Parliament
Parliament Passes Waqf (Amendment) Bill 2025 as Rajya Sabha Grants Approval: What It Means for India
Table of Contents
On April 3, 2025, the Parliament of India passed the Waqf (Amendment) Bill 2025, a piece of legislation that has sparked significant debate and discussion across the political spectrum. This bill, which seeks to amend the existing Waqf Act of 1995, was approved by the Rajya Sabha after much deliberation. The passage of the bill in both the Lok Sabha and the Rajya Sabha signifies a key moment in India’s legislative history, particularly in terms of its impact on the governance of Waqf properties and their management.
For decades, the Waqf Act has governed the management of Waqf properties—assets and donations that are set aside for religious, charitable, or social purposes under Islamic law. However, critics have pointed out that the existing Waqf Act had several loopholes and areas of ambiguity, leading to mismanagement and disputes over Waqf properties. The Waqf (Amendment) Bill 2025 aims to address these concerns by instituting new provisions that will bring about greater transparency, accountability, and efficiency in the administration of Waqf properties.
What is the Waqf Act and Why is the Amendment Important?
The Waqf Act of 1995 is a law designed to regulate the management of Waqf properties in India. The Act provides for the establishment of State Waqf Boards and a Central Waqf Council to oversee the administration of these properties. The primary goal of the Waqf Act was to ensure that Waqf properties—often land, buildings, and cash—were properly utilized for their intended religious, educational, and social purposes, particularly for the welfare of the underprivileged sections of society.
However, the law has been criticized for being outdated and ineffective in its implementation. In many instances, Waqf properties have been subject to encroachment, mismanagement, and even corruption. Numerous cases of land disputes, unauthorized leasing, and misuse of assets have come to light over the years, leading to growing concerns about the efficacy of the existing Waqf law.
The Waqf (Amendment) Bill 2025 aims to reform the administration of these properties and correct some of the flaws in the current system. The bill seeks to improve governance by enhancing the transparency of Waqf institutions, facilitating better dispute resolution mechanisms, and streamlining the process of property management.
Key Provisions of the Waqf (Amendment) Bill 2025
The Waqf (Amendment) Bill 2025 introduces a series of changes to the original Waqf Act, some of which are aimed at making the process of property management more efficient, while others are intended to enhance accountability. Let’s take a closer look at some of the key provisions:
- Strengthening the Central Waqf Council: One of the major changes introduced by the amendment is the strengthening of the Central Waqf Council. The bill grants more powers to the council, particularly in the oversight of state boards. The Central Waqf Council is now empowered to take more proactive measures in managing disputes, ensuring that the interests of the Waqf beneficiaries are protected. The amendment gives the council the authority to intervene in cases where state boards are found to be ineffective or corrupt.
- Improved Governance and Transparency: The bill also aims to address the issue of mismanagement within Waqf institutions by introducing provisions that enforce transparency and accountability. For example, the Waqf Boards will now be required to publish detailed reports on their financial transactions and the use of Waqf properties annually. This move is expected to reduce the chances of corruption and increase public trust in the management of Waqf assets.
- Digitalization of Waqf Records: Another key feature of the Waqf (Amendment) Bill 2025 is the provision for digitizing Waqf records. This measure is expected to improve the ease of access to information, reduce the chances of document manipulation, and speed up the process of dispute resolution. Digitization will help authorities keep track of Waqf assets in real-time and ensure that the information is up-to-date and easily accessible for both government bodies and the public.
- Enhanced Powers for State Waqf Boards: The bill also enhances the powers of the State Waqf Boards to take swift action in cases of encroachment or illegal activities on Waqf properties. The boards can now take direct action to reclaim properties, bypassing lengthy judicial processes in urgent cases. This is expected to speed up the process of reclaiming Waqf land from unauthorized occupiers.
- Establishment of a Waqf Tribunal: The amendment also proposes the establishment of a Waqf Tribunal at the national level to resolve disputes relating to Waqf properties more efficiently. The tribunal will have the authority to adjudicate disputes between Waqf Boards, Waqf institutions, and individuals. This is expected to speed up the resolution of disputes, which often take years under the current system. By creating a specialized tribunal, the government aims to reduce the burden on regular courts and expedite the legal process.
- Inclusion of Charitable Organizations: The amendment also includes provisions to allow charitable organizations to become involved in the management of Waqf properties. These organizations will now have the legal right to administer Waqf assets, provided they meet specific criteria set by the Waqf Boards. This is seen as a move to enhance the effectiveness of Waqf properties in serving the public good, particularly in areas such as education, healthcare, and social welfare.
- Appointment of Independent Auditors: To ensure that Waqf institutions remain transparent and free from corruption, the bill mandates the appointment of independent auditors to review the finances of Waqf Boards annually. These auditors will be responsible for ensuring that the funds and properties of Waqf institutions are used exclusively for the purposes specified by the Waqf deed.
Political Reactions and Public Response
The passage of the Waqf (Amendment) Bill 2025 has generated a range of reactions across the political spectrum. The government has hailed the bill as a progressive step towards improving the management of Waqf properties and ensuring that they are used for the welfare of the public. It is being viewed as an important measure to bring greater accountability to religious and charitable institutions, which have historically been difficult to regulate.
Opposition parties, however, have raised concerns about the potential for the bill to be misused for political purposes. Some critics have argued that giving the central government more control over Waqf properties could lead to undue influence over religious institutions. There are also concerns about the implementation of digitization and the potential for technical challenges in the process of managing the vast number of Waqf properties across the country.
Nevertheless, the passage of the bill in the Rajya Sabha represents a major step toward reforming the governance of Waqf properties in India. Many experts believe that the bill will have a long-term positive impact on the functioning of Waqf institutions, particularly in terms of reducing corruption, improving transparency, and making the system more efficient.
Impact of the Bill on Waqf Property Management
The Waqf (Amendment) Bill 2025 is poised to have a significant impact on the management and utilization of Waqf properties across India. The bill’s provisions are aimed at curbing corruption, ensuring transparency, and making the system more efficient. By digitizing Waqf records and streamlining the dispute resolution process, the government hopes to bring greater accountability to these institutions.
In addition to improving the governance of Waqf properties, the bill also seeks to increase the involvement of charitable organizations, which will help better utilize Waqf assets for public welfare purposes. This could lead to an increase in the number of social and welfare projects funded by Waqf properties, particularly in areas like education, healthcare, and infrastructure development.
Moreover, the creation of a specialized Waqf Tribunal will make it easier for individuals and organizations to resolve disputes over Waqf properties, reducing the backlog of cases in regular courts and speeding up the legal process. The independent auditing of Waqf institutions will also increase public confidence in the management of these assets.
Conclusion
The passage of the Waqf (Amendment) Bill 2025 marks a significant step forward in reforming the governance of Waqf properties in India. With its provisions for enhanced transparency, improved dispute resolution mechanisms, and the involvement of charitable organizations, the bill promises to make the management of Waqf properties more efficient and accountable. While there are some concerns about the potential misuse of the bill, it is ultimately a step toward ensuring that these properties are used for the welfare of the public, particularly the underprivileged sections of society. The bill’s passage in the Rajya Sabha is an important milestone in India’s legislative journey and may have far-reaching implications for the governance of religious and charitable institutions in the country.
