Lok Sabha Passes Waqf (Amendment) Bill 2025 After 14 Hours Of Debate

After an intense debate lasting nearly 14 hours, the Waqf (Amendment) Act, 2025 was passed in the Lok Sabha at past midnight at about 2 AM. The Bill was tabled in the Lok Sabha yesterday (April 2) by Minister of Parliamentary Affairs Kiren Rijiju. The legislation was passed with 288 votes in favour and 232 votes against it. 

Waqf is the permanent dedication by any person for any purpose recognised by the Muslim law as pious, religious or charitable. The Waqf (Amendment) Bill, 2024, was introduced in the Lok Sabha last year on August 8. Approximately 40 amendments were proposed to the existing Wafq Act, 1995 (as amended in 2013), aimed at modernising waqf administration, reducing litigation and ensuring the efficient management of waqf properties.

After significant criticism from the opposition, it was sent to the Joint Parliamentary Committee (JPC) for wider scrutiny of the proposed reforms. The JPC has more or less accepted the Bill with certain changes.

During the debate, the Government and its members clarified that the Act intends to ensure effective management of waqf property to ensure that the revenue generated from waqt is equitably divided for the welfare of the Muslims. Rijiju stated that the Government has accepted some of the JPC's recommendations and also clarified that the provision of waqf by the user is prospective in nature. This was also clarified by Amit Shah, Ministry of Home Affairs. Shah ensured that there will be no interference with the religious affairs of Muslims.

The Opposition criticised the law as violating Article 25 of the Constitution and alleged that the Government was trying to divide the people on religion. Some of the members also questioned the working of the JPC. Dr. Mohammad Jawed stated that he was a part of the JPC Committee, which met 25 times but never had a clause-by-clause discussion of the Act. He remarked that 300 organisations and 3000 people were invited, but on average, one person only got 10 to 15 seconds to speak. This was also supported by Arvind Ganpat Sawant, from ShivSenaUBT.

In general, the Opposition objected to the inclusion of non-Muslims in the Central Waqf Council and the State Waqf Board. Gaurav Gogoi, Deputy Leader of the Indian National Congress in the Lok Sabha, stated that the 1995 Act provided that at least two women should be appointed, whereas the 2025 Act limits the reservation of women to only two. 

While Rijiju and Shah also clarified the role of the Collector and stated that there is nothing wrong with the Collector having the authority to inquire into who owns the waqf property because he is in charge of the revenue records, the Opposition claimed that the Collector will be a government officer who will not act unbiased. Asaduddin Owaisi even tore the copy of the Act calling it a violation of Article 25.

Some of the major criticism

1. Proof of practising Islam for 5 years: The proposed Bill had stated that only a person who has been practising Islam for at least five years can declare a waqf. 

JPC's recommendation: The JPC report has proposed that instead of a person practising Islam for at least 5 years, an amendment can be made to include "any person showing or demonstrating that he/she is practising Islam for at least 5 years".

2. Waqf by user: The proposed Bill omits the provision relating to the waqf by user. 

JPC's recommendation: The Committee notes that this omission has created some apprehension among the various stakeholders and the Muslim community at large regarding the existing status of the 'waqf by user'.

The Committee has proposed adding a proviso which clearly specifies that the omission of 'waqf by user' from the definition of waqf will apply prospectively. This would, however, be subject to the condition that the property wholly or in part must not be involved in a dispute or be government property.

Government's response: Rijiju clarified that this change is prospective in nature and will not effect waqf by user prior to the passing of the Bill.

3. Wrongful claim of waqf on government property: The draft Bill proposed a new Section 3C, which says that any government property 'identified' or 'declared' as waqf, before or after the amendment, shall not be deemed to be waqf property. In case of dispute whether a property is a waqf or government property, the Collector will decide. 

JPC's recommendation: The committee has accepted the recommendation. However, it has noted that the Committee has received "strong objection" on the proposal of delegating the power of determining whether a property is a waqf property or government to the Collector. 

The JPC has suggested that the decision of appointing an official to conduct an inquiry in cases of wrongful claims on government property by waqf board should be left to the State Government. Therefore, it has stated that instead of the word 'Collector', it may be substituted with 'designated officer'.

Government's response: Rijiju stated that the Government has accepted this suggestion of the JPC and the proposed Bill modifoed this provision to allow a higher-ranking officer to be in charge of the process. 

4. Inclusion of non-Muslim members: The Bill proposes the inclusion of non-Muslim members in Central Waqf Council, Board of Auqaf, and State Waqf Board.

JPC recommendation: JPC says inclusion of two non-Muslim members will make it more board based and promote inclusivity and diversity in waqf property management.

The Committee has noted that the presence of non-Muslim ex-officio members may result in fulfilling the requirement of proposed amendments and therefore, it has recommended that the two non-Muslim members shall be appointed excluding ex-officio members. 

5. Constitution of Waqf Tribunal: As per the 1995 Act, whether a property specified as waqf in the list of auqaf is waqf or not or whether it is Shia or Sunni waqf shall be decided by a Tribunal. The decision of the Tribunal shall be final. However, the 2024 Amendment proposed that the decision of the Tribunal is not final and can be appealed within 2 years.

JPC's recommendation: It says introduction of the provision of appeal to the High Court directly and change in the composition of the Tribunal would expedite disposal of pending cases considering that as many as 19,207 cases are pending in Waqf Tribunals. 

The Committee has however suggested that the composition of the Tribunal requires revision to incorporate a member having knowledge of Muslim laws and also to make the Tribunal a three-members body rather than two-members body.

It has also proposed to omit the timeline for settlement of disputes as it notes that the existing provision already says that the proceedings should be held as expeditiously as possible. 

Government's response: Rijiju stated that the Government has accepted this recommendation and instead of two members, the Tribunal will comprise of three-members for efficient functioning.

Live updates from the discussion can be read here.