The Waqf Board Amendment Bill 2024 is a significant step towards improving the efficiency and transparency of Waqf management in India. It introduces key reforms, including the adoption of digital technology for enhanced record-keeping, streamlining the appointment process for Waqf board members, and implementing strict penalties for violations to ensure greater accountability. By strengthening governance and modernizing operations, the bill aims to protect Waqf properties from encroachment, boost revenue generation, and ultimately benefit the Muslim community by ensuring that Waqf assets are managed more effectively and transparently.
The Waqf (Amendment) Bill, 2024, introduced in the Lok Sabha on August 8, 2024, amends the Waqf Act, 1995, which governs Waqf property in India. Waqf refers to the endowment of property for pious, religious, or charitable purposes under Muslim law. The bill renames the Act to the “United Waqf Management, Empowerment, Efficiency, and Development Act, 1995.” It states that any government property identified as Waqf will no longer be considered as such, with the area’s Collector determining ownership in case of doubt. The bill also removes the Waqf Board’s authority to inquire and decide if a property is Waqf.
The amendment introduces stricter regulations on managing Waqf properties to ensure they are used appropriately for their intended charitable or religious purposes. It aims to address issues of misuse or illegal encroachment, preventing exploitation for personal gain. By tightening control, the bill seeks to clarify legal ambiguities related to Waqf properties, making dispute resolution simpler and ensuring uniform application of the law across regions. If provisions for modernization, such as allowing commercial use under specific conditions, are included, the amendment could generate new revenue streams to support charitable causes.
The Act allows the creation of Waqf through: (i) declaration, (ii) long-term use (Waqf by user), or (iii) endowment after the succession line ends (Waqf-alal-aulad). The bill amends this by stating that only a person practicing Islam for at least five years and owning the property may declare a Waqf. It removes Waqf by user and ensures Waqf-alal-aulad does not deny inheritance rights, including those of women heirs.
The bill transfers the responsibility for Waqf surveys from Survey Commissioners to Collectors, with pending surveys to be conducted under state revenue laws. The Central Waqf Council, which advises governments and Waqf Boards, remains chaired by the Union Minister for Waqf. While the current Act requires all Council members to be Muslims, with at least two women, the bill mandates that two members must be non-Muslims. MPs, former judges, and eminent appointees no longer need to be Muslims, though Muslim representatives must include (i) Muslim organizations, (ii) scholars in Islamic law, and (iii) chairpersons of Waqf Boards, with two women among them.
The Act provides for the election of up to two members from electoral colleges of Muslim MPs, MLAs, MLCs, and Bar Council members to the Waqf Board. However, the bill empowers the state government to nominate one person from each of these categories to the Board, and they need not be Muslims. Additionally, the Board must include: (i) two non-Muslim members, (ii) representation from Shias, Sunnis, and Backward classes of Muslims, and (iii) members from Bohra and Agakhani communities if applicable in the state. The requirement for two Muslim women members remains.
Regarding Tribunal composition, the bill modifies the Act’s provisions. Instead of including a Muslim law expert, the Tribunal will consist of: (i) a current or former District Court judge as chairman, and (ii) a current or former state officer of joint secretary rank. The bill also allows appeals on Tribunal orders to the High Court within 90 days, whereas the Act prohibits appeals and provides finality to Tribunal decisions.
Further, the bill gives the central government the authority to make rules for Waqf registration, accounts, and board proceedings, and to audit Waqf accounts through the CAG. It also allows the establishment of separate Waqf Boards for Bohra and Agakhani sects, in addition to Sunni and Shia boards. The opposition is criticizing the Waqf (Amendment) Bill for interfering in religious affairs, arguing that it imposes unnecessary bureaucratic control over Waqf Boards. The bill’s provisions, which limit the boards’ ability to manage themselves independently, are seen as an encroachment on religious autonomy. Critics argue that the amendments, particularly the government’s increased role in appointments and audits, undermine the boards’ self-governance and infringe on the freedom to manage religious endowments without external interference. This has sparked concerns about excessive government oversight in matters traditionally handled within the community.
