The Waqf (Amendment) Bill, 2024, was introduced by Union Minister of Minority Affairs Kiren Rijiju on 8 August 2024 in the Lok Sabha to amend the Waqf Act, 1995, to address issues related to the powers of the State Waqf Boards, registration and survey of waqf properties, removal of encroachments, and the definition of the “waqf” itself.
What is Waqf?
Waqf refers to properties dedicated exclusively for religious or charitable purposes under Islamic Law. Once designated as Waqf, ownership is transferred from the person making the Waqf (waqif) to Allah, making it irrevocable. These properties are managed by a mutawwali. Waqf board controls 8.7 lakh properties spanning 9.4 lakh acres across India, with estimated value of Rs. 1.2 lakh crore managed by 30 waqf boards. Waqf boards rank as the third-largest landowners in India, following the Railways and the Defence Ministry.
A Waqf can be formed through a deed or instrument or orally, or a property can be deemed to be Waqf if it has been used for religious or charitable purposes for a long period of time.
How is a Waqf governed?
Waqf properties in India are governed by the Waqf Act, 1995.
A Waqf Board is a body under the state government, which works as a custodian for Waqf properties across the state. In most states, there are separate Waqf Boards for the Shia and Sunni communities. Almost all prominent mosques in the country are Waqf properties and are under the Waqf Board of the state.
A Waqf Board is headed by a chairperson, and has one or two nominees from the state government, Muslim legislators and parliamentarians, Muslim members of the state Bar Council, recognised scholars of Islamic theology, and mutawallis of Waqfs with an annual income of Rs 1 lakh and above.
A Waqf Board has powers under the law to administer the property and take measures for the recovery of lost properties of any Waqf and to sanction any transfer of immovable property of a Waqf by way of sale, gift, mortgage, exchange, or lease. However, the sanction shall not be given unless at least two-thirds of the members of the Waqf Board vote in favour of such a transaction.
The bill aims to restrict Waqf boards’ power to manage their properties and provides for more government regulation.
The Bill provides for the following, namely:—
(a) renaming of the Waqf Act, 1995 as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995;
(b) clearly define “waqf” as waqf by any person practising Islam for at least five years and having ownership of such property;
(c) ensuring that the creation of waqf-alal-aulad does not lead to the denial of inheritance rights to women;
(d) omitting the provisions relating to the “waqf by user”;
(e) providing the functions of the Survey Commissioner to the Collector or any other officer not below the rank of Deputy Collector duly nominated by the Collector for the survey of waqf properties;
(f) providing for a broad-based composition of the Central Waqf Council and the State Waqf Boards and ensuring the representation of Muslim women and non-Muslims;
(g) providing for establishment of a separate Board of Auqaf for Boharas and Aghakhanis;
(h) providing for representation of Shia, Sunni, Bohra, Agakhani and other backward classes among Muslim communities;
(i) streamlining the manner of registration of waqfs through a central portal and database;
(j) providing for a detailed procedure for mutation as per revenue laws with due notice to all concerned before recording any property as waqf property;
(k) omitting section 40 relating to the powers of the Board to decide if a property is waqf property;
(l) decreasing the annual contribution from seven per cent to five per cent, payable to the Board by mutawalli of every waqf having the net annual income of not less than five thousand rupees;
(m) providing for filing of accounts of waqf by mutawallis to the Board through a central portal for better control over their activities;
(n) reforming the Tribunal structure with two members and providing for appeals against the orders of the Tribunal to the High Court within a specified period of ninety days;
(o) omission of section 107 so as to make the Limitation Act, 1963 applicable to any action under the Act; and omission of sections 108 and 108A relating to special provision as to evacuee waqf properties and Act to have overriding effect.
According to the bill any Government property identified or declared as waqf property, before or after the commencement of this Act, shall not be deemed to be a waqf property. If any question arises as to whether any such property is a Government property, the same shall be referred to the Collector having jurisdiction who shall make such inquiry as he deems fit, and determine whether such property is a Government property or not and submit his report to the State Government: Provided that such property shall not be treated as waqf property till the Collector submits his report.
The bill also introduces stricter provisions for the audit and governance of Waqf accounts, including the power for the central government to order audits by the Comptroller and Auditor General (CAG).
Opposition parties allege that the proposals aim to deprive the Muslim community of their land, assets and the “freedom to manage religious affairs” guaranteed under Article 26 of the Indian Constitution.
Union Minister of Minority Affairs Kiren Rijiju said that the Waqf Board does not fall within the purview of Articles 25 and 26, “The Bill has no provision for interference in the religious body’s freedom. The bill does not violate any Article of the Constitution.”
The Minister also referred to the case of Bramhchari vs West Bengal. In this case, he said, the Supreme Court rules that the Waqf Board does not fall within the purview of Articles 25 and 26.
