In the early hours of April 4, 2025, the Rajya Sabha passed the feverously debated Waqf (Amendment) Bill, 2025 (“Bill”). Aimed at regulating Waqf properties and further amending the Waqf Act, 1995 (“Act”), the Bill was initially introduced in the Lok Sabha in August 2024 and was passed by the lower house on April 3, 2025.
A. Background:
- The term ‘Waqf' refers to movable and immovable properties permanently and exclusively dedicated for pious, religious or charitable purposes under Muslim law.
- Increase in Waqf properties led to the Waqf Act, 1954. Subsequently, the Act was introduced to govern Waqf properties through the Waqf Council, State Waqf Boards, the Chief Executive Officer, and mutawallis.
- This Act specifies the powers and restrictions of a Waqf Tribunal that acts in lieu of a civil court under its jurisdiction and made the decisions of the Waqf Tribunal final and binding. The Act also grants the High Court, at its discretion, the power to review Tribunal decisions on its own motion or on application filed by the Board or aggrieved party and to confirm, reverse, modify, or issue any other order it deems appropriate.
B. Objective of the Bill:
- It was felt that the implementation of the Act did not prove to be effective, despite the comprehensive 2013 amendments.
- The Waqf Repeal Bill, 2022 was also introduced to achieve more equitable arrangement and treatment of bodies such as Waqf and other recognized religious entities established under similar intent, which was tabled in the Rajya Sabha in 2023.
- Therefore, the Bill was introduced to overcome shortcomings and to enhance efficiency in the administration and management of Waqf properties.
C. Comparative Review:
| Key Amendments | Act | Bill |
|---|---|---|
| Renaming the Act | The Waqf Act, 1995. | Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995. |
| Formation of Waqf | Allowed waqf to be formed by: (i) declaration, (ii) recognition based on long-term use (Waqf by user), or (iii) endowment when the line of succession ends. |
|
| Government property as Waqf | No explicit provision. |
|
| Power to determine if property is Waqf | Granted powers of such determination to Waqf Board. | Removes such provision. |
| Survey of Waqf | By Survey Commissioner and additional commissioners. | By Collector. |
| Membership in Central Waqf Council | All council members were to be Muslim. | Two members to be Non-Muslim. |
| State Waqf Board | Election of up to two members who were to be from electoral colleges of Muslim MPs, MLAs and MLCs and Bar Council members. |
|
| Appeals on Tribunal Orders | No specific provision for appeals; but High Court may consider applications on its own motion or those filed by the Board or aggrieved party. | Appeals to be preferred to the High Court within ninety days. |
| Applicability of the Limitation Act, 1963 | It was inapplicable. | It will now be applicable |
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