New Delhi, February 13, 2025 — The report of the Joint Parliamentary Committee (JPC) on the Waqf (Amendment) Bill, 2024, was submitted to Parliament, which aroused considerable controversy and dissent from opposition parties.
Though the report was adopted with a 15-11 majority in the committee, the opposition accused it of being “biased” and “one-sided,” alleging that it works against the constitutional rights of the Muslim community.
Salient Amendments and Provisions
The Waqf (Amendment) Bill, 2024, seeks to make several important amendments to the Waqf Act of 1995:
- Insertion of Non-Muslim Members: One of the most contentious amendments is the proposal to include some non-Muslim members on the Central Waqf Council and the State Waqf Boards. Proponents of the amendment say it is intended to guarantee transparency and accountability. Critics in opposition maintain that laity in Waqf management contravenes Article 26 of the Indian Constitution, which allows the freedom of managing affairs of a religious denomination.
- Deletion of ‘Waqf by User’: The bill proposes the deletion of the ‘waqf by user’ clause, a historic provision permitting properties to be recognized as waqf based on long-term use, leading to disputes around the numerous waqf-managed properties. Critics claim this could lead to confusion over the status of those properties currently under waqf management.
- Delegation of Powers to District Collectors: The bill aims to empower district collectors to determine the status of disputed properties. Opposition members fear this would allow for greater government intervention in waqf activities, breaking into the Waqf Boards’ autonomy.
Opposition’s Dissent
Opposition members have criticized the JPC report bitterly. Asaduddin Owaisi, the head of the All India Majlis-e-Ittehadul Muslimeen (AIMIM), has submitted a dissent note with detailed points; apparently, substantial portions were cut without his knowledge.
In his dissent note, Owaisi dubbed the bill “unconstitutional,” warning it would “wreck Waqf boards by letting the government interfere into WAQF manage activities”.
Justification by the Government
Parliamentary Committee or JPC’s chairperson, Jagdambika Pal, a BJP Member of Parliament, stated that the proposed bill’s aim is to bring transparency and accountability in the board of waqf properties.
He stressed that, for the first time, marginalized groups within the Muslim community, including Pasmanda Muslims, women, and orphans, have been explicitly recognized as beneficiaries of waqf endowments.
Pal added that the committee held extensive consultations: speaking to over 250 stakeholders about the monthly (38 meetings) process of dialogue across the country.
He added that in the amendments adopted, many of the issues brought forward by members in opposition will now be addressed so as to increase transparency and efficiency within Waqf boards.
Next Steps
With the report of the JPC already tabled in Parliament, the Waqf (Amendment) Bill 2024 is set to be debated during the current Budget Session. The bill is expected to pass due to a majority for the ruling party in both Houses, notwithstanding strong opposition.
The ongoing debate on the bill captures the larger tension between government proposals for reform and the opposition’s anxieties over protecting religious freedom and constitutional rights.
As developments unfold in the course of the legislative cycle, stakeholders from various communities will be monitoring the situation closely, given the potential ramifications for the management and governance of waqf properties in India.
