The Waqf (Amendment) Bill, 2024, set to be tabled in Lok Sabha, has sparked concerns over its potential retrospective impact on existing Waqf properties.
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NEW DELHI: The Janata Dal (United) [JD(U)] has expressed its support for the Waqf (Amendment) Bill, 2024, set to be tabled in Lok Sabha on April 2, 2025. However, the party has raised concerns regarding the retrospective application of certain provisions, particularly the removal of the ‘Waqf by user’ clause, which could impact existing Waqf properties.
JD(U)’s Stance on the Bill
On April 1, JD(U) MP and national working president Sanjay Jha emphasized that the party had always upheld the interests of the Muslim community and had reservations about any retrospective changes to Waqf laws. He stated that while JD(U) would support the Bill, it had urged the government to ensure that long-established practices remain undisturbed.
Jha further highlighted that JD(U) members in the Joint Parliamentary Committee had recommended against retrospective implementation, suggesting that any modifications should only apply prospectively.
What Does Retrospective Implementation Mean for Waqf Properties
Under the existing Waqf Act, 1995, the law recognizes ‘Waqf by user’, meaning that properties used for religious or charitable purposes over an extended period—regardless of formal documentation—would be considered Waqf properties. Many mosques, graveyards, and religious structures fall under this category.
The proposed amendment removes this concept, raising concerns that Waqf properties lacking official documentation (Waqfnama) may lose their status. Critics argue that if the provision is applied retrospectively, properties classified as ‘Waqf by user’ in the past could face legal disputes and potential loss of Waqf status.
Political Positions on the Bill
During initial discussions in August 2024, NDA allies JD(U), TDP, and LJP (Ram Vilas) maintained a neutral stance and sought to address concerns raised by Muslim organizations. However, by January 2025, all three parties had backed key amendments and signaled their support for the revised Bill.
In contrast, Opposition parties have strongly opposed certain provisions, particularly those that:
- Allow non-Muslims to be appointed as the CEO of the Waqf Board.
- Mandate the inclusion of at least two non-Muslim members in every state’s Waqf Board.
- Grant district collectors the authority to determine whether a property is Waqf in case of disputes.
- Require mandatory registration of all Waqf properties in a central database within six months of the law’s enactment.
- Remove the provision that made the Waqf Tribunal’s decision final, potentially opening more disputes.
Key Amendments and Their Implications
- Stricter Regulations on Waqf Property Management
The amendment strengthens the regulatory framework for waqf properties, requiring more stringent documentation and oversight by state waqf boards. While this aims to curb mismanagement and unauthorized transfers, it also raises concerns about bureaucratic overreach and possible delays in property development and utilization.
- Increased Government Oversight
The bill enhances the government’s power to intervene in waqf property matters. This has led to apprehensions about excessive state control over religious endowments, potentially infringing upon the autonomy of waqf institutions. Critics argue that such intervention might be politically motivated and could lead to selective enforcement.
- Dispute Resolution Mechanism
A new provision streamlines the process for resolving disputes related to waqf properties. While this could expedite legal proceedings, concerns persist regarding fairness, particularly in cases where affected parties belong to marginalized communities with limited access to legal resources.
- Public Interest Considerations
The bill includes provisions allowing waqf properties to be repurposed for public welfare projects under specific conditions. While proponents view this as a progressive step towards social development, opponents argue that it could pave the way for encroachments and dilution of religious endowments.
Legal and Constitutional Concerns
- Conflict with Property Rights
The bill’s provisions may conflict with constitutional guarantees under Article 300A (Right to Property). If waqf properties are repurposed without adequate compensation or due process, it could invite legal challenges.
- Religious Freedom and Autonomy
Under Article 26, religious denominations have the right to manage their own affairs, including waqf properties. The amendment’s increased state control may be seen as an infringement on this right, leading to constitutional challenges.
- Federalism Issues
Waqf administration falls under the Concurrent List, allowing both the central and state governments to legislate. However, increased central intervention could lead to conflicts with state governments, particularly those with significant waqf assets.
Social and Political Ramifications
- Impact on Muslim Community
The bill is likely to have a profound impact on the Muslim community, which largely manages and benefits from waqf institutions. Any perceived bias in its implementation could lead to distrust towards the government and heighten communal tensions.
- Potential for Political Misuse
With greater government control, the possibility of politically motivated interventions in waqf properties increases. Critics fear selective enforcement against certain institutions or individuals based on political considerations.
- Economic Consequences
If the bill leads to excessive restrictions on waqf property transactions, it could negatively impact the economic potential of these properties, reducing revenue for charitable and educational activities funded by waqf income.
ALSO READ: LEGAL EXPLAINER| Waqf & The Waqf Amendment Bill 2024: Key Legal Changes & Impact
Recommendations for Improvement
- Ensure Transparent Implementation – Establish independent oversight mechanisms to prevent bureaucratic and political misuse.
- Guarantee Fair Compensation – Any repurposing of waqf properties should be accompanied by fair market-based compensation.
- Strengthen Judicial Oversight – Allow courts to have a greater say in dispute resolution rather than increasing executive control.
- Consult Stakeholders – Involve community leaders and waqf managers in the drafting and execution of the law to ensure broad-based acceptance.
Implications Moving Forward
As the Lok Sabha debates the Waqf (Amendment) Bill, 2024, stakeholders—including political parties, religious organizations, and legal experts—will closely watch how concerns about retrospective implementation and governance changes are addressed. The NDA government, relying on support from JD(U) and TDP, is expected to push the Bill through Lok Sabha, with a comfortable majority in Rajya Sabha as well.
While the removal of ‘Waqf by user’ aims to bring clarity to Waqf property management, its impact on existing properties remains a contentious issue. The final decision on retrospective or prospective implementation could significantly shape the legal landscape for Waqf governance in India.
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