Parliament passed the Waqf (Amendment) Bill, 2025 on 4 April 2025, completing its legislative journey through both Houses after over 26 cumulative hours of debate. The Rajya Sabha cleared the Bill with 128 votes in favour and 95 against, following a 14-hour discussion that extended well past midnight. The legislation incorporates 25 recommendations from the Joint Parliamentary Committee.
Background
The Waqf Act, 1995 governs the administration and management of Waqf properties across India. Over the years, concerns emerged regarding the governance structure of Waqf Boards, transparency in property management, gender representation, and coordination between Waqf Boards and revenue authorities. The Government introduced amending legislation to address these structural issues.
The Bill was initially introduced in 2024 and referred to a Joint Parliamentary Committee comprising members from both Houses. The JPC received extensive submissions from stakeholders before finalising its recommendations. The 2025 version of the Bill incorporated these recommendations and was taken up during the Budget Session.
Key Provisions
The Waqf (Amendment) Act, 2025 introduces several significant governance reforms:
Gender representation: At least two Muslim women must be included on the Central Waqf Council and State Waqf Boards, marking the first statutory mandate for female representation in Waqf governance bodies.
Sectarian inclusivity: State Waqf Boards must include representation from various Muslim sects, ensuring that the composition reflects the diversity within the community.
Board composition: Out of eleven members on each Waqf Board, up to three may be non-Muslims, intended to broaden expertise in property management and governance.
Revenue coordination: The amendment strengthens coordination mechanisms between Waqf Boards and local revenue authorities for survey, registration, and dispute resolution relating to Waqf properties.
Transparency measures: Enhanced provisions for property documentation, public accessibility of records, and streamlined dispute adjudication processes.
Heritage protection: Specific safeguards for heritage Waqf properties, mandating conservation standards and restricting alienation without prescribed approvals.
Implications for Practitioners
The passage of this legislation creates immediate compliance obligations for existing Waqf Boards across all states. Board reconstitution to meet the new composition requirements -- particularly the mandatory gender and sectarian representation -- will need to be completed within the timelines specified under the amended Act.
For property lawyers and dispute resolution practitioners, the enhanced coordination between Waqf Boards and revenue authorities introduces a dual-track verification process that could affect pending property disputes. Practitioners should anticipate that revenue records and Waqf records will need reconciliation, which may surface discrepancies in long-standing property claims.
The provision permitting non-Muslim members on Waqf Boards is likely to face constitutional challenge. Petitions questioning this provision on grounds of religious autonomy under Articles 25 and 26 of the Constitution are expected, and the Supreme Court has already been approached on the constitutionality of the Act. Practitioners advising Waqf institutions should monitor these proceedings closely.
The dispute resolution streamlining provisions may reduce the backlog of property litigation before Waqf Tribunals, but the transition period could create jurisdictional uncertainties as existing cases are mapped to the new framework.