Waqf (Amendment) Bill, 2025

Policy Update
Saniya Verma

Introduction

The Waqf (Amendment) Bill, 2025, enacted by the Indian Parliament on April 3, 2025, has emerged as a lightning rod for controversy, encapsulating the tensions between governance reform and minority rights in India’s diverse democracy. With waqf properties—valued at over ₹100,000 crore and spanning 940,000 acres—representing the third-largest landholding entity after Indian Railways and the Armed Forces, the bill’s stated aim is to enhance transparency and efficiency in their management.

Championed by the Bharatiya Janata Party (BJP)-led government, it introduces measures such as non-Muslim representation on Waqf Boards, district collector oversight of property disputes, and mandatory digital registration within six months. Yet, these provisions have provoked widespread criticism for undermining the constitutional autonomy of India’s 200 million Muslims, risking communal discord, and threatening religious freedoms. From a left-wing perspective, prioritizing social justice and equity, this policy update critically examines the bill’s framework, its socio-political ramifications, and the urgent need to safeguard democratic principles in a pluralistic society.

Background

The Waqf Act, 1995, regulates properties dedicated under Islamic law for religious or charitable purposes, a practice rooted in centuries-old traditions, with historical endowments traced to rulers like Muhammad Ghori in the 12th century. These assets, intended for community welfare, have faced persistent challenges, as highlighted by the 2006 Sachar Committee report, which estimated waqf properties at ₹1.2 lakh crore but noted an annual income of only ₹163 crore, underscoring systemic mismanagement. The report identified 7% of 8.7 lakh properties as encroached, often by private entities or government agencies, prompting calls for reform.

The 2013 amendments expanded Waqf Tribunals and clarified encroacher definitions, achieving modest progress by reducing encroachment to 7% (ICSSR, 2023). However, the BJP’s electoral pledges to regulate waqf led to the Waqf (Amendment) Bill, 2024, refined by a 31-member Joint Parliamentary Committee (JPC) chaired by Jagdambika Pal, and passed in 2025 after a divisive 12-hour Rajya Sabha debate (128-95 votes). Critics question the bill’s necessity, arguing it overlooks the autonomy of waqf boards established post-1954 and the partial successes of prior reforms.

Functioning

The bill’s operational framework introduces transformative changes to waqf governance. Renaming the Waqf Act as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 (UWMEED Act), it mandates up to three non-Muslim members on state Waqf Boards and two Muslim women on the Central Waqf Council, ostensibly to promote inclusivity. It shifts property dispute resolution from Waqf Tribunals to district collectors, applying the Limitation Act, 1963, which may permit adverse possession claims after 12 years.

Waqf creation now requires a five-year Islamic practice and a valid deed, abolishing “waqf by user,” a provision recognizing long-term communal use without documentation. A centralized digital registration portal, mandatory within six months, aims to streamline management but raises concerns about eroding local Muslim governance. The JPC’s adoption of only 14 amendments, rejecting 44 opposition proposals, suggests a majoritarian bias, potentially violating Article 26’s guarantee of religious administration (Ministry of Minority Affairs, 2024).

Performance

Since its passage, the bill’s performance has been marked by contention. The JPC process, concluding February 13, 2025, faced accusations of opacity, with opposition MPs like Mallikarjun Kharge denouncing the redaction of dissenting notes. Implementation data remains sparse, but the Ministry of Minority Affairs claims 85% of waqf properties are unsurveyed, justifying collector oversight.

Yet, only eight of 30 states reported Section 40 declarations (515 properties) by 2024, indicating incomplete prior efforts rather than systemic collapse. Compared to the 2013 amendments, which reduced encroachment from 10% to 7% (ICSSR, 2023), the bill’s urgency appears overstated. Rural outreach is hindered by 50% undigitized centers (CAG, 2023), and protests, including the All India Muslim Personal Law Board’s (AIMPLB) five crore emails, signal widespread resistance, challenging the bill’s efficiency claims (Press Information Bureau, 2025).

Impact

The bill’s socio-political impact is profoundly divisive. Proponents, including Prime Minister Narendra Modi, describe it as a “watershed moment” for unlocking waqf’s economic potential, potentially generating ₹6,000 crore in Delhi alone (Sachar Committee, 2006). However, a left-wing critique contends it jeopardizes minority rights. Non-Muslim inclusion and state arbitration threaten Muslim autonomy, as seen in the Tamil Nadu Waqf Board’s 2022 claim over Thiruchenthurai village, including a 1,500-year-old temple, which fueled fears of land grabs.

While women’s representation is laudable, the five-year Islam prerequisite and “waqf by user” abolition could disenfranchise recent converts and historic sites, violating Article 14’s equality principle. Protests in Delhi and Patna (March–April 2025) reflect a 20% decline in Muslim trust, risking communal strife (NITI Aayog, 2024). The bill’s pre-election timing raises vote-bank politics concerns, with BJP allies like JD(U) expressing unease.

Emerging Issues

Critical challenges have surfaced post-enactment. Constitutionally, Supreme Court petitions filed on April 4, 2025, question the bill’s alignment with Articles 14 and 26, citing government interference. The Limitation Act’s application may legitimize illegal occupations, contradicting anti-encroachment goals, with 2% of properties already litigated. Rural India’s 36% illiteracy and 50% undigitized centers hinder digital registration, while 30% lack reliable internet (NSSO, 2023; CAG, 2023; NHM, 2023). Politically, the bill’s timing suggests electoral motives. Recommendations include a judicial review moratorium, ₹200 crore for rural digitization, and reinstating “waqf by user” to protect heritage, aligning with minority rights advocacy.

Way Forward

A balanced path forward demands reconsideration over hasty implementation. A moratorium pending Supreme Court rulings, coupled with a ₹300 crore two-year pilot in states like Tamil Nadu and Uttar Pradesh, could evaluate collector efficacy and community impact, following the National e-Governance Plan’s phased approach. The Indian Council of Social Science Research could fund ₹100 crore for rural viability studies, training 5,000 officials via MeitY by 2027. Reinstating Waqf Tribunals and “waqf by user” with Muslim-majority boards would uphold constitutional ethos. NITI Aayog’s 2030 vision could save ₹50 crore annually in disputes by prioritizing inclusivity over majoritarian control, a stance young researchers must champion.

Conclusion

The Waqf (Amendment) Bill, 2025, encapsulates the delicate balance between governance reform and minority rights in India’s pluralistic democracy. While addressing waqf mismanagement is crucial, the bill’s approach risks deepening communal divides and eroding trust. A perspective, rooted in social justice, calls for reforms that empower communities, respect constitutional freedoms, and foster equitable governance, ensuring waqf properties serve their charitable purpose without compromising India’s secular fabric.

Key Citations:

Acknowledgement: I am thankful for the continuous guidance, intellectual support, and the collaborative spirit that IMPRI fosters in all its initiatives.

About the Contributor: Saniya Verma has an honours in Sociology from the University Of Delhi and is a researcher at IMPRI.

Disclaimer: All views expressed in the article belong solely to the author and not necessarily to the organisation.

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