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WAQF (Amendment) Bill, 2025 & Mussalman Wakf (Repeal) Bill, 2024 introduced in Lok Sabha
Union Minister of Parliamentary and Minority Affairs, Shri Kiren Rijiju on 2nd April introduced the WAQF (Amendment) Bill, 2025, and the Mussalman Wakf (Repeal) Bill, 2024,in Lok Sabha following extensive deliberation by the Joint Parliamentary Committee (JPC). He highlighted the unprecedented scale of consultation, with over 97 lakh petitions and 284 delegations from diverse stakeholders, including Waqf Boards of 25 states and union territories, legal experts, scholars, civil society organizations, and policymakers.
This scale of engagement, he emphasized, marks a historic moment in parliamentary lawmaking. The Government reviewed each submission thoroughly, reinforcing its commitment to participatory democracy.
Evolution and Purpose of the WAQF Act
Post-independence, the Waqf Act of 1954 was India’s first effort to regulate Waqf properties. It was followed by a more comprehensive 1995 Act, which introduced the concept of Waqf Tribunals to address disputes. However, the 2013 amendments by the previous UPA Government, according to Shri Rijiju, diluted the religious specificity of Waqf by allowing individuals of all faiths to create Waqf—an institution traditionally Islamic in nature and intent.
Moreover, Section 108 of the Act gave Waqf laws overriding authority over other laws, raising constitutional concerns. Shri Rijiju questioned how such sweeping powers could be granted to any single institution in a secular democracy.
Shri Kiren Rijiju also highlighted a controversial decision during the UPA tenure: the transfer of major properties, including parts of the CGO complex and Parliament Building, to the Delhi Waqf Board. Such transfers, Shri Kiren Rijiju warned, could have endangered national assets had they continued unchecked.
Clarifying the Intent and Scope
Shri Rijiju clarified that the proposed amendments are not aimed at interfering in religious practices or institutions. Rather, the Bill seeks to enhance transparency, efficiency, and inclusivity in the management of Waqf properties, which are among the largest landholdings in India.
The amended Act introduces measures for the monitoring and governance of Waqf properties, without undermining religious autonomy. Administrative reforms aim to curb mismanagement and ensure that Waqf assets are used for the welfare of the community—especially the underprivileged.
Structural and Democratic Reforms
To ensure greater representation and inclusivity, the structure of both the Central Waqf Council and State Waqf Boards has been revised. The Central Waqf Council will include:
–Three Members of Parliament (including one ex-officio)
–Ten Muslim members (including two women)
–Four eminent persons from various fields
–Two former judges
–One national-level advocate
–One senior bureaucrat from the Government of India
–No more than four non-Muslim members may serve on the Council.
–Similarly, State Waqf Boards will comprise:
–A Chairperson
–One MP and one MLA (including ex-officio members)
–Four Muslim members (including two women)
–Two professionals with relevant experience
–One representative from the Bar Council
–One senior State Government officer
These changes aim to make Waqf governance more secular, inclusive, and accountable, ensuring representation for backward Muslims, women, and non-Muslim experts.
Addressing Mismanagement and Increasing Utility
Despite India having the world’s largest number of Waqf properties—over 8.72 lakh—their annual income remains shockingly low, rising from Rs. 163 crore in 2006 to only Rs. 166 crore today. Shri Rijiju referenced the Sachar Committee’s observation that proper management could have generated Rs. 12,000 crore annually at the time.
Technological and Legal Safeguards
To prevent encroachments and misuse, Waqf can now only be created by Muslims who have practiced Islam for at least five years and only on properties where they have full ownership. Properties in Scheduled Areas under Schedules 5 and 6 are protected from Waqf claims, ensuring the rights of tribal communities.
The Bill abolishes controversial provisions such as ‘Waqf by User,’ and strengthens dispute resolution by specifying tribunal composition and tenure. Further, the contribution required from Mutawallis (caretakers) has been reduced from 7% to 5% to direct more funds toward community welfare.
Gender Justice and Community Empowerment
In a progressive step, the Bill mandates safeguarding women’s property rights within families before the creation of a Waqf. It also reserves two seats for women in both the Central and State Waqf Boards, acknowledging the vital role of women in community development.
‘UMMEED’ – A Vision for the Future
Shri Rijiju concluded by stating that this Bill embodies “UMMEED”—Unified Waqf Management, Empowerment, Efficiency, and Development. It aims to benefit all segments of the Muslim community, including marginalized groups like Pasmanda Muslims, Bohras, Agha Khanis, and women.
He reiterated that the government is not claiming ownership of Waqf property nor interfering in religious affairs. Shri Rijiju expressed hope that the Parliament would support this forward-looking Bill. He credited the Hon. Prime Minister for entrusting him with this responsibility and emphasized the significance of the reforms for millions of poor Muslims across India.