In a very important legislation, Waqf (Amendment) Bill, 2025, has received the signature of President Droupadi Murmu on April 6, 2025, thus making it a law in India. This amendment substantially alters the management and governance of waqf properties. These properties are an endowment by Muslims, usually in favour of some religious or philanthropic cause. On the part of the government, this law aims to bring transparency and inclusivity; critics, on the other hand, charge that it undermines the rights of the Muslim community, and may be paving way for encroachment on historic properties.
Background and Legislative Journey
This Waqf (Amendment) Bill, 2025, was tabled in Parliament by the Minority Affairs Minister Kiren Rijiju. Within a debate lasting thirteen hours, the bill was cleared by the Lok Sabha; the Rajya Sabha then approved the motion after 128 votes in favour and 95 votes against, and the stage was further set for the President's final assent.
Major Changes Brought by the Amendment
Amendment certainly brings in considerable changes to the Waqf Act of 1995:
- Constitution of the Central Waqf Council: Until now, all council members, except the chairperson, were Muslims. This amendment alters such a condition and now requires at least two members to be non-Muslims. The proposal aims to further diversify and make inclusive the composition of the council.
- State Waqf Boards: It empowers state governments to nominate members from different categories to the Waqf Boards, including MPs, State Legislators and Bar Council members, without requiring the members to be Muslims. It states that at least two non-Muslim members should be included in these boards and that representation from Shia, Sunni, Bohra, Agakhani communities and backward classes among Muslims should be included. At least two Muslim members must be women.
- Tribunal Structure: Restructured by also removing the requirement for a Muslim law scholar, Waqf Tribunal now has the structure: Chairman, who is a district court judge, and others as specified.
- Property Registration and Management: Centralised digital registration of waqf properties will also introduce new management and transparency in wqaf property governance and further increase the government's role in land holding, which raises fears of misuse.
Government's Stand on the Bill
The government claims that the amendment will modernize the waqf property management, reduce the possibilities of corrupt practices, and better use for community development. Rijiju also stated that including non-Muslims would help diversify the management of waqf property and modernization of such institutions.
Striking Parades and Corridors
The amendment has stood up with strong opposition from all quarters, defying the government's promises.
- Violation of Religious Rights- Critics state that including non-Muslims among those in waqf management bodies violates the religious autonomy of Muslims and contravenes constitutional rights.
- Possible Confiscation of Properties- Increased government oversight and the new ownership verification test have given rise to fears of confiscation of even historically important mosques and properties without formal documents.
- Political Motives- The amendment is perceived as being politically motivated to the opposition parties and Muslim organizations, seeing it as an effort with a better display by the ruling government to control Muslim assets and undermine minority rights.
The opposition responses
Opposition parties have planned to file a petition in the Supreme Court of India against this amendment, claiming its constitutional validity to oppose the extension of the bill.
On the Muslim Community
The amendment has raised fears among the Muslim community, which accounts for roughly 14% of the population in India, regarding how it could adversely affect their religious and cultural heritage. They perceive government's increased control and reform in the membership of waqf management bodies as mechanisms that would further push the community to the margins.
Conclusion
The enactment of the Waqf (Amendment) Act, 2025, thus represents a major shift in the governance of waqf properties across India. However, although the government asserts that transparency and inclusiveness would be enhanced with this law, the loud declamations against it and planned legal challenges suggest that there is a rocky path ahead. The real impact of this amendment will unfold over the coming months in terms of its implementation and then as judicial review measures it against constitutional underpinnings.