Waqf Bill in Lok Sabha: What is it? Why are proposed changes contentious?

The Central government has tabled the contentious Waqf (Amendment) Bill, 2024 in the Lok Sabha. Union Minority Affairs Minister Kiren Rijiju reintroduced the bill in the Lower House today (April 2) for debate and passage.

A showdown is expected in the Lok Sabha as the ruling National Democratic Alliance (NDA) and the opposition INDIA bloc have failed to reach bipartisan consensus over the proposed amendments. Despite the opposition likely to reject the bill unanimously, the ruling NDA led by the Bharatiya Janata Party (BJP) has numbers on its side to get the legislation cleared in the Lok Sabha.

Let’s take a closer look.

What is the Waqf (Amendment) Bill?

The Waqf (Amendment) Bill, 2024, introduces changes to the Waqf Act, 1995, which governs the management of Waqf properties in the country. It renames the 1995 law to the Unified Waqf Management, Empowerment, Efficiency, and Development Act.

The proposed legislation was first introduced in Parliament last August and later referred to a Joint Parliamentary Committee (JPC) headed by BJP MP Jagdambika Pal. On February 27, the panel cleared 14 amendments recommended by the BJP or its NDA allies.

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The opposition objected to all 44 amendments proposed by the Centre to the 1995 Waqf Bill and submitted dissent notes.

For the unversed, Waqf is the property dedicated for religious or charitable purposes in the name of Allah.

The Waqf Act of 1995 defines Waqf as the “permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable.”

Waqf properties, which are managed by a Waqf board, include mosques, idgahs, dargahs, khanqahs, imambaras, qabristans (graveyards), and so on.

The dedicated property cannot be taken back and the Waqf remains a continuing entity.

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Why is Waqf (Amendment) Bill controversial?

The Waqf (Amendment) Bill, 2024, has faced opposition from various quarters over certain proposed changes to the Waqf Act.

Critics argue the proposed law will empower the government to interfere in Waqf matters, including determining whether a property is a Waqf.

Section 40 of the Waqf Act empowers the Waqf Board to decide whether a particular property is a Waqf property. The decision of the Board is final until it is revoked or changed by the Waqf Tribunal.

The new bill extends the Waqf Tribunal’s power to the District Collector. However, as per Livemint, after the JPC’s recommendation, a government officer above the rank of collector will survey the properties claimed as Waqf.

The Bill states that “any government property identified or declared as Waqf property, before or after the commencement of the Act, shall not be deemed to be a Waqf property.”

The government says the amendments are necessary for “the efficiency of the administration and management of the waqf properties.”

Another contentious provision of the Bill is the inclusion of non-Muslims in the Waqf Board. The proposed law calls for a non-Muslim Chief Executive Officer, and appointing at least two non-Muslim members by the state government to the Waqf Boards.

VIDEO | Waqf (Amendment) Bill: Minister of Parliamentary Affairs and Minister of Minority Affairs Kiren Rijiju (@KirenRijiju) says in Lok Sabha, "Maximum four non-Muslim members, including compulsory two women members, can be there in Waqf Council. At present, there are no women… pic.twitter.com/8ronRypx5Q

— Press Trust of India (@PTI_News) April 2, 2025

Government sources told Indian Express that this amendment was introduced to bring additional expertise to the Waqf Board, without weakening the representation of Muslims as the majority of the members will remain from the community.

The amendments also remove the provision of “Waqf by use”, meaning the property is deemed Waqf because of its use for religious or charitable purposes over a long time, even if there is a lack of original declaration by the owner.

The new bill recognises only properties formally declared as waqf are recognized. The government argues that the sweeping power to Waqf Boards for claiming properties results in disputes and litigations.

The Bill also proposes to remove Section 107 of the 1995 Act that made the Limitation Act, 1963, inapplicable to Waqf properties.

Due to this provision, the Waqf Board is not restricted by the deadline of 12 years to file a case to reclaim its properties from encroachment.

The amendment bill replaces the Survey Commissioner appointed by the state government to examine waqf with the District Collector or any other officer not below the rank of a Deputy Collector duly nominated by the Collector.

Can govt get the bill passed in Parliament?

The BJP-led NDA is comfortably placed in the Lok Sabha to get the Waqf (Amendment) Bill, 2024, passed.

The NDA has 293 MPs in the Lower House, which currently has a strength of 542. The majority mark is 271.

The INDIA bloc has 235 MPs in the Lok Sabha. The non-aligned parties like the AIMIM (one MP), YSRCP (four MPs) and Aazad Samaj Party (one MP) have also opposed the Waqf bill, taking the total tally against the proposed legislation to 241.

If the bill goes to the Rajya Sabha after being cleared by the Lok Sabha hurdle, the NDA could get it passed even there.

In the 236-member Upper House, the ruling NDA has 125 MPs, along with the support of two independents and six nominated members. The bill is expected to easily get the nod in Rajya Sabha.

With inputs from agencies