Waqf Amendment Bill Explained: What Changes, Why It Matters, and the Controversy

The Waqf Amendment Bill is one of the most consequential — and contested — pieces of legislation debated in the Indian Parliament in recent years. It seeks to overhaul the Waqf Act, 1995, which governs the administration of Muslim charitable endowments (waqf properties) across India. This explainer breaks down what the bill proposes, why the government says reform is overdue, and why opposition parties, Muslim organisations, and legal scholars have raised strong objections.

What is a waqf?

A waqf is a permanent dedication of movable or immovable property by a Muslim for purposes recognised under Islamic law as pious, religious or charitable — mosques, dargahs, graveyards, madrasas, orphanages and community welfare institutions. Once dedicated, the property is considered inalienable and is managed by a mutawalli (custodian) under the supervision of state Waqf Boards and the Central Waqf Council.

India has one of the largest concentrations of waqf assets in the world. According to the Ministry of Minority Affairs, waqf boards collectively manage over 8.7 lakh properties spanning roughly 9.4 lakh acres — making waqf the third-largest landholder in the country after the Railways and the Defence Ministry.

What does the Waqf Amendment Bill propose?

The Waqf (Amendment) Bill introduces sweeping changes to the 1995 Act. Key provisions include:

• Renaming the Act to the "Unified Waqf Management, Empowerment, Efficiency and Development Act."
• Removing "waqf by user" — the long-standing principle that a property used as waqf for a long period is deemed waqf even without a formal deed.
• Mandatory registration of all waqf properties on a central portal, with verification by the District Collector.
• Government arbitration of disputes — the Collector, not the Waqf Tribunal, decides whether a disputed property is waqf or government land, and their decision stands until modified by a court.
• Non-Muslim members on the Central Waqf Council and State Waqf Boards, including two non-Muslim members and representatives of Bohra and Agakhani communities.
• Only practising Muslims of five years' standing can create a waqf, and only over property they legally own.
• Removal of the finality clause of Waqf Tribunal decisions — appeals will now lie before the High Court within 90 days.

Why the government says reform is needed

Union Minority Affairs Minister Kiren Rijiju has argued that the 1995 Act gave waqf boards "unchecked" powers to claim properties, leading to disputes, encroachment allegations, and poor utilisation of assets. The government points to:

• Widespread claims by waqf boards over government and private land.
• Lack of transparency in waqf property records.
• Poor representation of women, Shia, Bohra and backward-class Muslims on waqf boards.
• The Sachar Committee's finding that waqf assets generate a fraction of their potential revenue.

Waqf Amendment Bill criticism: why opposition parties and Muslim bodies object

Opposition parties — the Congress, DMK, TMC, SP, RJD, AIMIM and the Left — along with the All India Muslim Personal Law Board (AIMPLB) and Jamiat Ulama-i-Hind, have called the bill unconstitutional and discriminatory. The main lines of criticism are:

1. Violation of Articles 25, 26 and 30 — the right of religious denominations to manage their own affairs. Critics say inducting non-Muslims into waqf bodies is an unprecedented state intrusion; no comparable provision exists for Hindu temple trusts or Sikh gurdwara committees.
2. Concentration of executive power — handing the Collector authority to decide waqf status turns a party (the government, which often disputes waqf claims) into the judge.
3. Threat to historic waqf properties — removing "waqf by user" could invalidate the status of centuries-old mosques, graveyards and shrines that lack modern paperwork.
4. Federalism concerns — several state governments, including Tamil Nadu and West Bengal, have passed resolutions against the bill, arguing that waqf falls in the Concurrent List and the Centre is overriding state consultation.
5. Timing and politics — critics allege the bill is aimed at electoral polarisation rather than genuine reform.

The Joint Parliamentary Committee process

After being introduced in the Lok Sabha, the bill was referred to a Joint Parliamentary Committee (JPC) chaired by BJP MP Jagdambika Pal. The JPC held extensive consultations with waqf boards, legal experts, minority organisations and state governments. Opposition members accused the committee of pushing through amendments without adequate deliberation; several dissent notes were filed.

What happens next?

The revised bill, incorporating a subset of the JPC's recommendations, is expected to be tabled again in Parliament. If enacted, its constitutionality is almost certain to be challenged before the Supreme Court, which will have to weigh the state's regulatory interest against the fundamental rights of religious minorities.

Why this matters

Beyond the immediate legal questions, the Waqf Amendment Bill sits at the intersection of three larger debates in Indian public life: the balance between religious autonomy and state regulation, the management of vast community-held assets, and the political representation of Muslims in a majoritarian moment. How Parliament — and eventually the courts — resolve it will shape minority institutions for decades.

Project Chintan will continue to track the bill's progress, the parliamentary debate, and the legal challenges that follow.