The Waqf (Amendment) Bill, 2025: An overview of the Act vs Bill
Introduction
The Waqf (Amendment) Bill, 2025 aims to update the Waqf Act, 1995 to fix issues in the management
of Waqf properties. The proposed changes focus on:
● Overcoming the shortcomings of the previous act and enhancing the efficiency of Waqf boards
● Updating the definitions of waqf
● Improving the registration process
● Increasing the role of technology in managing Waqf records.
The Mussalman Wakf (Repeal) Bill, 2025 seeks to remove the outdated Mussalman Wakf Act, 1923,
which is no longer effective for modern India. The repeal will:
● Ensure uniform rules for managing Waqf properties under the Waqf Act, 1995.
● Improve transparency and accountability in Waqf management.
● Eliminate confusion and legal contradictions caused by the old law.
Major issues:
1. Irrevocability of Waqf Properties
o The principle "once a waqf, always a waqf" has led to disputes, such as claims over
islands in Bet Dwarka, which have been deemed perplexing by courts as well.
2. Legal Disputes & Poor Management: The Waqf Act, 1995, and its 2013 amendment have not
been effective. Some problems include:
● Illegal occupation of Waqf land
● Mismanagement and ownership disputes
● Delays in property registration and surveys
● Large-scale litigation cases and complaints to the Ministry
3. No Judicial Oversight
o Decisions by Waqf Tribunals cannot be challenged in higher courts.
o This reduces transparency and accountability in Waqf management.
4. Incomplete Survey of Waqf Properties
o The Survey Commissioner’s work has been poor, leading to delays.
o In states like Gujarat and Uttarakhand, surveys have not even started.
o In Uttar Pradesh, a survey ordered in 2014 is still pending.
o Lack of expertise and poor coordination with the Revenue Department have slowed the
registration process.
5. Misuse of Waqf Laws
o Some State Waqf Boards have misused their powers, leading to community tensions.
o Section 40 of the Waqf Act has been widely misused to declare private properties as Waqf
properties, causing legal battles and unrest.
o As per information out of 30 States/UTs, data was given only by 8 States where 515
properties have been declared as Waqf under Section 40.
6. Constitutional Validity of the Waqf Act
o The Waqf Act applies only to one religion, while no similar law exists for others.
o A PIL (Public Interest Litigation) has been filed in the Delhi High Court, questioning
whether the Waqf Act is constitutional. The Delhi High Court has asked the Central
Government to respond to this issue.
Key Features of the Waqf (Amendment) Bill, 2025
Feature Waqf Act, 1995 Waqf (Amendment) Bill, 2025
Unified Waqf Management,
Name of the Act Waqf Act, 1995 Empowerment, Efficiency, and
Development Act, 2025.
● Removes waqf by user and
Waqf could be formed by declaration,
Formation of Waqf allows formation only through
user, or endowment (waqf-alal-aulad).
declaration or endowment.
Feature Waqf Act, 1995 Waqf (Amendment) Bill, 2025
● Donors must be practicing
Muslims for at least five years
and must own the property.
● Waqf-alal-aulad cannot deny
inheritance rights to female
heirs.
Any government property identified as
Waqf will cease to be Waqf. Ownership
Government
No clear provision. disputes will be resolved by the
Property as Waqf
Collector, who will submit a report to the
state government.
The Waqf Board previously had the
Power to Determine power to inquire and determine waqf
Provision removed.
Waqf Property property.
Assigned survey commissioners and Empowers Collectors to conduct surveys
additional commissioners to conduct and mandates pending surveys to be
Survey of Waqf
Waqf surveys. conducted as per state revenue laws.
● Constituted the Central Waqf
● Two members must be non-
Council to advise the central
Muslims.
and state governments and
Waqf Boards. ● MPs, former judges, and eminent
Central Waqf
Council ● All members of the Central persons appointed to the Council
Waqf Council had to be as per the Act need not be
Composition
Muslims, including at least two Muslims.
women members.
● The following members must be
Muslims: Representatives of
Muslim organisations, Scholars
Feature Waqf Act, 1995 Waqf (Amendment) Bill, 2025
in Islamic law, Chairpersons of
Waqf Boards
● Of the Muslim members, two
members must be women.
The Bill empowers the state government
to nominate one person from each
background to the Board. They need not
be Muslims. It adds that the Board must
● Provides for election of up to have:
two members each from
electoral colleges of Muslim: ● Two non-Muslim members
Waqf Boards ● At least one member each from
(i) MPs, (ii) MLAs and MLCs,
Composition Shias, Sunnis, and Backward
and (iii) Bar Council members,
from the state to the Board. classes of Muslims
● One member each from Bohra
● At least two members must be and Agakhani communities (if
women there is Waqf in the state)
● Two Muslim members must be
women.
Required state-level Tribunals for The amendment removes the Muslim law
Waqf disputes, led by a judge (Class-1, expert and instead includes:
District, Sessions, or Civil Judge), and ● A current or former District Court
Tribunal included: judge as chairman
Composition
● A state officer (Additional ● A current or former joint secretary to
District Magistrate rank) the state government
● A Muslim law expert
The Bill omits provisions deeming
Decision of the Tribunal are final and
Appeal on Tribunal finality to Tribunal’s decisions.
appeals against its decisions in Courts
Orders Allows appeals to the High Court within
are prohibited.
90 days
Feature Waqf Act, 1995 Waqf (Amendment) Bill, 2025
Only High Courts could intervene
under special circumstances
● The Bill empowers the central
government to make rules
regarding registration,
publication of accounts of waqf
State governments could audit Waqf and publication of proceedings
Powers of Central
accounts at any time. of Waqf Boards.
Government
● The Bill empowers the central
government to get these audited
by the CAG (Comptroller and
Auditor General) or a designated
officer.
Separate Waqf Boards for Sunni and
Separate Waqf boards allowed for Bohra
Shia sects if Shia waqf constitute more
Separate Waqf and Agakhani sects, along with Shia and
than 15% of all waqf properties or waqf
Boards for Sects Sunni sects.
income in the state.
Inclusion of non-Muslim members in the Waqf Board and Central Waqf Council
Conclusion:
The Waqf (Amendment) Bill, 2025, introduces significant reforms aimed at enhancing the governance,
transparency, and efficiency of waqf property management in India. By addressing long-standing issues
such as litigation and the lack of judicial oversight, the Bill seeks to create a more structured and
accountable framework. Key changes include redefining the formation of waqf, improving the survey
and registration process, empowering government oversight, ensuring inclusivity by incorporating non-
Muslim members and women into waqf-related bodies. These provisions mark a crucial step toward
modernizing Waqf property management in India.
Santosh Kumar/ Ritu Kataria/ Kritika Rane
Waqf Amendment Bill, 2025: Reform through Stakeholder Engagement
Introduction
The Waqf Amendment Bill, 2025 was introduced to fix problems in the management and governance
of Waqf properties. The aim is to make rules clearer, include more people in decision-making, and
improve how Waqf assets are used.
On August 8, 2024, two bills were introduced in the Lok Sabha; Waqf (Amendment) Bill, 2024 and
Mussalman Wakf (Repeal) Bill, 2024. These bills aim to make Waqf Boards work more smoothly and
ensure Waqf properties are managed well.
The Mussalman Wakf (Repeal) Bill, 2025 seeks to repeal the Mussalman Wakf Act, 1923, which was
created during British rule and is now outdated. Removing this old law will help create a more
consistent, transparent, and accountable system under the Waqf Act, 1995, removing confusion
caused by the old law.
The Waqf (Amendment) Bill, 2025 aims to update the Waqf Act, 1995, to solve problems in managing
Waqf properties. It proposes several improvements, such as:
● Overcome the shortcomings of the previous act and enhance the efficiency of Waqf boards by
introducing changes such as renaming the Act
● Updating the definitions of Waqf
● Improving the registration process
● Increasing the role of technology in managing Waqf records.
Distinctive aspects of this Bill:
● On August 9, 2024, both Houses of Parliament agreed through separate motions to send the Bill
to a Joint Committee for review and a report. This Joint Committee included 21 Members
from the Lok Sabha and 10 Members from the Rajya Sabha.
● Since the Bill is important and has a broad impact, the Committee decided to gather opinions
from the public, experts, stakeholders, and other relevant organizations on its provisions.
● The first sitting took place on August 22, 2024 and the key organizations/ stakeholders consulted
during the sittings were:
1. All India Sunni Jamiyatul Ulama, Mumbai;
2. Indian Muslims of Civil Rights (IMCR), New Delhi
3. Muttaheda Majlis-e- Ulema, J&K (Mirwaiz Umar Farooq)
4. Zakat Foundation of India
5. Anjuman E Shiteali Dawoodi Bohra Community
6. Chanakya National Law University, Patna
7. All India Pasmanda Muslim Mahaaz, Delhi
8. All India Muslim Personal Law Board (AIMPLB), Delhi
9. All India Sufi Sajjadanashin Council (AISSC), Ajmer
10. Muslim Rashtriya Manch, Delhi
11. Muslim Women Intellectual Group - Dr. Shalini Ali, National Convener
12. Jamiat Ulama-i-Hind, Delhi
13. Shia Muslim Dharamguru and Intellectual Group
14. Darul Uloom Deoband
● The Joint Parliamentary Committee held 36 meetings, where they listened to the opinions and
suggestions of representatives from different Ministries, Departments, State Governments,
State Waqf Boards, and experts/stakeholders. In total, they received 97,27,772 memoranda
through both physical and digital modes.
● To thoroughly review the Waqf Amendment Bill, 2024, the Committee conducted detailed
study visits across multiple cities in India. The details of the study visits in 10 cities are as
under:
1. 26.09.2024 to 01.10.2024: Mumbai, Ahmedabad, Hyderabad, Chennai and Bengaluru
2. 09.11.2024 to 11.11.2024: Guwahati, Bhubaneshwar
3. 18.01.2025 to 21.01.2025: Patna, Kolkata and Lucknow
● The Committee had in-depth discussions, interacting with 284 stakeholders, 25 State Waqf
Boards, 15 State Governments, 5 Minorities Commissions, and 20
Ministers/MPs/MLAs/MLCs. These visits helped Committee members understand the
situation on the ground and collect region-specific insights.
● The Waqf (Amendment) Bill has 44 Clauses and the Joint Committee on Waqf Amendment
Bill (JCWAB) has recommended changes in 19 Clauses.
● The Joint Committee submitted its report to the Hon'ble Speaker of Lok Sabha on 31 January
2025, and the report was laid before both Houses of Parliament on 13 February 2025.
An example of recommendations submitted:
The All India Pasmanda Muslim Mahaaz, an organization working for their upliftment, presented its
suggestions before the Joint Committee on the Waqf (Amendment) Bill, 2024.
1. Introduction of an Appellate System
2. Better Management of Waqf Records
3. Stricter Penalties for Encroachment and Misuse
4. Disqualification of Board Members Involved in Irregularities
5. Proper Utilization of Waqf Property Revenue
6. Empowering Senior Revenue Officials for Fair Inquiry
Conclusion
The Joint Parliamentary Committee Report on the Waqf (Amendment) Bill, 2024 highlights the
effort to make Waqf property management fair, transparent, and efficient. The Committee listened to
different viewpoints, conducted study visits, and had detailed discussions to address the concerns of
stakeholders. The proposed changes in the Bill aim to create a more inclusive and responsible system
that meets the changing needs of society.
Santosh Kumar/ Ritu Kataria/ Kritika Rane
