Centre drafts rules to implement Waqf (Amendment) Act, 2025; likely to be notified before Monsoon Session amid legal challenges.
New Delhi: The Union Ministry of Minority Affairs has prepared draft rules to implement the Waqf (Amendment) Act, 2025 and has sent them to the Union Law Ministry for final approval.
According to officials, these rules are expected to be approved within 15-20 days and may be presented in Parliament during the upcoming monsoon session starting from July 21.
The controversial Waqf (Amendment) Act, which was passed by Parliament in April 2025, brings major changes to how Islamic charitable endowments (waqf properties) are managed and regulated in India.
Several groups and opposition parties have criticised the amendments, calling them unconstitutional. The Supreme Court has already heard arguments in various petitions challenging some provisions and has reserved its verdict.
The ministry moved fast after the law received the President’s assent on April 4. A senior ministry official, speaking anonymously, said,
“We have recently sent it to the law ministry and solicitor general Tushar Mehta for final approval and finishing touches.”
He added,
“Once approved there, it goes to the Centre for final sign-off, then notification in the public gazette.”
Former Lok Sabha Secretary General PDT Achary clarified that there is no need to first inform Parliament before making the rules public.
“There is absolutely no rule and requirement for the government to first notify the parliament about the rules and then notify,”
he said.
“As soon as the rules are approved, they can be uploaded and publicly notified through the gazette and come into effect. The government has to table it in the Parliament but there is no rule about the rules being notified to the parliament first.”
Union Minister for Minority Affairs Kiren Rijiju also confirmed that the rules are currently with the law ministry for finalisation.
In India, a waqf refers to a religious endowment made by Muslims for purposes of charity and community welfare, often in the form of land or property.
The Waqf (Amendment) Act, which was modified based on a joint parliamentary committee’s recommendations, allows the government to have more control over waqf boards.
It also introduces changes such as allowing non-Muslims and women to be appointed as waqf board members — a move strongly opposed by several religious groups.
The rules are important because they explain the actual working of the new law. These include steps for registering waqf properties, how the central portal will function, and how members will be selected for different waqf councils.
One key change is that the law removes the “waqf by user” provision. This earlier rule accepted property as waqf based on continued religious use, even without official registration.
Now, this has been scrapped, but only for future cases. The law also allows women, Shia Muslims, and government officials to become members of waqf bodies. Further, senior officials are given power to decide if a government-owned property qualifies as waqf.
It also says that only a person
“showing or demonstrating that he is practising Islam for at least five years”
can donate property as waqf. In addition, women or other legal heirs cannot be denied their share in inheritance just because a waqf was created from the property.
The ministry official said,
“The process should take a few days. We hope the rules will be published within 15-20 days, in time for tabling in the monsoon session.”
The official also added,
“It is a huge achievement… we did not think the process would be this seamless. We had good support from the states and completed the final rules drafting in record time.”
The drafting process involved 15-20 consultations with various stakeholders, including states and ministries.
The official said,
“Every single updated draft, no matter how minor the changes, was shared with the states for their views. Each state participated without exceptions.”
Under Indian law, once rules are approved by a ministry, they are notified in the official gazette. Later, they must be presented in both Houses of Parliament within 30 days. As per the Waqf Act,
“Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days… and if… both Houses agree in making any modification in the rule or… that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect.”
However, even if the rules are later modified or cancelled by Parliament, any action already taken under the rules remains valid.
Many activists and groups such as the All India Muslim Personal Law Board (AIMPLB) have challenged the law in court. On May 22, the Supreme Court reserved judgment after hearing their arguments seeking a stay on some provisions.
The ministry official stated that the rules will also explain how the new UMEED portal (Unified Waqf Management, Empowerment, Efficiency and Development) will function.
The portal aims to keep a digital record of all waqf properties, enable geo-tagging and mapping, offer online complaint redressal, ensure transparent leasing, and give public access to verified data.
The official added,
“We want an all inclusive approach to it.”
He further clarified,
“Even if the Supreme Court says something, we will just make the changes in the rules but since the act has been passed and received the President’s assent, we will notify rules.”
Preparations to implement the new law have already begun. The ministry recently wrote to chief secretaries of all states, asking them to start training district officers. These officers will train mutawallis (managers of waqf properties) and other concerned staff.
The official said,
“The biggest task for implementing the rules is capacity building so we have already started with the same.”
He added,
“As a Union ministry, we can train state level officers but the states will in turn have to train district level officers… so they can be in a good position to implement the rules once notified.”
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