The Waqf (Amendment) Bill 2025, passed by Parliament on April 4, 2025, introduces significant reforms to the Waqf Act 1995, aiming to enhance transparency and efficiency in Waqf property management. Key features include renaming the Act to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, removing Waqf by user, mandating non-Muslim representation in Waqf bodies, and allowing High Court appeals against tribunal decisions.
This blog explores the bill’s key features, its journey through Lok Sabha and Rajya Sabha, and its relevance for Judiciary, APO, and JLO aspirants preparing for 2025 exams.
Introduction
On April 4, 2025, the Rajya Sabha passed the Waqf (Amendment) Bill 2025 with 128 votes in favor and 95 against, following its approval by the Lok Sabha on April 3, 2025, after a 12-hour debate. Introduced by Union Minority Affairs Minister Kiren Rijiju, the bill amends the Waqf Act 1995, which governs the management of Waqf properties—endowments dedicated for religious or charitable purposes under Islamic law.
First tabled in August 2024, the bill underwent scrutiny by a Joint Parliamentary Committee (JPC), which incorporated several amendments before its passage. The legislation, now renamed the Unified Waqf Management, Empowerment, Efficiency, and Development Act (UMEED Act), introduces sweeping reforms to enhance transparency, inclusivity, and efficiency in Waqf administration. This blog provides a detailed analysis of the key features of the Waqf (Amendment) Bill 2025, its legislative journey, and its significance for Judiciary, APO, and JLO aspirants preparing for 2025 exams.
Background of the Waqf (Amendment) Bill 2025
The Waqf Act 1995 was enacted to regulate the administration of Waqf properties in India, defining Waqf as a permanent dedication of movable or immovable property for purposes considered pious, religious, or charitable under Islamic law. The Act established the Central Waqf Council, State Waqf Boards, and Waqf Tribunals to manage these properties, with the mutawalli (caretaker) overseeing daily operations. However, issues like mismanagement, encroachment, lack of transparency, and legal disputes prompted calls for reform.
Legislative Journey
- Initial Introduction: The bill was first introduced in the Lok Sabha on August 8, 2024, by Union Minority Affairs Minister Kiren Rijiju.
- Joint Parliamentary Committee (JPC): Due to opposition protests and concerns, the bill was referred to a JPC chaired by BJP MP Jagdambika Pal. The JPC reviewed the bill, incorporating 25 amendments based on stakeholder consultations, including recommendations from the Sachar Committee and the 1976 Waqf Inquiry Report.
- Lok Sabha Passage: On April 3, 2025, the Lok Sabha passed the bill after a 12-hour debate, with 288 votes in favor and 232 against, rejecting opposition amendments through voice votes.
- Rajya Sabha Passage: The Rajya Sabha approved the bill on April 4, 2025, at around 2 AM, with 128 votes in favor and 95 against, following a 14-hour debate.
- Next Steps: The bill now awaits the assent of President Droupadi Murmu to become law.
Political Context
- Support: The NDA, with a majority of 293 MPs in the Lok Sabha and 125 MPs in the Rajya Sabha, supported the bill, with allies like JD(U) and TDP backing it despite initial concerns. Union Home Minister Amit Shah defended the bill, dismissing opposition claims of interference in Muslim religious practices as “fear-mongering for vote-bank politics.”
- Opposition: The INDIA bloc, including Congress, TMC, and AIMIM, opposed the bill, labeling it “anti-Muslim” and “unconstitutional.” Congress MP Mallikarjun Kharge accused the BJP of trying to “snatch the rights of minorities,” while AIMIM chief Asaduddin Owaisi argued it undermines Muslim rights and violates Article 26 (freedom to manage religious affairs).
Key Features of the Waqf (Amendment) Bill 2025 as Passed by Parliament
The Waqf (Amendment) Bill 2025 introduces several reforms to the Waqf Act 1995, aiming to address longstanding issues in Waqf property management. Below are the key features of the bill as passed by Parliament:
1. Renaming the Act
- The bill renames the Waqf Act 1995 to the Unified Waqf Management, Empowerment, Efficiency, and Development Act (UMEED Act), reflecting its broader objective of improving management, empowerment, and efficiency in Waqf administration.
- This renaming underscores the government’s intent to modernize the governance of Waqf properties while promoting inclusivity and transparency.
2. Stricter Criteria for Declaring Waqf
- Eligibility for Declaring Waqf: The bill mandates that only a person practicing Islam for at least five years and legally owning the property can declare a Waqf, ensuring clarity in ownership and intent.
- Removal of Waqf by User: The concept of ‘Waqf by user’—where properties could be deemed Waqf based on prolonged use for religious purposes without formal documentation—has been removed. This applies prospectively, meaning pre-existing Waqf properties remain unaffected unless disputed or government-owned.
- Protection of Inheritance Rights: The bill specifies that Waqf-alal-aulad (Waqf for family support) must not deny inheritance rights to the donor’s heirs, including female heirs, promoting gender equality in inheritance.
3. Inclusion of Non-Muslims in Waqf Governance
- Central Waqf Council and State Waqf Boards: The bill mandates the inclusion of non-Muslims in the Central Waqf Council and State Waqf Boards, a significant departure from the 1995 Act, which required all members to be Muslims.
- The Central Waqf Council will have 22 members, with no more than four non-Muslims, including ex-officio members.
- State Waqf Boards will have 11 members, with only three non-Muslims.
- Diverse Representation: The bill ensures representation from various Muslim sects (e.g., Shia, Sunni, Bohra, Aghakhani) and backward classes, with at least two Muslim women on both the Council and Boards.
- Chief Executive Officer (CEO): The CEO of a State Waqf Board no longer needs to be a Muslim, allowing for broader administrative inclusivity.
4. Removal of Waqf Board’s Authority to Determine Waqf Status
- The 1995 Act empowered Waqf Boards to inquire and determine if a property is Waqf. The bill removes this provision, transferring the authority to state-appointed officials.
- Dispute Resolution: In cases of dispute, an officer above the rank of District Collector (e.g., a Joint Secretary-level officer dealing with Waqf matters) will conduct inquiries and submit a report to the state government. Properties will not be treated as Waqf until the officer’s final report is submitted.
- Government Property: If a property is determined to belong to the government, revenue records will be updated, and the Waqf Board must amend its records accordingly.
5. Enhanced Central Government Oversight
- Rule-Making Power: The bill empowers the Central Government to make rules regarding registration, publication of accounts, and proceedings of Waqf Boards, centralizing regulatory control.
- Audits by CAG: The Central Government can order audits of Waqf accounts by the Comptroller and Auditor General (CAG) or a designated officer, replacing the 1995 Act’s provision that allowed state governments to audit at any time.
6. Appeals Against Waqf Tribunal Decisions
- 1995 Act: Decisions of Waqf Tribunals were final, with appeals to High Courts prohibited unless the court took up the matter on its own accord.
- 2025 Amendment: The bill removes the finality of Waqf Tribunal decisions, allowing appeals to High Courts within 90 days, enhancing judicial oversight and addressing concerns over lack of transparency in tribunal rulings.
7. Sect-Based Waqf Boards
- The 1995 Act allowed separate Waqf Boards for Sunni and Shia sects if Shia Waqf property exceeded 15% of total Waqf assets or income in a state.
- The bill extends this provision to include separate boards for Aghakhani and Bohra sects, promoting sectarian inclusivity in Waqf governance.
8. Digital Registration and Transparency
- Centralized Portal: The bill mandates centralized online registration of all Waqf properties within six months of the law’s commencement, with extensions allowed for valid reasons.
- Objective: Automates records, improves public accessibility, and reduces misuse and encroachment of Waqf properties.
9. Removal of Limitation Act Exemption
- The 1995 Act (Section 107) exempted Waqf properties from the Limitation Act, 1963, allowing Waqf Boards to reclaim encroached properties without a time limit.
- The bill removes this exemption, imposing a 12-year limitation period for reclaiming encroached properties, enabling claims of adverse possession by long-term occupants.
10. Protection of Government Land
- The bill clarifies that any government property mistakenly recorded as Waqf will no longer be considered Waqf, ensuring state ownership is protected and reducing disputes over government land.
Critical Analysis: Balancing Reform and Controversy
The Waqf (Amendment) Bill 2025 introduces significant reforms to address longstanding issues in Waqf property management, but it has also sparked intense debate.
Strengths
- Transparency and Efficiency: The centralized digital registration and CAG audits aim to reduce mismanagement and encroachment, addressing concerns raised by the Sachar Committee and the 1976 Waqf Inquiry Report about poor administration.
- Inclusivity: Mandating non-Muslim representation and sectarian diversity (e.g., Shia, Bohra, Aghakhani) in Waqf bodies promotes inclusivity, while ensuring female representation aligns with gender equality principles.
- Judicial Oversight: Allowing High Court appeals against Waqf Tribunal decisions enhances transparency and accountability, addressing the lack of judicial oversight in the 1995 Act.
- Protection of Inheritance Rights: Safeguarding female heirs in Waqf-alal-aulad ensures equitable inheritance, a progressive step for Muslim women.
Challenges and Controversies
- Religious Autonomy Concerns: Critics, including AIMIM chief Asaduddin Owaisi, argue that including non-Muslims in Waqf governance violates Article 26 of the Constitution (freedom to manage religious affairs), as Waqf is rooted in Islamic law. Congress MP Mallikarjun Kharge called the bill an attempt to “snatch the rights of minorities.”
- Limitation Act Concerns: Removing the exemption from the Limitation Act may allow long-term encroachers to claim adverse possession, potentially undermining Waqf Boards’ ability to reclaim properties, as noted by Opposition MPs like Abhishek Manu Singhvi.
- Centralized Control: The increased role of the Central Government and state-appointed officials in Waqf disputes has raised fears of government overreach, with Opposition leaders like Sanjay Singh (AAP) labeling the bill an “encroachment on minorities’ rights.”
- Implementation Challenges: The six-month registration deadline for Waqf properties on a central portal may be impractical, as highlighted by Congress MP Imran Masood, who noted that even a 10-year period was insufficient for complete registration in the past.
Public Sentiment
- Posts on X reflect a polarized sentiment. Some users support the bill for its potential to curb corruption and land grabbing by Waqf Boards, while others, including Muslim organizations like the All India Muslim Personal Law Board (AIMPLB), view it as a threat to religious autonomy, fearing it could lead to the loss of Waqf properties.
Critical Perspective
While the bill addresses legitimate concerns about mismanagement, its provisions on non-Muslim representation and centralized control raise valid questions about religious autonomy. The Waqf Act 1995 was a special law for Muslims, rooted in Islamic law under the Muslim Personal Law (Shariat) Application Act, 1937. Allowing non-Muslims in Waqf governance may conflict with Article 26, as Waqf is a religious institution, not a secular statutory body, despite Union Minister Kiren Rijiju’s claim that Waqf Boards do not fall under Articles 25-26 (citing Bramchari Sidheswar Bhai v. State of West Bengal, 1995).
Additionally, the 12-year limitation for reclaiming encroached properties could disproportionately affect Waqf Boards, given the historical lack of documentation for many Waqf properties. The government’s narrative of “benefiting poor Muslims” (as stated by Amit Shah) must be balanced against these concerns to ensure the bill does not undermine Muslim community rights.
Relevance for Judiciary, APO, and JLO Aspirants
The Waqf (Amendment) Bill 2025 is a critical topic for Judiciary, APO, and JLO aspirants preparing for 2025 exams:
- Prelims: Expect questions on the bill’s passage (Lok Sabha: 288-232, Rajya Sabha: 128-95), key features (e.g., non-Muslim representation, removal of Waqf by user), and the renamed Act (UMEED Act).
- Mains: Write essays on topics like “Waqf (Amendment) Bill 2025: Balancing Transparency and Religious Autonomy” or “Impact of Waqf Reforms on Muslim Property Rights,” discussing Article 26, gender equality, and judicial oversight, with references to Bramchari Sidheswar Bhai v. State of West Bengal (1995).
- Interviews: Discuss the bill’s implications for religious autonomy, national security (via property disputes), and social justice (e.g., female inheritance rights), citing the Waqf (Amendment) Bill 2025 and its legislative journey.
Conclusion
The Waqf (Amendment) Bill 2025, passed by Parliament on April 4, 2025, marks a significant reform to the Waqf Act 1995, aiming to enhance transparency, efficiency, and inclusivity in Waqf property management. Key features include renaming the Act to the UMEED Act, removing Waqf by user, mandating non-Muslim representation, allowing High Court appeals, and centralizing registration and audits. While the bill addresses critical issues like mismanagement and encroachment, its provisions on non-Muslim inclusion and centralized control have sparked debates over religious autonomy and Muslim rights.
For Judiciary, APO, and JLO aspirants, understanding the Waqf (Amendment) Bill 2025 is essential for 2025 exams, offering insights into legal reforms, constitutional rights, and social justice, and preparing them to tackle questions on these topics with a balanced perspective.
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FAQs
Why is the Waqf (Amendment) Bill 2025 important for Judiciary aspirants?
The bill addresses legal reforms, religious autonomy, and social justice, making it a key topic for prelims, mains, and interviews in 2025 exams.
What is the Waqf (Amendment) Bill 2025?
The Waqf (Amendment) Bill 2025 amends the Waqf Act 1995 to improve the management and regulation of Waqf properties in India, passed by Parliament on April 4, 2025.
When was the Waqf (Amendment) Bill 2025 passed by Parliament?
The Lok Sabha passed the bill on April 3, 2025, and the Rajya Sabha on April 4, 2025, at around 2 AM.
What is the new name of the Waqf Act 1995 after the 2025 amendment?
The Act has been renamed the Unified Waqf Management, Empowerment, Efficiency, and Development Act (UMEED Act).
Who can declare a Waqf under the Waqf (Amendment) Bill 2025?
Only a person practicing Islam for at least five years and legally owning the property can declare a Waqf.
What is the ‘Waqf by user’ concept, and how has it changed?
Waqf by user allowed properties to be deemed Waqf based on prolonged religious use; the bill removes this concept, applying it prospectively.
How does the bill address non-Muslim representation in Waqf governance?
The bill mandates non-Muslim representation in the Central Waqf Council (up to 4 out of 22 members) and State Waqf Boards (3 out of 11 members).
What changes were made to Waqf Tribunal decisions in the 2025 bill?
The bill removes the finality of Waqf Tribunal decisions, allowing appeals to High Courts within 90 days.
How does the bill ensure transparency in Waqf property management?
It mandates centralized online registration of Waqf properties within six months and allows CAG audits of Waqf accounts.
What is the significance of Waqf-alal-aulad under the 2025 amendment?
The bill ensures Waqf-alal-aulad does not deny inheritance rights to the donor’s heirs, including female heirs, promoting gender equality.
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