Govt proposes to send Waqf (Amendment) Bill to joint parliamentary panel
Responding to objections raised by several opposition members, Kiren Rijiju said the Waqf Act 1995 did not serve its purpose, hence the amendment was planned.
Minority affairs minister Kiren Rijiju on Thursday proposed sending the contentious Waqf (Amendment) Bill, 2024, to a joint parliamentary committee following intense criticism from opposition parties.
Several opposition members expressed concerns about the bill’s potential impact on the federal structure and its perceived encroachment on religious autonomy.
While Congress MP KC Venugopal described it as an “attack on the federal system,” AIMIM MP Asaduddin Owaisi claimed that the bill violates Articles 14, 15, and 25 of the Constitution.
NCP (SCP) MP Supriya Sule called for the bill to be either withdrawn or sent to a standing committee for further review. Revolutionary Socialist Party (RSP) MP NK Premachandran warned that the bill could be struck down if subjected to judicial scrutiny.
Defending the bill in Lok Sabha, Rijiju said that it has been renamed the “United Waqf Act Management, Empowerment, Efficiency and Development Act,” or “UMEED” for short.
He argued that the bill does not infringe upon religious freedoms, as enshrined in Articles 25 to 30 of the Indian Constitution, saying the Supreme Court has ruled that Waqf Boards do not fall under the purview of these articles, which safeguard religious practices.
“I want to inform the House, provisions in the Bill... from Article 25 to 30, there is no hindrance being caused to the freedom of any religious body, neither any provision of the Constitution has been violated.” Rijiju said in the lower house.
“According to a Supreme Court ruling, Waqf Board doesn't fall within the purview of Article 25 and Article 26 of the Constitution of India. Leave snatching away someone's rights, those who have been deprived of their rights, this Bill has been brought to give them those rights,” he added.
What is the bill about?
The Waqf (Amendment) Bill, 2024, aims to address several issues related to the powers of State Waqf Boards, the registration and survey of Waqf properties, and the removal of encroachments. It also proposes the repeal of the Mussalman Wakf Act, 1923, and seeks to rename the existing Waqf Act, 1995, to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995.
One of the most controversial aspects of the bill is the inclusion of non-Muslims in the central Waqf council, state Waqf boards, and Waqf tribunals. The bill proposes a more “broad-based” composition of these bodies, with representation from various Muslim communities, as well as non-Muslims.
The bill also seeks to redefine "Waqf" to ensure that only lawful property owners who have practised Islam for at least five years can create Waqf through formal deeds. This change is intended to prevent the creation of Waqf by individuals without legal ownership and to curb the practice of “Waqf by user,” where properties are declared Waqf based on long-standing community use rather than formal dedication.
The bill mandates the registration of all Waqf properties through a central portal, aiming to create a comprehensive national database to improve transparency and control over Waqf assets.
Other significant changes include the transfer of the responsibility for surveying Waqf properties from survey commissioners to district collectors or officers of equivalent rank. The bill also introduces stricter provisions for the audit and governance of Waqf accounts, including the power for the central government to order audits by the Comptroller and Auditor General (CAG).