After a long discussion on Thursday night, the Rajya Sabha approved the Waqf Amendment Bill. More than 13 hours of long debate went on for the passage of this important bill. Ultimately, after extended discussions, the bill was finally passed.
Waqf Amendment Bill 2025
The Waqf (Amendment) Bill, 2025 has been approved by the Parliament. The bill had a long discussion in the Rajya Sabha, which lasted for 13 hours. After the discussion was over, 128 members voted in favour of the bill and 95 against it. Earlier, voting was also held in the Lok Sabha to pass the bill. There, 288 members voted in favour of the bill and 232 against it.
At the time of partition in 1947, a large number of Muslims from India migrated to Pakistan, and many Hindus from Pakistan came to India. To manage the property and other belongings of those Muslims which they had left behind in India, the Indian Parliament enacted the Waqf Act in 1954.
Section 40
Section 40 of the Waqf Act was considered very dangerous. According to this, the Waqf Board had the power to declare any type of property as its property. This property could be private, could belong to a trust, or it could be associated with a monastery or temple. Whatever decision was taken by the Waqf Board, it was considered the final decision.
Participation of non-Muslims:
As per this provision, now non-Muslim communities can also be included in the Central Waqf Council, State Waqf Boards and their related tribunals. While earlier the CEO of the Waqf Board was required to be a Muslim, now this condition has been removed. The main objective of this change is to take more plots and take advantage of expertise among investors. Thus, the new provision claims that people from different groups also have importance in contributing to various monuments related to Waqf, bringing social inclusion and a broader approach to management.
Gender and sectarian representation:
This rule requires that the board must have at least two Muslim women. It also requires that various Muslim sects, such as Shia, Sunni, and Bohra, be represented. This ensures that there is a process of inclusion and improves inclusiveness.
Strict registration rules
Under strict registration rules, only Muslims who have been practicing Islam for at least five years are eligible to declare a waqf. “Waqf by user,” which means a property has been in religious use for a long time, has been abolished. The change has raised concerns that recent converts to Islam could be left out of the waqf process.
Tribunal reform
Under the tribunal reform, every tribunal will now have three members. Instead of the previous three members, these three members will be: a district judge, one who is a joint secretary level officer, and one who is an expert in Muslim law. Additionally, any case can be appealed to the High Court, and this process has to be completed within 90 days.
Controversy
Opposition parties believe that these changes interfere with the religious matters of the Muslim community and violate their rights. They call it undue government interference. Critics also say that the condition of practicing Islamic way for five years is unfair and discriminatory. Also, there is controversy over the decision to give more power to the state bureaucracy. Many see this as misuse of Waqf laws. For example, in 2014, the UPA government gave 123 properties to the Delhi Waqf Board, which the current government calls wrong. On the other hand, the government says that this bill will increase transparency and accountability. It considers it necessary to prevent corruption and land disputes, such as the Karnataka Waqf Board land scam.
