The bill, which was introduced in the Lok Sabha by Minority Affairs Minister Kiren Rijiju, has sparked controversy among opposition leaders.
NEW DELHI: Congress MP Gaurav Gogoi strongly criticized the Narendra Modi government on Wednesday, alleging that the new Waqf Amendment Bill is an attempt to weaken the Constitution and create divisions in society. He claimed that the bill is designed to harm minority communities and their rights.
Gogoi, leading the Opposition’s response, stated, “This bill aims to dilute the Constitution, defame minority communities, divide Indian society, and disenfranchise minorities.”
The bill, which was introduced in the Lok Sabha by Minority Affairs Minister Kiren Rijiju, has sparked controversy among opposition leaders.
Dismissing claims by Union Home Minister Amit Shah and Kiren Rijiju that the bill was reviewed by a Joint Parliamentary Committee (JPC) and that all parties’ inputs were considered, Gogoi countered, “There was no clause-by-clause discussion.”
He further added, “Not a single amendment suggested by the Opposition has been adopted.”
During the debate, Gogoi cautioned that this bill could be the beginning of a broader strategy to target minority communities in India.
He warned, “Today, they are targeting the land of one community; Tomorrow, they will target another.”
His statement suggests fears that similar legislative changes could impact other religious groups in the future.
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In defense of the bill, Minority Affairs Minister Kiren Rijiju clarified that the Modi government is not interfering with religious freedoms as guaranteed by the Constitution.
Citing Article 25(1), he stated, “This is related to waqf management. It has got nothing to do with interfering in others’ religions.”
However, Gogoi challenged Rijiju’s argument by pointing to a provision in the bill that requires a person to have practiced Islam for at least five years before they can declare a property as Waqf.
Questioning this requirement, he asked, “Will they ask for a certificate from other religions whether you have completed five years or not? Why is this being asked in this bill? Why is the government interfering in this matter of religion?”
Key Changes in the Waqf (Amendment) Bill, 2024
Formation of Waqf: The Bill modifies the conditions for creating a waqf. It allows waqf to be formed through:
(i) declaration by an eligible individual,
(ii) recognition based on long-term use (waqf by user), and
(iii) endowment when the line of succession ends (waqf-alal-aulad). However, it removes waqf by user.
Additionally, only a Muslim who has practiced Islam for at least five years and owns the property can declare a waqf. The Bill also mandates that waqf-alal-aulad cannot disinherit any legal heirs, including female heirs.
Survey of Waqf Properties: Under the existing Act, a Survey Commissioner is responsible for conducting waqf property surveys. The Bill replaces this role with the District Collector, granting them authority over such surveys.
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Government Property and Waqf: The Bill states that if a government-owned property is identified as waqf, it will no longer be considered as such. In case of ownership disputes, the District Collector will investigate and submit a report to the state government. If the property is deemed to belong to the government, it will be recorded in revenue records accordingly.
Composition of the Central Waqf Council: Currently, the Union Minister in charge of waqf serves as the ex-officio chairperson of the Central Waqf Council, with members including Members of Parliament, legal experts, and scholars of Muslim law. The Act requires that all Council members, except the Minister, be Muslim, with at least two being women. The Bill removes the requirement that MPs, judges, and other appointees must be Muslim and mandates that at least two members must be non-Muslims.
Composition of Waqf Boards: The Act currently allows up to two members each from electoral colleges of Muslim MPs, MLAs, and Bar Council members to be elected to the State Waqf Board. The Bill replaces elections with direct nominations by the state government. The nominees do not have to be Muslim. Additionally, the Bill mandates that:
- At least two Board members must be non-Muslims.
- The Board must include representatives from Shias, Sunnis, and Backward Classes of Muslims.
- At least two Muslim members must be women.
Composition of Waqf Tribunals: The existing Act requires Waqf Tribunals to have:
- A District or Sessions Judge as Chairman,
- A state government officer of Additional District Magistrate rank,
- An expert in Muslim law.
The Bill removes the requirement for an expert in Muslim law and restructures the Tribunal to consist of:
- A serving or retired District Judge as Chairman,
- A serving or retired officer of the rank of Joint Secretary to the state government.
Appeals Against Tribunal Decisions: Currently, Waqf Tribunal decisions are final, with only limited review by the High Court. The Bill allows Tribunal orders to be appealed in the High Court within 90 days.
Key Issues and Analysis
Reduction of Muslim Representation in Waqf Governance: The Waqf Act and related legislation historically required waqf governance bodies to be exclusively Muslim, aligning with Muslim personal law. The Bill modifies this by mandating non-Muslim representation in these bodies.
This raises concerns regarding potential conflicts with Article 26 of the Constitution, which guarantees religious groups the right to manage their own affairs. Other religious and charitable institutions in India generally require board members to belong to their respective faiths.
Non-Muslim Members in Waqf Institutions:
- Under the current Act, the Central Waqf Council and State Waqf Boards consist mostly of Muslims. The Bill changes this by mandating non-Muslim representation.
- The Act required state Waqf Board members to be Muslim. The Bill mandates at least two non-Muslim members, allowing for a non-Muslim majority.
- The Act mandates two female Board members; the Bill specifies that at least two of the Muslim members must be women but does not impose similar conditions for non-Muslim members.
Changes in Waqf Board Composition:
| Parameter | Waqf Act, 1995 | Waqf (Amendment) Bill, 2024 |
|---|---|---|
| Total Members | 8-12 | Up to 11 |
| Appointment Method | Elected & Nominated (All Muslim) | All Nominated |
| Composition Changes | Elected representatives from Muslim MPs, MLAs, Bar Councils | Nominees from MPs, MLAs, Bar Council, professionals, and government officers (may be non-Muslim) |
| Mandate for Women | At least 2 women | At least 2 Muslim women |
Chief Executive Officer (CEO) Appointment: Under the Act, the CEO of the State Waqf Board must be a Muslim officer of Deputy Secretary rank or equivalent. The Bill removes this requirement, allowing non-Muslims to be appointed as CEO. This contrasts with other religious and charitable endowment laws, where administrators are typically required to belong to the respective religious community.
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