqf property management under the Waqf Act, 1995.
  • Eliminate inconsistencies and ambiguities created by the continued existence of the old law.

    • Meaning of ‘Waqf’:

  • Refers to properties dedicated solely for religious or charitable purposes under Islamic law.
  • Sale or other use of the property is prohibited.
  • The ownership of the property is transferred from the person making the Waqf (called waqif) to Allah, making it irrevocable.
  • The creator is a wakif, and the property is managed by a mutawalli.

    • Origin of the Concept of ‘Waqf’:

  • Traces back to the Delhi Sultanate when Sultan Muizuddin Sam Ghaor dedicated villages to the Jama Masjid of Multan.
  • Waqf properties grew with the rise of Islamic dynasties in India.
  • The Mussalman Waqf Validating Act of 1913 protected the institution of Waqf in India.

    • Constitutional Framework and Governance: 

  • Charitable and religious institutions are under the Concurrent List of the Constitution, allowing both Parliament and State Legislatures to frame laws on it.
  • Waqf Governance: Currently governed by the Waqf Act, 1995, replacing earlier laws from 1913, 1923, and 1954.

    • Creation of Waqf: Can be created via:

  • Declaration (oral or written deed).
  • Long-term use of land for religious or charitable purposes.
  • Endowment upon the end of a line of succession.
  • States with the highest share of Waqf properties: Uttar Pradesh (27%), West Bengal (9%), Punjab (9%).

    • Evolution of Waqf Laws:

  • 1913 Act: Validated Waqf deeds.
  • 1923 Act: Made registration of Waqf properties mandatory.
  • 1954: Established Central Waqf Council and State Waqf Boards for better management.
  • 1995 Act: Introduced Tribunals for dispute resolution and added elected members and Islamic scholars to Waqf Boards.

    • Key Amendments

  • Composition of the Central Waqf Council: The Union Minister in-charge of waqf is the ex-officio chairperson.

    • Council members include: 

  • Members of Parliament (MPs).
  • Persons of national eminence.
  • Retired Supreme Court/High Court judges.
  • Eminent scholars in Muslim law.
  • The Bill removes the Muslim requirement for MPs, former judges, and eminent persons.
  • The Bill mandates two non-Muslim members in the Council.

    • Composition of Waqf Boards:

  • Empowers state governments to nominate one person from each group.
  • Non-Muslim members required: two.
  • Must include at least one member each from Shias, Sunnis, and Backward Muslim classes.
  • Requires two Muslim women members.

    • Composition of Tribunals:

  • Removes the expert in Muslim law.
  • District Court judge (Chairman).
  • Joint Secretary rank officer.

    • Appeals Against Tribunal Orders:

  • Act: Decisions of Tribunals are final, with no appeals allowed in courts.
  • Bill: Allows appeals against Tribunal decisions to the High Court within 90 days.
  • Survey of Properties: The Bill replaces the Survey Commissioner with the District Collector or other senior officers to oversee the survey of Waqf properties.
  • Government property as waqf:  The Bill states that any government property identified as waqf will cease to be so.
  • The Collector of the area will determine ownership in case of uncertainty, if deemed a government property, he will update the revenue records.
  • Audits: Waqf institutions earning over ₹1 lakh will undergo audits by state-sponsored auditors.
  • Centralized Portal: A centralized portal will be created for automating Waqf property management, enhancing efficiency and transparency.
  • Property Dedication: Practicing Muslims (for at least five years) can dedicate property to the Waqf, restoring pre-2013 rules.
  • Women’s Inheritance: Women must receive inheritance before the Waqf declaration, with special provisions for widows, divorced women, and orphans.

    • Need for the bill

  • The new Bill mandates a unified digital listing of Waqf properties to reduce litigation and ensure transparency.
  • The bill ensures gender justice by mandating women’s inclusion in Waqf Boards.

    • Concerns 

  • Non-Muslim Members in Waqf Boards: The Bill mandates the inclusion of non-Muslim members in State Waqf Boards and the Central Waqf Council.
  • This could lead to these bodies being majorly composed of non-Muslims, whereas similar boards for Hindu and Sikh endowments primarily consist of members from those religions.
  • Impact on Waqf Tribunals: Removal of experts in Muslim law from Waqf Tribunals may affect the redressal of waqf-related disputes.
  • Creation of Waqf: The Bill limits the creation of Waqf to people who have been practicing Islam for at least five years.
  • The rationale behind this five-year criterion is unclear and creates a distinction between those who practice Islam for less than five years and those who have done so for more than five years.

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