The Government introduced the Waqf (Amendment) Bill, 2024 in the Lok Sabha on August 8, 2024, proposing extensive changes to the Waqf Act, 1995. The Bill seeks to restructure the governance framework for Waqf properties across India, including changes to the composition of Waqf boards, the process of surveying Waqf properties, and the dispute resolution mechanism. Following opposition demands and given the politically sensitive nature of the proposed amendments, the Bill was referred to a Joint Parliamentary Committee (JPC) for detailed examination.
Background
The Waqf Act, 1995 governs the administration and management of Waqf properties — endowments made by Muslims for charitable, religious, or pious purposes under Islamic law. India has an estimated 8.7 lakh registered Waqf properties, making the Waqf estate one of the largest landholding categories in the country after the Indian Railways and the Defence establishment.
Successive governments have noted concerns regarding the management of Waqf properties, including instances of encroachment, mismanagement, and inadequate record-keeping. The existing regulatory framework, comprising state Waqf Boards and the Central Waqf Council, has been criticised for lack of transparency and accountability. Simultaneously, several stakeholders within the Muslim community have expressed concerns that any restructuring must respect the religious character of Waqf endowments.
Key Provisions
The Waqf (Amendment) Bill, 2024 proposes the following significant changes:
Renaming: The Bill proposes to rename the legislation as the "Unified Waqf Management, Empowerment, Efficiency and Development Act," signalling a shift in regulatory philosophy towards active management rather than mere oversight.
Board composition: Non-Muslim members are proposed to be included in Central and State Waqf Boards, departing from the existing all-Muslim composition. The rationale offered is that governance bodies overseeing large public endowments should include diverse administrative expertise.
District Collector's role: The Bill enhances the role of the District Collector in the survey and identification of Waqf properties, replacing the existing system where Survey Commissioners appointed by Waqf Boards conducted surveys. The Collector would verify the status of properties claimed as Waqf and could challenge claims lacking adequate documentation.
Waqf Tribunal restructuring: The dispute resolution mechanism through Waqf Tribunals is proposed to be restructured, with provisions for enhanced judicial composition and appellate mechanisms.
Registration requirements: New Waqf creations would require registration with the relevant authorities, with stricter documentation requirements including proof of ownership by the dedicator.
Database and digitisation: A central portal for registration and management of all Waqf properties is proposed, intended to address the chronic issue of incomplete and inconsistent records.
Implications for Practitioners
The referral to a Joint Parliamentary Committee ensures that the Bill will undergo extensive scrutiny before any provisions take legislative effect. Property lawyers and practitioners advising Waqf institutions should monitor the JPC proceedings closely, as the committee's recommendations may substantially modify the Bill's provisions.
The proposed enhancement of the District Collector's role in property surveys represents the most consequential operational change. If enacted, this could affect the status of properties currently recorded as Waqf, particularly those where documentary evidence of the original endowment is sparse or contested. Practitioners representing Waqf institutions should proactively review and consolidate title documentation.
The inclusion of non-Muslim members on Waqf boards raises constitutional questions about the autonomy of religious denominations to manage their own affairs under Articles 25 and 26. This issue is likely to generate litigation if the Bill is enacted in its current form.