The Waqf (Amendment) Bill, 2025, recently passed by both houses of Parliament, represents a significant overhaul of the management and governance framework for Waqf properties in India. On April 4, 2025, the Rajya Sabha approved the bill with 128 votes in favor and 95 against after a marathon 12-hour debate, following its earlier passage in the Lok Sabha with 288-232 voting. Union Home Minister Amit Shah hailed it as a “historic day” that ends years of “injustice and corruption” in the management of Waqf properties. It was on April 5 that President Droupadi Murmu gave assent to the bill. This legislation, also known as the UMEED Bill (Unified Management Empowerment Efficiency and Development), aims to enhance transparency, accountability, and efficiency in the administration of Waqf properties while addressing long-standing issues within the system.
Historical context and development of the bill
Waqf refers to properties dedicated exclusively to religious or charitable purposes under Islamic law, where any other use or sale of the property is prohibited. India has the largest waqf holding in the world, with Wakf Boards controlling approximately 8.7 lakh properties spanning 9.4 lakh acres across the country, making it the third-largest landowner in India after the Armed Forces and Indian Railways. The management of these extensive properties has been governed by the Waqf Act of 1995, which has faced numerous challenges over the years.
The journey of the Waqf Amendment Bill 2025 began with its initial introduction in 2024, after which it underwent scrutiny by a Joint Parliamentary Committee (JPC). Following an extensive review process and public consultations, it was reintroduced in the Lok Sabha on April 2, 2025, as the UMEED Bill. The bill was developed in response to persistent issues in the regulation and management of Waqf properties, with the primary objective of improving administration and addressing shortcomings in the previous legislative framework.
Problems with the previous Waqf Legislation PROBLEMS WITH THE PREVIOUS WAQF LEGISLATION
The previous Waqf Act faced several critical challenges that hindered effective governance and management of Waqf properties. One significant issue was the lack of diversity of the common people in the constitution of Waqf boards, which limited representation and perspective in decision-making processes. Another problem was that once a property was transferred to Waqf board it cannot be given back to the person such irrevocability of Waqf properties once designated as such created inflexibility and sometimes led to disputes, particularly when properties were claimed as Waqf without proper documentation.
Another major concern was Section 40 of the Waqf Act, which granted the Waqf Board extensive authority to designate any property as Waqf land without adequate checks and balances. This provision was criticized as overly restrictive and potentially open to misuse. Additionally, the previous system suffered from insufficient judicial oversight, allowing decisions to be made without adequate scrutiny or appeal mechanisms.
The management of Waqf properties also faced challenges related to transparency and accountability, with inadequate systems for monitoring financial transactions and property records. This lack of oversight sometimes contributed to corruption and mismanagement of valuable community assets, preventing them from being utilized for their intended charitable and religious purposes.
The Waqf Act of 1995’s structural flaws led to several real-world controversies that shows us the necessity for the 2025 reforms. These instances reveal how legislative loopholes and administrative overreach created chain of problems due to such structural flaws in the old Act:
1.Kerala Coastal Village Dispute (2023)
A fishing village in Alappuzha district with 600 Christian families faced eviction threats when the Waqf Board claimed 18 acres based on a 1976 survey. Under Section 40(3), the Board demanded the Kerala Latin Catholic Association prove the land wasn’t Waqf, despite century-old church records. The case lingered in tribunals for 11 years, demonstrating the old system’s bias toward Waqf Boards in burden-of-proof matters. The 2025 amendment’s requirement for documentary evidence reverses this onus, compelling Boards to have proofs for such claims before dispossession.
2.Chennai’s Chola-Era Temple Controversy (2024)
The Tamil Nadu Waqf Board’s claim over the 1,500-year-old Vedapureeswarar Temple sparked national outrage when lease documents revealed the shrine had been administered by Hindu trustees since 1947. Under Section 40(1), the Board initiated proceedings to declare it Waqf property based on disputed medieval inscriptions. The amended bill’s exclusion of ancient monuments from Waqf designation directly addresses such overreach.
3.Bengaluru 5-Star Hotel Litigation (2022-2024)
A luxury hotel on Race Course Road became embroiled in a Waqf claim despite corporate ownership records dating to 1989. The Karnataka Waqf Board argued the land was donated by Tipu Sultan’s descendants in 1801 – a claim backed by oral traditions but no extant deed. Under the 1995 Act’s ‘Waqf by user’ provision, the tribunal approved the claim, forcing the owners into protracted litigation. The 2025 abolition of this provision prevents such actions without written permissions which are given through a proper procedure.
Key Changes introduced in the Waqf Act 2025
The Waqf Amendment Bill 2025 introduced several pivotal changes aimed at addressing the shortcomings of the previous legislation and enhancing the management of Waqf properties. One of the most significant changes is the formal renaming of the legislation to the “Unified Management Empowerment Efficiency and Development” (UMEED) Bill, signaling a comprehensive approach to reform.
A crucial modification is the inclusion of non-Muslim representatives in central and state Waqf boards to enhance inclusivity and diversity in decision-making. This provision aims to bring different perspectives and expertise to the boards, potentially improving governance and transparency. Simultaneously, the bill mandates the inclusion of Muslim women on these boards, addressing previous gender imbalances in representation.
The bill eliminates the controversial ‘Waqf by user’ provision, which previously allowed properties to be designated as Waqf solely based on their long-term use for religious activities. However, it maintains that all waqf-by-user properties registered before the bill’s enactment will retain their status, except for those involved in disputes with the government. This change aims to prevent future disputes while respecting existing designations.
Section 40 of the Waqf Act has been abolished under the new bill, removing the Waqf Board’s authority to unilaterally designate any property as Waqf land. This addresses concerns about potential overreach and arbitrary designations that could lead to property disputes. The bill also establishes a legal separation between trusts and Waqfs, ensuring that trusts created by Muslims do not automatically fall under Waqf regulations if they are governed by other statutory provisions related to public charities.
Enhanced Protections and Governance Mechanisms
The Waqf Amendment Bill 2025 introduces several provisions aimed at protecting individual rights and improving governance. Only practicing Muslims (for at least five years) will now be allowed to dedicate property to Waqf, reinstating pre-2013 regulations. This requirement aims to ensure that property dedications align with genuine religious intentions and community needs.
Importantly, the bill prioritises inheritance rights by ensuring that women and children must receive their rightful inheritance before any property is declared as Waqf, with special safeguards for widows, divorced women, and orphans. This provision addresses historical concerns about inheritance rights being bypassed through Waqf declarations and provides additional protection for vulnerable individuals.
To minimize prolonged legal disputes, the bill introduces the applicability of the Limitation Act, 1963, to Waqf properties from the date the amendment comes into effect. This change establishes clearer timeframes for legal claims and challenges. The bill also explicitly prohibits the establishment of Waqf on lands falling under Schedule V and Schedule VI of the Constitution, safeguarding the rights of tribal communities and their traditional lands.
Improved Transparency and Dispute Resolution
The Waqf Amendment Bill 2025 places significant emphasis on enhancing transparency and improving dispute resolution mechanisms. It mandates that mutawallis (Waqf property managers) register all property details on a centralized portal within six months, creating a comprehensive digital record of Waqf assets. This measure aims to improve accessibility of information and reduce disputes arising from inadequate record-keeping.
The bill maintains a three-member composition for Waqf Tribunals, rejecting an earlier proposal to reduce it to two members. This decision, based on the recommendation of the Joint Parliamentary Committee, aims to ensure balanced and thorough consideration of cases. In a significant change to the investigation process, any government land or property claimed as Waqf will now be investigated by an officer of a rank higher than that of a collector, ensuring a more authoritative review process.
The dispute resolution mechanism has been modified to give a senior government official the final authority to determine whether a disputed property belongs to Waqf or the government, replacing the previous system. Additionally, the bill introduces a provision allowing appeals to the High Court against Waqf Tribunal decisions, addressing the current gap in which the High Court is granted only limited revisional powers. This change enhances judicial oversight and provides a clearer path for resolution of contentious cases.
Financial Reforms and Accountability Measures
Financial management of Waqf properties receives significant attention in the new bill. The mandatory contribution from Waqf institutions to Waqf boards has been reduced from 7 percent to 5 percent, potentially allowing more resources to remain with individual Waqf institutions for their charitable and religious activities. Simultaneously, the bill establishes stronger accountability by mandating that Waqf institutions earning over ₹1 lakh undergo audits by state-sponsored auditors.
A centralized portal will be established to automate Waqf property management, improving efficiency and transparency in record-keeping and financial transactions. This technological upgrade aims to reduce delays and improve access to information for all stakeholders. The bill also empowers the central government to make rules regarding registration, publication of accounts, and proceedings of waqf boards, creating a more standardized governance framework.
Legislative Passage and Future Implementation
After extensive parliamentary deliberation, the Waqf (Amendment) Bill, 2025 was approved by both houses of Parliament in early April 2025. The Rajya Sabha passed the bill following a particularly intense debate that lasted more than 12 hours and continued past midnight. Simultaneously, Parliament also passed the Mussalman Wakf (Repeal) Bill, 2024, which seeks to repeal the outdated Mussalman Wakf Act of 1923 from the British era.
The repeal of the 1923 legislation aims to remove confusion caused by overlapping legal frameworks and create a more consistent, transparent, and accountable system under the updated Waqf Act. Following parliamentary approval, the bills will be sent to the President of India for final assent before officially becoming law. Implementation will then proceed under the direction of the Ministry of Minority Affairs, which will oversee the transition to the new regulatory framework.
Conclusion
The Waqf Amendment Bill 2025 represents a significant effort to address longstanding challenges in the management and governance of Waqf properties in India. By enhancing transparency, improving inclusivity, strengthening dispute resolution mechanisms, and introducing stronger accountability measures, the bill aims to create a more equitable and efficient system for managing these important religious and charitable assets. While supporters hail it as a historic reform that will benefit the Muslim community, particularly the poor, women, and children, the bill has also faced opposition from those concerned about potential impacts on religious autonomy. In essence, this legislation represents a progressive step towards modernizing the governance of Waqf properties in India. It aligns with contemporary legal standards while respecting religious traditions and community needs. If implemented effectively, it has the potential to transform Waqf administration into a model of transparency and equity, benefiting millions across India particularly marginalised groups such as women, children, and economically disadvantaged communities. The bill not only rectifies past injustices but also lays a strong foundation for future growth and development in this critical sector.
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