Parliament Passes Waqf (Amendment) Bill 2025 With Rajya Sabha Clearance

The Rajya Sabha today passed the Waqf (Amendment) Act, 2025 at past midnight at about 2.22 AM on April 4 following a debate which lasted for over 14 hours. There were 128 votes favouring the bill and 95 votes opposing it. No abstention was there.The Bill was passed by the Lok Sabha on April 3. Now it awaits the assent of the President of India to became a law.Waqf and the debate about it Waqf is the permanent dedication by any person for any purpose recognised by the Muslim law as pious, religious or charitable. The Waqf (Amendment) Bill, 2024, was introduced in the Lok Sabha last year on August 8. Approximately 40 amendments were proposed to the existing Wafq Act, 1995 (as amended in 2013), aimed at modernising waqf administration, reducing litigation and ensuring the efficient management of waqf properties. After significant criticism from the opposition, it was sent to the Joint Parliamentary Committee (JPC) for wider scrutiny of the proposed reforms. The JPC has more or less accepted the Bill with certain changes.Yesterday, during the debate, the Government and its members clarified that the Act intends to ensure effective management of waqf property to ensure that the revenue generated from Waqf is equitably divided for the welfare of the Muslims. Rijiju stated that the Government has accepted some of the JPC's recommendations and also clarified that the provision of waqf by the user is prospective in nature. This was also clarified by Amit Shah, Ministry of Home Affairs. Shah ensured that there would be no interference with the religious affairs of Muslims. Rijiju today added that the Bill aims to add transparency, accountability and efficiency. He cited the Kerala HC judgment in 'Syed Fazal Pookoya Thangal vs Union of India And Ors,' which held that the Waqf Board is only a statutory body, pure and simple and not a representative body of the Muslim body. Rijiju defended the decision to add two non-Muslim members and stated that the Government only want to make the administration more secular, which has nothing to do with interfering with religious affairs. Rijiju also cited another Alld HC judgment, Hazif Mohd Zafar Ahmd v. UP Central Sunni Board of Waqf, which observed that the role of Muttawali is secular and not a religious practice.JP Nadda, Leader of the House, today stated that although the Government supported the 2013 amendment brought during the Congress's tenure. But in 2020-21, the Government realised that from 1913 to 2013, the waqf property was only 18 lac hectares, but in 2013 to 2025, 21 lac hectares of waqf properties were added. To ensure it was not misused, the Government brought this Bill.Nadda stated that the 2013 amendment appeared to overwrite the constitutional framework of the country because it granted extraordinary powers to the waqf board. It became a draconian law, he said. He specifically pointed out Section 40 of the Parent Act and stated that the waqf Board could decide by itself if a property was a waqf property or not. He also referred to the provision which disallowed citizens to challenge the order of the waqf Tribunal in regular courts and stated that this violated Article 21. Section 54 was also referred which according to Nadda allowed for removal of encroachment by the Tribunal's order. Whereas Section 5 and 6 of the Parent Act barred civil courts from taking any legal action.Mallikarjun Kharge, Leader of Opposition, questioned why the Government has stopped five schemes benefiting Muslims if they want the welfare of Muslims. He also added that the Government continues to decrease the budget to the Ministry of Minorities.Kharge pointed out that instead of the Survey Commissioner conducting a preliminary inquiry into the waqf property, the Government first gave the authority to the Collector and now to a nominated member of the State above the authority of the collector.The Opposition criticised the law as violating Article 25 of the Constitution and alleged that the Government was trying to divide the people on religion. Some of the members also questioned the working of the JPC. Today, Dr. Syed Naseer Hussain stated that for the first time, the Government invited non-stakeholders because they knew the large majority of people are against the Bill.Dr Abhishek Manu Singhvi stated that the Bill completely violates Articles 25 and 26 of the Constitution. He added that he has been a part of some of the significant cases such as relating to the Sabrimala temple and Dawoodi Bohra community and in these judgments, the Supreme Court has clearly stated that once a practice or custom becomes an essential religious practice, it completely comes within the fundamental right protection guaranteed under Articled 25 and 26. Singhvi referred to Ratilal Panachand Gandhi vs. State of Bombay, which he quoted as: "the law which takes way the right of administration altogether from religious denomination and vests it in another other more secular authority would amount to violation...

Parliament Passes Waqf (Amendment) Bill 2025 With Rajya Sabha Clearance

Gursimran Kaur Bakshi

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