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The Waqf (Amendment) Bill, 2025: An overview of the Act vs Bill

in Column April 4, 2025 Comments Off on The Waqf (Amendment) Bill, 2025: An overview of the Act vs Bill 358 Views

Introduction

The Waqf (Amendment) Bill, 2025 aims to update the Waqf Act, 1995 to fix issues in the management of Waqf properties. The proposed changes focus on:

  • Overcoming the shortcomings of the previous act and enhancing the efficiency of Waqf boards
  • Updating the definitions of waqf
  • Improving the registration process
  • Increasing the role of technology in managing Waqf records​.

The Mussalman Wakf (Repeal) Bill, 2025 seeks to remove the outdated Mussalman Wakf Act, 1923, which is no longer effective for modern India. The repeal will:

  • Ensure uniform rules for managing Waqf properties under the Waqf Act, 1995.
  • Improve transparency and accountability in Waqf management.
  • Eliminate confusion and legal contradictions caused by the old law.

Major issues:

  1. Irrevocability of Waqf Properties
    • The principle “once a waqf, always a waqf” has led to disputes, such as claims over islands in Bet Dwarka, which have been deemed perplexing by courts as well.
  2. Legal Disputes & Poor Management: The Waqf Act, 1995, and its 2013 amendment have not been effective. Some problems include:
  • Illegal occupation of Waqf land
  • Mismanagement and ownership disputes
  • Delays in property registration and surveys
  • Large-scale litigation cases and complaints to the Ministry
  1. No Judicial Oversight
    • Decisions by Waqf Tribunals cannot be challenged in higher courts.
    • This reduces transparency and accountability in Waqf management.
  2. Incomplete Survey of Waqf Properties
    • The Survey Commissioner’s work has been poor, leading to delays.
    • In states like Gujarat and Uttarakhand, surveys have not even started.
    • In Uttar Pradesh, a survey ordered in 2014 is still pending.
    • Lack of expertise and poor coordination with the Revenue Department have slowed the registration process.
  3. Misuse of Waqf Laws
    • Some State Waqf Boards have misused their powers, leading to community tensions.
    • Section 40 of the Waqf Act has been widely misused to declare private properties as Waqf properties, causing legal battles and unrest.
    • As per information out of 30 States/UTs, data was given only by 8 States where 515 properties have been declared as Waqf under Section 40.
  4. Constitutional Validity of the Waqf Act
    • The Waqf Act applies only to one religion, while no similar law exists for others.
    • A PIL (Public Interest Litigation) has been filed in the Delhi High Court, questioning whether the Waqf Act is constitutional. The Delhi High Court has asked the Central Government to respond to this issue.

Key Features of the Waqf (Amendment) Bill, 2025

Feature Waqf Act, 1995 Waqf (Amendment) Bill, 2025
Name of the Act Waqf Act, 1995 Unified Waqf Management, Empowerment, Efficiency, and Development Act, 2025.
Formation of Waqf Waqf could be formed by declaration, user, or endowment (waqf-alal-aulad).
  • Removes waqf by user and allows formation only through declaration or endowment.
  • Donors must be practicing Muslims for at least five years and must own the property.
  • Waqf-alal-aulad cannot deny inheritance rights to female heirs.
Government Property as Waqf No clear provision. Any government property identified as Waqf will cease to be Waqf. Ownership disputes will be resolved by the Collector, who will submit a report to the state government.
Power to Determine Waqf Property The Waqf Board previously had the power to inquire and determine waqf property.

 

 Provision removed.
Survey of Waqf Assigned survey commissioners and additional commissioners to conduct Waqf surveys.

 

 Empowers Collectors to conduct surveys and mandates pending surveys to be conducted as per state revenue laws.

 
Central Waqf Council Composition
  • Constituted the Central Waqf Council to advise the central and state governments and Waqf Boards.
  • All members of the Central Waqf Council had to be Muslims, including at least two women members.

 

  

  • Two members must be non-Muslims.
  • MPs, former judges, and eminent persons appointed to the Council as per the Act need not be Muslims.
  • The following members must be Muslims: Representatives of Muslim organisations, Scholars in Islamic law, Chairpersons of Waqf Boards
  • Of the Muslim members, two members must be women.
Waqf Boards Composition  

  • Provides for election of up to two members each from electoral colleges of Muslim: (i) MPs, (ii) MLAs and MLCs, and (iii) Bar Council members, from the state to the Board.
  • At least two members must be women
 The Bill empowers the state government to nominate one person from each background to the Board. They need not be Muslims. It adds that the Board must have:

  • Two non-Muslim members
  • At least one member each from Shias, Sunnis, and Backward classes of Muslims
  • One member each from Bohra and Agakhani communities (if there is Waqf in the state)
  • Two Muslim members must be women.
Tribunal Composition Required state-level Tribunals for Waqf disputes, led by a judge (Class-1, District, Sessions, or Civil Judge), and included:

  • A state officer (Additional District Magistrate rank)
  • A Muslim law expert
 The amendment removes the Muslim law expert and instead includes:

    • A current or former District Court judge as chairman
    • A current or former joint secretary to the state government

 
Appeal on Tribunal Orders Decision of the Tribunal are final and appeals against its decisions in Courts are prohibited.

Only High Courts could intervene under special circumstances

 

 The Bill omits provisions deeming finality to Tribunal’s decisions.

Allows appeals to the High Court within 90 days

 
Powers of Central Government State governments could audit Waqf accounts at any time.

 
  • The Bill empowers the central government to make rules regarding registration, publication of accounts of waqf and publication of proceedings of Waqf Boards.
  • The Bill empowers the central government to get these audited by the CAG (Comptroller and Auditor General) or a designated officer.
Separate Waqf Boards for Sects Separate Waqf Boards for Sunni and Shia sects if Shia waqf constitute more than 15% of all waqf properties or waqf income in the state.

 

 Separate Waqf boards allowed for Bohra and Agakhani sects, along with Shia and Sunni sects.

 

 

Inclusion of non-Muslim members in the Waqf Board and Central Waqf Council

Conclusion:

The Waqf (Amendment) Bill, 2025, introduces significant reforms aimed at enhancing the governance, transparency, and efficiency of waqf property management in India. By addressing long-standing issues such as litigation and the lack of judicial oversight, the Bill seeks to create a more structured and accountable framework. Key changes include redefining the formation of waqf, improving the survey and registration process, empowering government oversight, ensuring inclusivity by incorporating non-Muslim members and women into waqf-related bodies. These provisions mark a crucial step toward modernizing Waqf property management in India.

About Editor in chief

Ashok Palit has completed his graduation from Upendranath College Soro, Balasore and post graduation from Utkal University in Odia Language and literture.. He has also carved out a niche for himself as a scribe of eminence after joining the profession in 1988. He is also an independent media production professional. He brings loads of experience to Advanced Media, Ashok Palit as a cineaste has been active in film criticism for over three decades. As a film society activist, he soared to eminence for his profound commitment to the art film appreciation and aesthetics of cinema. His mode of discourse is often erudite but always lucid and comprehensible marked by a perfect acumen so rare in the field. A film aesthete with an immense fond of critical sensibilities, he wrote about growth and development of odia cinema in New Indian Express, The Times of India, The Hindustan Times, The Asian Age and Screen. He has been working as an Editor for Cine Samaya from 2002-2004.. He had made solid contribution on cinema in many odia Dailies and weekly such as Samaj, Prajatantra, Dharatri, Samaya, Satabadi, and weekly Samaya.
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