Can you imagine an institution in this country possessing properties whose worth surpasses or rivals the annual income of some of Bharat’s largest corporations and Maharatnas, including NTPC and Coal India? These public and private enterprises contribute significantly to Bharat’s economy, provide employment to lakhs of citizens and operate under stringent legal frameworks, adhering to corporate social responsibility (CSR) and various statutory obligations.
However, there exists an institution that holds vast real estate assets yet remains largely outside the scrutiny of Bharatiya courts, the Waqf Board, governed by the Waqf Act, 1995. This institution can unilaterally claim ownership over any property in the country, and its decisions cannot be challenged before a court of law, making it one of the most legally insulated entities in Bharat.
Political Buzz Around the Bill
Recognising the concerns surrounding the existing Waqf laws, the Central Government introduced Waqf Amendment Bill in the Lok Sabha on August 8, 2024. However, due to political sensitivities and widespread debate, the bill was referred to a Joint Parliamentary Committee (JPC) for a detailed review. The JPC undertook an exhaustive clause-by-clause analysis, considering numerous representations from stakeholders across the country. Based on the committee’s recommendations, the Government incorporated significant modifications and reintroduced the bill as the Waqf (Amendment) Bill, 2025, in the Lok Sabha on April 2, 2025. Initially, an eight-hour discussion was allotted, but given the intensity of the debate, deliberations extended late into the night before the bill was passed in the lower house.
Any discussion on Waqf laws inevitably triggers fierce debates within certain sections of society. But why does this issue generate such an uproar? To understand this, one must delve into the history of Waqf in Bharat and the unchecked power it has wielded over the centuries.
Evolution of Waqf Laws
Under Section 3 (r) of the Waqf Act, 1995, Waqf is defined as the permanent dedication of movable or immovable property for any purpose deemed pious, religious, or charitable under Muslim law. The term originates from the Arabic root verb “Qif,” meaning “to stop” or “to hold.” A fundamental aspect of Waqf property is its inalienability—once dedicated, it cannot be sold, gifted, inherited, or mortgaged. As per Islamic belief, since God is eternal, Waqf property, too, remains ever lasting.
Three Eras of Waqf Development in Bharat
Islamic Rule (8th Century CE – Pre-British Era): During the Muslim rule in Bharat, Waqf properties were under strict Central control, with the ruling monarch serving as the supreme authority. While provincial and district officials such as the Sadr-e-Subah and Sadr-e-Sarkar managed Waqf properties at a regional level, ultimate authority rested with the Sultanate or Mughal emperor.
British Colonial Period (Pre-Independence Legislation): During British rule, a shift toward decentralisation in the administration of Waqf properties began. Several legislative measures were introduced:
1810: The Bengal Code Regulation XIX placed religious endowments under state oversight
1817: The Madras Code Regulation VII extended similar controls to Southern India
1863: The Religious Endowments Act formalised a policy of non-interference but allowed judicial intervention when needed
1890: The Charitable Endowments Act provided a legal framework for managing religious and secular charitable institutions
1913: The Mussalman Waqf Validating Act officially recognised family Waqfs (Waqf-alal-Aulad), ensuring that property remained within the family before reverting to religious or charitable use
1923–1943: A series of state-specific legislations introduced measures to regulate Waqf properties, leading to the establishment of formal Waqf Boards in different provinces
Post-Independence Legislations
Following Independence, the Bharatiya Constitution assigned the administration of trusts and religious endowments to both Central and State Governments, necessitating a uniform legal framework for Waqf management.
Waqf Bill passed in Parliament
The Rajya Sabha passed the Waqf (Amendment) Bill, 2025 in the early hours of April 4, after a marathon debate that began a day earlier. The bill was passed after a division of votes – 128 in favour and 95 against. The bill was passed in the Lok Sabha on April 3, after a division of votes – 288 in favour and 232 against.
1954: The Waqf Act, 1954, was enacted to regulate and manage Waqf properties, ensuring that their income was used for the intended religious or charitable purposes.
1969: Amendments attempted to enhance administrative efficiency, but concerns over mismanagement persisted
2006: The Sachar Committee report highlighted inefficiencies in Waqf management and recommended reforms such as better financial oversight and increased transparency
2008: A Joint Parliamentary Committee on Waqf, chaired by Shri K. Rahman Khan, emphasised the need for digitisation and accountability
2013: The Waqf Amendment Act sought to improve transparency, restrict unauthorised leasing and introduce professional oversight by mandating legal and financial experts on Waqf Boards
2025 Amendment Was Necessary
Despite repeated legislative efforts, significant issues continued to plague the Waqf system, necessitating the 2025 amendment. The primary concerns included:
- Opaque Administration: Waqf properties were mismanaged due to the absence of transparent governance mechanisms
- Abuse of Power: The Waqf Boards often acted arbitrarily, claiming properties without accountability
- Corruption in Appointments: Nepotism and political influence tainted the selection of Mutawallis (caretakers) and management committees
- Rampant Encroachments: The lack of proper oversight resulted in large-scale land grabbing, leaving affected parties without legal recourse
Judicial Handicap: Courts were powerless in reviewing Waqf Board decisions, as previous laws limited legal challenges against their rulings
The Waqf Amendment Act, 2025, seeks to address these long-standing concerns by introducing greater legal accountability, ensuring judicial scrutiny and implementing a transparent governance structure for Waqf properties.
A Landmark Reform
For too long, Waqf properties have remained beyond the reach of judicial and state oversight, creating an unequal legal framework in the country. The 2025 amendments seek to ensure that Waqf Boards function with the same level of transparency, accountability, and legal scrutiny as any other institution in Bharat.
The debate surrounding Waqf laws is not just about religious endowments, it is about fairness, the rule of law, and ensuring that no institution, religious or otherwise, remains above judicial scrutiny. By passing the Waqf Amendment Act, 2025, the Government has taken a crucial step towards restoring balance in Bharat’s governance framework, ensuring that all institutions, regardless of religious affiliation, are subject to the same legal and administrative standards.
For decades, people across the country—including Muslims—were made victims of draconian laws that allowed institutions to claim private and Government properties as Waqf properties without judicial scrutiny. Many found themselves helpless, unable to approach a court of law to challenge these arbitrary claims. With the passage of the Waqf Amendment Act, 2025, this long-standing injustice has finally been addressed, providing a ray of hope for all citizens.
A glaring example of the misuse of the previous Waqf laws was the claim over premium properties, including the CGO complex, the Parliament of India building in Delhi and almost all Government properties in Uttar Pradesh. Even Devbhoomi Dwarka in Gujarat was not spared. The sheer scale of such claims were astonishing, and any attempt to list them all would be an exhausting endeavour.
UPA Government’s Blunder
One of the most shocking incidents was the UPA Government’s 2014 decision, just before the General Elections and the imposition of the model code of conduct, to declare 123 premium properties as Waqf properties. These were in some of the most valuable and sought-after locations in the country. The problem was compounded by the fact that, under the previous laws, once a property was declared as Waqf, the decision could not be challenged in any court of law. Instead, the matter had to be decided solely by a Waqf Tribunal, a body whose composition and functioning were itself questionable.
Due to political sensitivities and widespread debate, the bill was referred to a Joint Parliamentary Committee (JPC) for a detailed review
Imagine a scenario where your own land is arbitrarily declared as Waqf property. As a responsible and law-abiding citizen, you would naturally seek legal recourse in civil or revenue courts. However, under Section 85 of the Waqf Act, 1985, this was not possible. The law barred any challenges in a civil court, forcing individuals to go before a Waqf Tribunal. To make matters worse, sub-clause 7 of Section 83 further restricted appeals, granting only limited revisional powers to the High Court. This effectively created a legal labyrinth where justice was out of reach for common citizens.
Demand for Transparency
Recognising these grave injustices, people across religions began demanding a fair and transparent system where they could protect their rights and have access to a proper legal recourse, one that allowed appeals up to the highest court of the country, like any other legal matter. The Waqf Amendment Act, 2025, introduced by the Government, finally fulfils this long-pending demand.
Paradigm Shift
The first major reform in the Act was the renaming of the Waqf framework. Section 1 of the previous Act was amended to replace the term Waqf with “Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED).” The introduction of the UMEED Bill marked a paradigm shift, signalling the Government’s commitment to transparency, modernisation and the rightful protection of property owners.
Key Provisions of Waqf Amendment Act *Abolition of Section 40: Under the previous Act, Waqf Boards had unchecked authority to declare any property as Waqf, leading to rampant misuse. The new Act has abolished this provision, preventing arbitrary land grabs *Elimination of Waqf: The amendment removes the controversial practice where any property used for religious purposes over a period of time could automatically be declared Waqf property
- Protection of Women and Children: The Act mandates that women and children must receive their rightful inheritance before any property can be declared Waqf. Special safeguards have been put in place for widows, divorced women, and orphans
- Legal Separation of Trusts & Waqfs: The amendment clarifies that trusts created by Muslims, whether before or after the Act, will not be considered Waqf properties if they are governed under other statutory provisions for public charities
- Appeal Mechanism: A major reform allows appeals to the High Court against Waqf Tribunal decisions, addressing a long-standing grievance that previously restricted legal challenges to the Tribunal’s verdicts
- Enhanced Transparency & Accountability: The Act mandates rigorous audits, digitisation of records and diversification of Waqf boards by including men, women, and non-Muslims to ensure broader community representation and oversight.
The passage of this Act was not an overnight decision. It was the result of extensive deliberations in the Lok Sabha, detailed scrutiny by the Joint Parliamentary Committee (JPC), and the incorporation of inputs from all State Governments. The JPC’s comprehensive reports, running into hundreds of pages, reflect a meticulous analysis of every amendment. The parliamentary process followed to enact this law exemplifies Bharat’s democratic ethos, proving that even draconian laws can be reformed through transparent and participatory legislation. The Waqf Amendment Act, 2025, is a historic and much-needed reform that upholds the fundamental rights of citizens, restores faith in the judiciary, and ensures that property disputes are adjudicated fairly. It removes legal ambiguities, strengthens transparency, and eliminates loopholes that had been exploited for years. By balancing religious considerations with constitutional rights, the Act guarantees a just and equitable framework for all.
This landmark legislation stands as a testament to Bharat’s commitment to fairness, justice and democracy. It provides long-awaited relief to affected individuals, ensuring that no property owner, regardless of religion, will ever have to live in fear of arbitrary claims. In many ways, the Act is not just a reform but a restoration of trust in Bharat’s legal system, a beacon of hope (UMEED) for those who had been waiting for justice for far too long.
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