After an intensive debate lasting more than 12 hours, the Waqf (Amendment) Act, 2025 was passed in the Lok Sabha at around 2 AM. The Bill, tabled in the Lok Sabha on April 2 by Minister of Parliamentary Affairs Kiren Rijiju, was passed with 288 votes in favour and 232 votes against it.
KEY HIGHLIGHTS OF THE WAQF (AMENDMENT) ACT, 2025
Waqf refers to the permanent dedication of a property by any person for any purpose recognized by Muslim law as pious, religious, or charitable. The Waqf (Amendment) Bill, 2024, introduced in the Lok Sabha on August 8, 2024, proposed approximately 40 amendments to the existing Waqf Act, 1995 (amended in 2013). The amendments aim to modernize waqf administration, reduce litigation, and ensure efficient management of waqf properties.
DEBATE AND SCRUTINY BY JOINT PARLIAMENTARY COMMITTEE (JPC)
Following intense criticism from the Opposition, the Bill was sent to the Joint Parliamentary Committee (JPC) for further scrutiny. The JPC largely endorsed the Bill while incorporating several recommendations.
During the debate, Kiren Rijiju clarified that the Act aims to ensure effective management of waqf properties to equitably distribute revenue for the welfare of Muslims. Amit Shah, Minister of Home Affairs, reassured that the Act would not interfere with religious affairs, and provisions like waqf by user would apply prospectively.
OPPOSITION CRITICISM
The Opposition alleged that the Act violates Article 25 of the Constitution and accused the Government of dividing people based on religion. Numerous members questioned the JPC’s working process.
Dr. Mohammad Jawed (INC), a member of the JPC, stated:
“The committee met 25 times but never had a clause-by-clause discussion. Around 300 organizations and 3000 individuals were invited, but on average, each speaker got only 10 to 15 seconds.”
This claim was supported by Arvind Ganpat Sawant (Shiv Sena UBT).
The Opposition also criticized the limitation of women’s reservation in the Central Waqf Council and State Waqf Board. Gaurav Gogoi, Deputy Leader of INC in Lok Sabha, noted: “The 1995 Act mandated at least two women members, whereas the 2025 Act caps it at two.”
Asaduddin Owaisi strongly opposed the Act, tearing a copy of it in Parliament, calling it a “violation of Article 25.”
D. MAJOR CONTROVERSIAL AMENDMENTS & JPC RECOMMENDATIONS
1. PROOF OF PRACTICING ISLAM FOR FIVE YEARS
- Bill’s Proposal: Only a person practicing Islam for at least five years can declare a waqf.
- JPC Recommendation: Instead, it should be “any person demonstrating that they have practiced Islam for at least five years.”
2. WAQF BY USER
- Bill’s Proposal: Omits the provision of waqf by the user.
- JPC Recommendation: A proviso should clarify that the omission applies prospectively, provided the property is not under dispute or government-owned.
- Government Response: Rijiju clarified:
- “This change is prospective and will not affect waqf by the user before the passing of the Bill.”
3. WRONGFUL CLAIM OF WAQF ON GOVERNMENT PROPERTY
- Bill’s Proposal: Introduces Section 3C, stating that government property identified or declared as waqf (before or after the amendment) will not be deemed waqf property. In case of a dispute, the Collector will decide.
- JPC Recommendation: Strong objections were raised against empowering the Collector. The JPC suggested replacing “Collector” with “designated officer” appointed by the State Government.
- Government Response: Accepted. The designated officer will now handle disputes instead of the Collector.
4. INCLUSION OF NON-MUSLIM MEMBERS
- Bill’s Proposal: Includes non-Muslim members in the Central Waqf Council, Board of Auqaf, and State Waqf Board.
- JPC Recommendation: This will promote inclusivity but should exclude ex-officio members.
- Government Response: The inclusion of two non-Muslim members is retained, but ex-officio members will not be counted.
5. WAQF TRIBUNAL & APPEALS
- Bill’s Proposal: Tribunal decisions can be appealed within two years, whereas the 1995 Act made them final.
- JPC Recommendation: Appeals to the High Court will help dispose of 19,207 pending cases.
- The Tribunal should be a three-member body, including an expert in Muslim law.
- Government Response: Accepted. The Tribunal will now have three members for better efficiency.
E. CONCLUSION
The Waqf (Amendment) Act, 2025 has now been passed despite strong opposition. The Bill introduces significant changes in waqf administration, property management, and legal recourse, while the Government has accepted key JPC recommendations.
The Act is expected to streamline waqf governance, but Opposition leaders continue to argue that it undermines the autonomy of waqf institutions.
Stay tuned for further updates as the Act is implemented across India.
