Key Controversies in the Waqf (Amendment) Bill, 2024

Why in the News ?

The Waqf (Amendment) Bill, 2024, introduced in Lok Sabha, has sparked opposition due to provisions allowing non-Muslim members in Waqf boards, empowering state officials over Waqf disputes, and altering property registration rules, raising concerns over religious autonomy and government bias.

Key Controversies in the Waqf (Amendment) Bill, 2024

Key Provisions and Amendments:

  • The Waqf (Amendment) Bill, 2024, proposes allowing two non-Muslim members to be appointed by state governments to their respective Waqf boards.
  • The Joint Parliamentary Committee (JPC) accepted an amendment ensuring these members are individuals of legal or jurisprudential expertise.
  • A significant provision empowers the District Collector to determine disputed Waqf property, replacing the Waqf Tribunal’s sole authority.
  • The Bill permits the appointment of a non-Muslim Chief Executive Officer (CEO) for Waqf boards, with final authority still vested in a senior state government official.
  • The registration process for Waqf properties is modified, requiring listing on a government portal, failing which properties may be deemed unregistered.

Opposition and Concerns

  • The All India Muslim Personal Law Board (AIMPLB) and opposition parties strongly oppose the Bill, calling it an attack on religious autonomy and constitutional rights.
  • Congress and other opposition leaders claim the Bill fosters permanent societal polarization for electoral benefits.
  • Concerns are raised over giving state government officials decision-making power on Waqf disputes, as it could lead to biased judgments.
  • Critics argue that the removal of the Waqf Tribunal’s final decision-making authority undermines its independence, making disputes subject to further litigation.
  • The amendment regarding “Waqf by user”, which extends the timeframe for registration in certain cases, remains vague, leaving discretion with the Tribunal.

Timeline of Events

  • August 8, 2024: The Bill is introduced in Lok Sabha.
  • August 9, 2024: It is referred to a 31-member parliamentary committee.
  • August 22, 2024: The committee holds its first meeting.
  • November 28, 2024: The Bill is passed in Lok Sabha.
  • January 27, 2025: The Union Cabinet approves the amendments.
  • March 29, 2025: The JPC adopts the final draft report with a 15-1 vote.

Understanding Waqf:

●      As per Islam, Waqf property is meant only for religious or charitable purposes and cannot be sold or used otherwise.

●      As per Sharia law, once dedicated, Waqf property remains Waqf forever.

Central Waqf Council:

●      A statutory advisory body set up in 1964 under the Ministry of Minority Affairs as per the Waqf Act, 1954.

●      Advises the Central Government, State Governments, and State Waqf Boards.

●      Chaired by the Union Minister of Waqf, with up to 20 members appointed by the Government of India.

●      Expanded under the Waqf (Amendment) Act, 2013.

●      State Waqf Boards can determine if a property is Waqf, and whether it is Sunni or Shia (Section 40, Waqf Act 1995).

About Joint Parliamentary Committee (JPC):

●      Formed by Parliament for special purposes, such as detailed scrutiny of Bills.

●      Includes members from both Houses, covering ruling and opposition parties.

●      Dissolved once its term ends or its task is completed.