Major Reforms in Waqf Governance

Context

The Union government is set to table the Waqf (Amendment) Bill, 2024, in the Lok Sabha on April 2, 2025, during the final week of the budget session. This proposed legislation seeks to reform the governance and regulation of waqf properties in India, aiming to enhance transparency, accountability, and inclusivity in waqf boards. However, the bill has sparked significant political debate and opposition due to its sweeping changes.

Understanding Waqf

• Waqf refers to a permanent dedication of property by an individual for purposes recognized as pious, religious, or charitable under Muslim law. Examples include maintaining mosques, graveyards, establishing educational institutions, and providing aid to the poor. Governed by the Wakf Act of 1995, waqf properties are managed by administrators (mutawallis) and overseen by Waqf Boards.
• India has approximately 8.7 lakh registered waqf properties—the largest holding globally—with an estimated market value of ₹1.2 lakh crore as per the Sachar Committee (2006). However, issues such as incomplete surveys and arbitrary claims have plagued waqf management over the years.

Key Features of the Waqf (Amendment) Bill

The Waqf (Amendment) Bill introduces around 40 amendments to the existing law. Major provisions include:

1. Changes in Composition

• • Central Wakf Council: The bill calls for non-Muslim members to be inducted into the Council. Earlier, all except the Union Minister were required to be Muslims.
  • State Wakf Boards: Bill permits state governments to nominate members from diverse representation (from MPs, MLAs, and members of the Bar Council) irrespective of religion. In turn, representation has also to be given to Shias, Sunnis, backward classes of Muslims, and women. 

2. Formation of Waqf

• • Only individuals practicing Islam for at least five years can declare waqf properties.
  • The bill removes “waqf by user,” which previously allowed properties used for religious purposes over time to be designated as waqf without formal declaration.

3. Survey and Ownership

• • The Survey Commissioner is replaced by the District Collector for conducting surveys of waqf properties.
  • Government property identified as waqf will cease to be waqf; ownership disputes will be resolved by Collectors with reports submitted to state governments.

4. Appeals and Tribunal Decisions

• • The finality of decisions made by Waqf Tribunals is revoked. Parties can directly appeal to High Courts.

Rationale Behind Amendments

The government argues that these changes aim to modernize an archaic system and align it with practices in other Islamic nations where extensive powers are not vested in a single entity. It seeks to prevent misuse of waqf properties and ensure greater inclusivity and transparency in governance. For instance:

• Mandatory inclusion of women addresses long-standing demands from within the Muslim community.
• Verification processes aim to curtail arbitrary claims on properties by Waqf Boards.

Controversies Surrounding the Bill

The bill has faced stiff resistance from opposition parties and sections of civil society. Key objections include:

• Impact on Muslim Autonomy: Critics argue that mandatory inclusion of non-Muslim members dilutes Muslim representation in institutions managing Islamic endowments.
• Removal of Experts: Excluding experts in Muslim law from Waqf Tribunals may compromise dispute resolution mechanisms.
• Property Ownership Concerns: Delegating authority to District Collectors for determining ownership may lead to bias or misuse.

Opposition parties have labeled the bill as an “assault on India’s Constitution” and an attempt to disrupt social harmony in a multi-religious society.

Support for Reforms

Despite opposition, several organizations have expressed support for the amendments:

• Syed Naseruddin Chishty, Chairman of the All India Sufi Sajjada Nashin Council (AISSC), urged Muslims not to be swayed by emotional rhetoric.
• The Catholic Bishops Conference of India (CBCI) endorsed reforms for unbiased governance.

Conclusion

The Waqf (Amendment) Bill represents a significant shift in India’s approach toward managing Islamic charitable endowments. While its proponents highlight modernization and inclusivity as key benefits, critics warn against undermining religious autonomy and creating potential conflicts over property ownership. As debates unfold in Parliament on April 2, its passage will likely have far-reaching implications for India’s socio-political landscape and minority rights.

Source: HT

UPSC Prelims Practice Question

Q. Consider the following statements regarding the Waqf (Amendment) Bill, 2024:

1. The bill seeks to enhance transparency, accountability, and inclusivity in waqf boards. 
2. Waqf properties in India are governed under the Ministry of Home Affairs. 
3. The Waqf Act, 1995, is the primary legislation that regulates waqf properties in India.

Which of the statements given above is/are correct?

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2, and 3

Ans- C

Download as PDF