The Waqf (Amendment) Bill, 2024: A Landmark Legislative Development

The Lok Sabha has passed the Waqf (Amendment) Bill, 2024, following an intense debate in the Lok Sabha that lasted nearly 14 hours. The Bill, which secured passage with 288 votes in favour and 232 against, introduces sweeping reforms to the management and governance of Waqf properties in India. With a focus on transparency, fair property management, and curbing alleged wrongful land claims, the government has hailed the amendments as a step towards accountability. However, opposition parties and several community leaders have raised concerns that the changes could dilute the autonomy of Waqf institutions and pave the way for undue government control. Presently, the Bill has been tabled in the Rajya Sabha and is pending consideration.

Background: The Waqf Act and the Need for Amendment

The Waqf Act, 1995, was enacted to regulate Waqf properties—assets dedicated for religious, charitable, and educational purposes—through the framework of State Waqf Boards and the Central Waqf Council. Over the years, several controversies surrounding mismanagement, fraudulent land claims, and opaque administration of Waqf assets led to growing demands for reform. Reports of disputes over ownership and allegations of Waqf properties being arbitrarily recorded further highlighted the need for legislative intervention.

To address these concerns, the Waqf (Amendment) Bill, 2024, has been introduced in Parliament, which has now been passed by Lok Sabha in 2025. The amendments aim to streamline administrative processes, increase public scrutiny, and enhance judicial oversight.

Key Amendments in the 2024 Bill: A Comparative Analysis

Provision	Waqf Act, 1995	Waqf (Amendment) Bill, 2024
Composition of Waqf Boards	Only Muslims could be members of Waqf Boards.	Non-Muslim members are now included in Waqf Boards and the Central Waqf Council to enhance transparency.
Authority Over Waqf Property Claims	Waqf Boards had significant autonomy in declaring and managing Waqf properties.	District Collectors are now empowered to verify Waqf property claims, reducing fraudulent claims.
Digitization of Waqf Properties	Records were manually maintained, leading to discrepancies and missing documents.	A centralized digital database of all Waqf properties will be created for better transparency.
Waqf Tribunal Composition	Included an expert in Muslim law.	Expert in Muslim law removed; chaired by a District Court judge.
Dispute Resolution	Waqf Tribunals had exclusive jurisdiction with limited appeal options and included .	Tribunal decisions can now be appealed in higher courts, increasing judicial oversight.
Declaration and Public Notice Requirements	Waqf properties could be declared without a mandatory public notice.	A 90-day public notice is now required before property is designated as Waqf, with a two-year objection period.
Survey of Waqf Properties	Survey was conducted by Survey Commissioner	Responsibility shifted to the District Collector.

The Intense Parliamentary Debate: Key Arguments For and Against the Bill

The passage of the Waqf (Amendment) Bill, 2024, was marked by fierce discussions in Parliament. Supporters of the amendments emphasized that the changes would promote transparency, prevent corruption, and ensure efficient management of Waqf properties. It was argued that the reforms would particularly help in preventing wrongful claims over public lands under the guise of Waqf.

However, opposition leaders and several organizations raised concerns about governmental overreach. They argued that allowing District Collectors to intervene in Waqf property matters could compromise the independence of Waqf institutions. The inclusion of non-Muslims in Waqf Boards was also a contentious issue, with critics claiming that it could lead to decisions that do not align with the religious and charitable objectives of Waqf properties.

One of the most heated moments in the debate came when opposition members accused the government of attempting to "dilute minority rights." In response, supporters of the bill countered that the reforms were in the national interest and aimed at ensuring no one misuses Waqf assets for personal or political gains.

Implications and the Road Ahead

The enactment of the Waqf (Amendment) Bill, 2024, marks a significant turning point in the governance of Waqf properties in India. The move towards digitalization, judicial oversight, and stricter regulations is expected to enhance accountability and efficiency. However, opposers of the Bill remain concerned regarding how these changes will be implemented and whether they will lead to excessive governmental interference.

Experts believe that while the amendments introduce much-needed reforms, their success will depend on fair and impartial enforcement. Waqf Boards and community leaders are likely to closely monitor the impact of the new provisions, particularly in cases where District Collectors intervene in property matters.

Once this landmark legislation is enacted, its real-world consequences will unfold in the coming years. Will it lead to better management and greater transparency, or will it invite further controversy and litigation? As stakeholders across the spectrum prepare for the Act’s implementation, one thing is certain—the debate on the governance of Waqf properties in India is far from over.