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Waqf Amendment Bill, 2025

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 03-Apr-2025

Waqf (Amendment) Bill 2025 passed after 14 hours of debate 

“Waqf Bill clears Lok Sabha storm: Government cites transparency, Opposition says bid to divide on faith.” 

Source: Indian Express 

Why in News? 

The Waqf (Amendment) Bill was passed in Lok Sabha after intense debate. The Bill was sent to the Joint Parliamentary Committee (JPC) for scrutiny of proposed amendments. 

  • The JPC accepted the Bill and the bill was passed finally in Lok Sabha. 

What is the Legislative History of Waqf (Amendment) Bill?   

  • Definition of Waqf: Waqf is a permanent dedication of property for pious, religious, or charitable purposes under Muslim law. 
  • Introduction of the Bill: The Waqf (Amendment) Bill, 2024, was introduced in the Lok Sabha on August 8, 2023. 
  • Proposed Amendments: The Bill suggested around 40 amendments to the Waqf Act, 1995 (amended in 2013), focusing on modernizing waqf administration, reducing litigation, and improving management of waqf properties 
  • Referral to JPC: After debates and criticism, the Bill was sent to the Joint Parliamentary Committee (JPC) for further scrutiny, which accepted it with certain modifications. 
  • Government’s Clarification: The Government clarified that the amendments aim to ensure effective management of waqf properties and equitable distribution of revenue for Muslim welfare. It also assured that the provision regarding waqf by the user is prospective in nature. 
  • Assurance by Amit Shah: The Home Minister, Amit Shah, assured that there would be no interference with the religious affairs of Muslims. 
  • Opposition’s Criticism: The Opposition claimed that the Bill violated Article 25 of the Constitution and accused the Government of dividing people based on religion. 
  • Concerns Over JPC Functioning: Some members, including Dr. Mohammad Jawed, criticized the JPC process, stating that the committee met 25 times but did not discuss the Bill clause by clause. 
  • Limited Public Participation: Dr. Mohammad Jawed and Arvind Ganpat Sawant alleged that though 300 organisations and 3,000 individuals were invited to provide input, each person got only 10 to 15 seconds to speak. 

What are Some of the Major Criticisms of the Bill? 

Issue 

Proposed Bill 

JPC's Recommendation 

Government's Response 

Proof of practicing Islam for 5 years 

Only a person who has been practicing Islam for at least five years can declare a waqf. 

Amend to include "any person showing or demonstrating that he/she is practicing Islam for at least 5 years". 

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Waqf by user 

Omits the provision relating to waqf by user. 

Proposes adding a proviso specifying that the omission applies prospectively and only if the property is not disputed or government owned. 

Rijiju clarified that the change is prospective and will not affect waqf by user prior to the Bill. 

Wrongful claim of waqf on government property 

Section 3C states that government property 'identified' or 'declared' as waqf shall not be deemed waqf. The Collector will decide disputes. 

Replace 'Collector' with 'designated officer' and let the State Government appoint the official for inquiry. 

The government accepted this and modified the provision to allow a higher-ranking officer to handle the process. 

Inclusion of non-Muslim members 

Proposes inclusion of non-Muslim members in Central Waqf Council, Board of Auqaf, and State Waqf Board. 

Recommends appointing two non-Muslim members, excluding ex-officio members, to promote inclusivity. 

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Constitution of Waqf Tribunal 

The Tribunal's decision is not final; an appeal can be made within 2 years. 

Suggests direct appeal to the High Court, revising the Tribunal’s composition to three members, including one with knowledge of Muslim laws. Also recommends omitting the timeline for dispute resolution. 

The government accepted the recommendation; Tribunal will have three members for better efficiency.