Understand Waqf and how Waqf (Amendment) Bill, 2024, aims to reform waqf management by enhancing transparency, streamlining governance, and addressing longstanding disputes over waqf properties.
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NEW DELHI: On August 8, 2024, two significant legislative proposals, namely the Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024, were introduced in the Lok Sabha. These bills aim to enhance the efficiency of Waqf Board operations and ensure better management of Waqf properties across India.
Objective of the Waqf (Amendment) Bill, 2024
The Waqf (Amendment) Bill, 2024, seeks to amend the Waqf Act, 1995, by addressing existing challenges in regulating and managing Waqf properties. The amendments are designed to improve administrative efficiency, streamline governance mechanisms, and introduce technological advancements in property registration and management. Key features of this amendment include:
- Renaming of the Waqf Act, 1995.
- Updating the definition and classification of Waqf properties.
- Enhancing the registration process for improved transparency.
- Incorporating technological tools to maintain digital records and facilitate property management.
Objective of the Mussalman Wakf (Repeal) Bill, 2024
The Mussalman Wakf (Repeal) Bill, 2024, proposes the repeal of the Mussalman Wakf Act, 1923, an outdated colonial-era legislation. The repeal aims to:
- Eliminate inconsistencies and redundancies by consolidating the legal framework under the Waqf Act, 1995.
- Ensure a uniform, transparent, and accountable system for the administration of Waqf properties.
The Waqf (Amendment) Bill, 2024, has been referred to the Joint Committee of Parliament for further deliberation.
What is Waqf?
Waqf refers to properties dedicated solely for religious or charitable purposes under Islamic law. The ownership of such properties is irrevocably transferred to divine ownership (Allah), and any sale or repurposing is prohibited. The person who donates or establishes a waqf is called a ‘waqif.’ The administration of Waqf properties is managed by a ‘mutawalli,’ who is appointed by the waqif or a competent authority to oversee its maintenance and usage.
What is the historical origin of Waqf?
The concept of Waqf in India dates back to the Delhi Sultanate era when Sultan Muizuddin Sam Ghaor dedicated two villages to the Jama Masjid of Multan. Over time, successive Islamic dynasties increased the number of Waqf properties.
In the late 19th century, the British Privy Council sought to abolish Waqfs, declaring them
“a perpetuity of the worst and most pernicious kind”
However, this ruling was rejected in India, leading to the enactment of the Mussalman Waqf, validating Act of 1913, which safeguarded the institution of Waqf in the country.
What are the major legislative developments in Waqf governance?
- Waqf Act, 1954: Marked the first attempt at centralizing Waqf administration. It led to the establishment of the Central Waqf Council in 1964 and state Waqf boards under Section 9(1) of the Act.
- Waqf Act, 1995: Strengthened Waqf administration, making it an overriding law. It defined the roles of the Central Waqf Council, State Waqf Boards, and Waqf Tribunals. The Act empowered Waqf Tribunals with final authority over disputes, limiting the jurisdiction of civil courts.
- 2013 Amendments: Introduced provisions to enhance transparency and efficiency in Waqf management. However, subsequent implementation challenges necessitated further reforms.
- Waqf Repeal Bill, 2022: Proposed a more equitable treatment of religious bodies akin to Waqf institutions.
Can Waqf properties be revoked?
No. The doctrine of “once a waqf, always a waqf” ensures that once a property is designated as Waqf, it remains Waqf in perpetuity. This irrevocable nature has led to long-standing disputes, such as claims over Bengaluru Eidgah ground and the Surat Municipal Corporation building.
Do all Islamic countries have Waqf properties?
No. Several Islamic nations, including Turkey, Libya, Egypt, Sudan, Lebanon, Syria, Jordan, Tunisia, and Iraq, do not maintain Waqf institutions. In contrast, India has the largest Waqf landholdings globally, legally protected under the Waqf Act.
What is the scale of Waqf properties in India?
- Total properties under Waqf control: 8.7 lakh properties covering 9.4 lakh acres.
- Estimated value: ₹1.2 lakh crore.
- Registered Waqf Estates: 3,56,051.
- Registered Immovable Properties: 8,72,328.
- Registered Movable Properties: 16,713.
- Digitized records: 3,30,000.
Major challenges associated with Waqf properties?
Several concerns have been raised regarding Waqf property administration, including:
- Lack of diversity in governance: Limited representation in the constitution of Waqf Boards and the Central Waqf Council.
- Misuse of power: Allegations of corruption and mismanagement by Mutawallis.
- Non-maintenance of records: Ineffective financial accounting and land documentation.
- Encroachment issues: Disputes over property ownership and delays in survey completion.
- Judicial oversight concerns: Waqf Tribunal decisions are final, limiting recourse to higher judicial bodies.
- Inconsistent survey procedures: Surveys have been delayed in states like Gujarat, Uttarakhand, and Uttar Pradesh due to lack of expertise and coordination with revenue departments.
- Abuse of legal provisions: Section 40 of the Waqf Act has reportedly been exploited to claim private properties as Waqf, leading to extensive litigation and inter-community tensions.
- Constitutional validity concerns: The special status of Waqf under Indian law has been challenged in court, with the Delhi High Court currently examining the matter.
How many complaints regarding Waqf properties have been received?
The Ministry of Minority Affairs has received numerous grievances from both Muslim and non-Muslim stakeholders, including:
- 148 complaints (since April 2023) regarding illegal encroachments, land mismanagement, and delays in surveys.
- 566 complaints (April 2022 – March 2023) via the CPGRAMS portal, of which:
- 194 related to illegal land transfers and encroachments.
- 93 complaints concerned corruption among Waqf Board officials and Mutawallis.
- Parliamentary concerns: MPs from various parties have highlighted issues such as inadequate rent collection, failure to complete surveys, and lack of inheritance rights for widows.
How many cases are currently pending with the Waqf Administration?
The Ministry’s analysis of Tribunal operations has revealed a backlog of 40,951 pending cases, including 9,942 cases filed by members of the Muslim community against institutions managing Waqf properties. Additionally, there is a significant delay in case resolution, with no provision for judicial oversight of Tribunal decisions.
What are the prevalent issues and complaints in the existing Waqf system?
The lack of transparency and the extensive powers of Waqf Boards have led to numerous challenges for individuals. Some notable cases include:
- Thiruchenthurai Village, Tamil Nadu: A farmer named Rajagopal was unable to sell his land to repay a loan after the Waqf Board claimed ownership of his entire village. The board’s requirement for a No Objection Certificate (NOC) created financial distress. While the land was historically donated as Waqf in 1956, the Ministry of Minority Affairs (MoMA) has currently stayed a request to assign a “zero value” to Waqf properties, allowing transactions to proceed. The issue has also sparked political and communal tensions.
- Bengaluru Eidgah Ground Case: Despite no formal title transfer to any Muslim organization, the Waqf Board asserted ownership over the property, claiming it had been Waqf land since the 1850s.
- Surat Municipal Corporation Case: The Gujarat Waqf Board staked a claim to the Surat Municipal Corporation (SMC) building, arguing that it was originally a sarai (inn) used during Hajj pilgrimages in the Mughal era. Due to outdated documentation, the board claimed ownership, citing the principle that “once a Waqf, always a Waqf.”
- Islands in Bet Dwarka: The Gujarat Waqf Board filed an application in the Gujarat High Court claiming ownership of two islands in Bet Dwarka. The judge, puzzled by the claim, refused to hear the petition and requested its revision.
- ki In this case, an apartment owner registered his property with the Gujarat Waqf Board, leading to its designation as a religious site. This resulted in Namaz being offered there, raising concerns that any apartment could potentially be converted into a mosque without the consent of other residents.
Why Was the Waqf Amendment Bill, 2025 Introduced?
Over the years, several pressing concerns have arisen in the governance of waqf properties:
1. Outdated and Overlapping Legal Provisions
The Mussalman Wakf Act of 1923, enacted during British rule, continued to exist alongside the more recent Waqf Act, 1995, creating jurisdictional overlaps and legal ambiguity. The 2025 Bill proposes the formal repeal of the 1923 Act, thereby eliminating legislative duplication and vesting complete authority in the Waqf Act, 1995 as the sole governing statute.
2. Rampant Mismanagement of Waqf Properties
Waqf properties across India, valued at billions of rupees, have frequently been subject to encroachments, illegal transfers, lack of maintenance, and embezzlement. A core objective of the amendment is to strengthen internal mechanisms and accountability measures to ensure better utilization and preservation of these assets.
3. Lack of Transparency and Public Accountability
The existing framework suffers from opaque decision-making, poor public disclosure, and inadequate stakeholder participation. The amendment proposes steps for better record-keeping, digitalization of waqf property data, and improved access to information for beneficiaries and the general public.
4. Inefficiencies in Property Surveys and Registration
Surveys conducted by State Waqf Boards have often been incomplete or outdated, causing disputes and confusion about the exact status and extent of waqf properties. The Amendment aims to mandate periodic surveys, streamline registration procedures, and impose strict timelines to complete property documentation.
5. Excessive Discretion under Section 40
Section 40 of the Waqf Act, 1995 allows the Waqf Board to declare any property as waqf property, even without the consent of the current titleholder. This discretionary power has led to allegations of misuse and arbitrary decisions. The Amendment Bill seeks to introduce checks and balances to this provision, including provisions for fair hearing, evidence-based decision-making, and the right to appeal.
Key Features of the Waqf Amendment Bill, 2025
Stakeholder Representation: Ensures that mutawallis (property caretakers), beneficiaries, and community leaders have a greater say in decision-making.
Unified Legal Framework: Repeals the outdated Mussalman Wakf Act, 1923 and consolidates all waqf-related legal matters under the Waqf Act, 1995.
Digital Database: Mandates creation of a centralized digital record of all waqf properties accessible to the public.
Time-Bound Registration: Introduces deadlines for property surveys and registrations to curb delays and bureaucratic red tape.
Strengthened Dispute Resolution: Enhances the role and authority of Waqf Tribunals, making them more accessible and efficient for settling property disputes.
Which stakeholders were consulted by the Ministry?
The Ministry of Minority Affairs engaged with a wide range of stakeholders, including:
- Sachar Committee Report findings
- Observations of Joint Parliamentary Committees (JPCs)
- Concerns raised by public representatives, media, and the general public regarding Waqf mismanagement
- State Waqf Boards
Key concerns included misuse of Waqf powers and the underutilization of Waqf properties.
What were the recommendations of the Sachar Committee?
The Sachar Committee Report (2006) highlighted that efficient utilization of Waqf properties could generate annual revenues of at least Rs. 12,000 crores (assuming a 10% return). The committee’s key recommendations included:
- Strengthening regulations for Mutawallis
- Enhancing record-keeping and management
- Incorporating non-Muslim technical experts in Waqf management
- Implementing organizational reforms to make Waqf Boards more effective
- Ensuring women’s representation (two female members in the Central and State Waqf Boards)
- Appointing a Joint Secretary-level officer in CWC and SWBs
- Bringing Waqf Boards under a financial audit framework
What were the recommendations of the Joint Parliamentary Committee?
The Joint Parliamentary Committee (JPC) Report (2008), presented in the Rajya Sabha on March 4, 2008, proposed the following:
- Restructuring Waqf Board composition
- Appointing a senior-level officer as CEO for State Waqf Boards
- Strict action against unauthorized sale or transfer of Waqf properties
- Harsher penalties for Mutawallis failing to perform their duties
- Allowing High Court jurisdiction over certain Waqf matters
- Computerizing Waqf Boards
- Ensuring adequate representation of the Shia community in the Central Waqf Council (CWC)
- Changes in Waqf Surveys:
- Surveys will now be conducted by Collectors under state revenue laws, instead of by a Survey Commissioner.
- Reforming the Central Waqf Council (CWC)
- The Union Minister for Waqf will remain the ex-officio chairperson.
- At least two Council members must be non-Muslims.
- MPs, former judges, and experts need not be Muslim.
- Of the Muslim members, two must be women.
- Waqf Boards Composition:
- State governments will now nominate (instead of electing) members from MPs, MLAs, and Bar Councils.
- Boards must include two non-Muslim members and representation from Shia, Sunni, Bohra, and Agakhani communities (if present in the state).
- Two Muslim members must be women.
- Revised Tribunal Structure:
- The Tribunal will no longer include a scholar of Muslim law.
- Instead, it will consist of:
- A District Court judge (current/former) as Chairman
- A Joint Secretary-level officer
- Appeal Rights:
- Tribunal decisions will no longer be final.
- Appeals can be made to the High Court within 90 days.
- Central Government Oversight
- The Comptroller and Auditor General (CAG) will audit Waqf accounts.
Comparison: Waqf Act, 1995 vs. 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 | Allowed by declaration, user (customary usage), or waqf-alal-aulad (family waqf) | Removes ‘user’ as a mode of creation; only declaration or endowment allowed. Donors must be practicing Muslims for 5+ years and property owners. Waqf-alal-aulad cannot deny inheritance to female heirs. |
| Government Property as Waqf | No clear provision | Any government land identified as waqf will no longer be waqf. Disputes over such land will be resolved by the Collector and reported to the state government. |
| Power to Determine Waqf Property | Waqf Boards could independently inquire and declare property as waqf (under Section 40) | This power is completely removed; Waqf Boards can no longer determine property as waqf. |
| Survey of Waqf | Surveys conducted by designated survey commissioners | Survey responsibility given to Collectors. All pending surveys to be completed under state revenue laws. |
| Central Waqf Council Composition | All members had to be Muslims, including at least two women | Allows inclusion of non-Muslims: MPs, former judges, eminent persons. Muslim representatives must include two women, Islamic law scholars, and Waqf Board chairs. |
| Waqf Board Composition | Election of up to two Muslim members from MPs, MLAs/MLCs, and Bar Councils. At least two women members required. | Adds state-nominated members (need not be Muslims). Requires inclusion of: 2 non-Muslims, 1 each from Shia, Sunni, Backward Muslim communities, Bohra & Agakhani (if applicable). Two Muslim members must be women. |
| Tribunal Composition | A judge + one Muslim law expert + a state officer (ADM rank) | Removes Muslim law expert. Includes a serving/former District Judge (Chair), and a serving/former Joint Secretary of the state. |
| Appeal on Tribunal Orders | Tribunal decisions were final; no appeal allowed, except under special circumstances in High Courts | Allows appeals to High Courts within 90 days of Tribunal’s decision. Removes absolute finality of Tribunal orders. |
| Powers of Central Government | State governments could audit waqf accounts | Central Government can now frame rules on waqf registration, accounts, and publication of board decisions. CAG or designated officer may audit waqf accounts. |
| Separate Waqf Boards for Sects | Separate Sunni and Shia boards allowed if Shia waqf exceeds 15% of total waqf value or income in a state | Separate Boards also allowed for Bohra and Agakhani sects, in addition to Sunni and Shia |
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