President Murmu Approves Waqf Amendment Act 2025 After Parliamentary Debate
President Droupadi Murmu has approved the Waqf (Amendment) Act, 2025, according to a notification released by the Union Law Ministry on Saturday, April 5, 2025. Following three days of heated discussion in both the Lok Sabha and the Rajya Sabha, the Bill was approved by Parliament. In contrast to the Lok Sabha, where it passed with a 56-vote majority, the Upper House passed the Bill with 128 votes in favor and 95 against.
History of the Bill: From JPC Review to Final Approval
Notwithstanding the criticism, the Waqf Amendment Bill was approved by both chambers of Parliament after the BJP-led government worked it out. Already on the defensive, the Muslim community views it as another setback to its rapidly eroding minority privileges. The extent to which this legislation has caused division in the country is reflected in its history. Originally presented in August of last year, it was referred to a Joint Parliamentary Committee (JPC) for review due to the opposition’s steadfast requests. On February 13, 2025, the JPC turned in its report, and six days later, the Union Cabinet gave it its fast-track approval.
The panel’s opposition MPs have claimed that their suggested changes were ignored and that the report even suppressed their disagreeing remarks. The bill has been approved after a prolonged, a late-night debate in both the Lok Sabha and the Rajya Sabha. The small margin of the vote—288–232 in the lower house and 128–95 in the upper house—means that the BJP has to bank on its coalition allies to win.
What is a Waqf? Understanding Its Religious and Social Importance
According to Islamic custom, a waqf is a religious or philanthropic contribution given by Muslims for the good of the community. These properties are not available for sale or other uses. When property is deemed “waqf,” it belongs to God or Allah and cannot be sold or given away. Because they are utilized for mosques, madrassas, cemeteries, and orphanages, they are significant to India’s 200 million Muslims. The Waqf Act of 1995, which required the establishment of state-level boards to oversee the holdings, governs them.
These boards consist of Islamic scholars, state bar council members, Muslim parliamentarians, state government candidates, and waqf property administrators. A bill to modify the Waqf Act was introduced by the BJP government last August. According to the government, the bill’s modifications will modernize waqf management and close legal gaps. However, opposition parties and Muslim leaders claimed that the changes would increase the government’s authority over these estates. A commission was given the task of examining the bill. With a few changes, the panel approved the bill in February.
Key Provisions in the Waqf Amendment Act 2025
To start, the new draft suggests altering the process for determining a waqf property. Due to their ongoing use by the Muslim community, many properties that were gifted orally or through communal norms have historically been recognized as waqf properties. To claim a property as waqf under the new bill, waqf boards must present legitimate documentation. The government will have the last say in any conflicts, especially those involving land that is considered to be its own. Second, the law suggests permitting non-Muslims to serve on waqf tribunals and boards.
Additionally, the measure replaces the previous system in which waqf tribunal decisions were deemed final by permitting judicial participation in disputes. A centralized registration mechanism is also proposed in the bill, which mandates that all waqf properties be registered within six months of the law’s enactment. Via this process, waqf boards must also receive requests for new registrations of waqf properties. On top of that, the reform bill provides provisions that broaden the government’s authority to survey waqf properties.
Waqf Amendment Act 2025: Estimated Value and Scale of Waqf Properties Across India
Even if God may have been given these qualities, they are highly valued and disputed in the transitory world. Waqf ownership in India has been projected to be worth Rs 1.12 lakh crore and cover around a million acres, or 4,046 square kilometers, which is nearly twice the size of Mauritius. The Central Wakf Council (CWC), which advises the Union government, is in the role of supervising the 32 waqf boards that were established by the government and cover the states and Union territories.
The Waqf Act of 1995, a development of the Central Waqf Act of 1954, is under attack from the present amendment. The current government claims that the 2013 amendment to the 1995 Act, which strengthened the protection of waqf properties, is insufficient.
Government Oversight vs. Religious Autonomy: A Delicate Balance
The more than 40 modifications appear to be obstacles to the government’s desire for increased control over the properties owned by the Muslim minority, even while calling for greater responsibility and combating corruption are admirable goals. The law has kept the clause permitting up to two non-Muslims to be appointed to the boards of important waqf institutions, including the Central Waqf Council, State Waqf Boards, and waqf tribunals, despite JPC opposition. In addition, it is no longer essential for the chief executive officer of a waqf board to be a Muslim.
These must be read alongside another change that permits high courts to review the waqf tribunals’ rulings and terminates their previous finality. Additionally, the need for the tribunal to include a seat for a Muslim law expert has been lifted. These modifications weaken the waqf boards’ independence and grant government officials and organizations greater authority over thousands of waqf properties, including mosques and cemeteries.
Waqf Amendment Act 2025: Comparing the New Law to Sachar Committee Recommendations
Many additional clauses contribute to the government’s increasing meddling in local matters. In order to determine whether a property is waqf or government land, the modifications now designate the District Collector or an officer of comparable or higher status as an arbitrator. There are no rewards for foreseeing his decision. Without a doubt, a complete transformation of the Waqf Act and Waqf management is due.
Women are not adequately represented, and there is corruption and ineffective administration. To enhance returns for the Muslim community, the Justice Sachar Commission called for a reform of waqf boards and the supervision of waqf assets in its 2005 report on the socioeconomic state of the Muslim minority in India.
Article 26 and Constitutional Protections for Religious Minorities
Yet it is hard to accept that progressive reform will be introduced by the Waqf Amendment Bill. All communities’ property and religious trusts are subject to inept management and corruption. The integrity of the Constitution is in jeopardy. To safeguard their identity and culture, its writers established special provisions for religious minorities. On top of that, under Article 26, minorities are entitled to establish and manage charity and religious organizations. Therefore, the state has a moral duty to keep away from interfering in matters of marriage, divorce, inheritance, and family relationships.