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28 April, 2025
Wakf (Amendment) Bill, 2025
Fri 04 Apr, 2025
Context:
- The Wakf (Amendment) Bill, 2025 has been passed by both Houses of Parliament.
Key Points:
- Objective: To improve the efficiency of Wakf Boards, update definitions related to wakf, streamline the registration process, and promote the use of technology in record management.
- The Bill seeks to amend the Wakf Act, 1995 and introduce comprehensive changes in the administration and regulation of wakf properties.
Parliamentary Debate and Passage:
- Lok Sabha: Passed by a vote of 288 in favor and 232 against.
- Rajya Sabha: Passed after 12 hours of debate with 128 in favor and 95 against. Several opposition leaders strongly opposed it.
- AIMIM leader Asaduddin Owaisi called the Bill "unconstitutional" and "divisive among religious communities," and described it as an attack on minority rights.
Key Features of the Wakf (Amendment) Bill, 2025 :-
| Feature | Wakf Act, 1995 | Wakf (Amendment) Bill, 2025 |
| Name of the Act | Wakf Act, 1995 | Unified Wakf Management, Empowerment, Efficiency and Development Act, 2025 |
| Creation of Wakf | - Through declaration, user, or charitable donation (Wakf-al-Aulad) | - Only through declaration or charitable donation (user-based Wakf removed)
- Donor must be: • A practicing Muslim for at least 5 years • Owner of the property - Wakf-al-Aulad cannot exclude female heirs from inheritance
|
| Government Property as Wakf | - No clear provision | - Any government property identified as Wakf will no longer be considered Wakf
- Collector will resolve ownership disputes and submit a report to the State Government |
| Power to Determine Wakf Property | - Wakf Boards had power to inquire and determine if a property is Wakf | - Provision removed – Boards no longer have this authority |
| Wakf Survey | - Conducted by:
• Survey Commissioner • Additional Commissioners |
- Collectors will now conduct surveys
- Pending surveys will follow state revenue laws
|
| Structure of Central Wakf Council | - All members must be Muslim
- At least two women members |
- Two members may be non-Muslim
- MPs, ex-judges, and eminent persons need not be Muslim - The following must be Muslims: • Representatives of Muslim organizations • Experts in Islamic law • Chairpersons of Wakf Boards - Among Muslim members, two must be women |
| Structure of Wakf Boards | - Two elected members from Muslim electoral college:
• MPs • MLAs/MLCs • Bar Council members - At least two women members |
- State government can nominate one person from each background – they need not be Muslim
- Board must include: • Two non-Muslim members • At least one member each from: - Shia - Sunni - Backward Muslim communities • One member each from Bohra and Aga Khani communities (if applicable) • Two Muslim women as members |
| Structure of Tribunals | - Headed by a judge equivalent to:
• Class-1 District Judge / Sessions Judge - Other members: • State officer of ADM rank • Expert in Muslim law and jurisprudence |
- Headed by:
• Current or former District Court Judge - Other member: • Current or former officer of Joint Secretary rank in State Government - Muslim law expert removed |
| Appeals against Tribunal Orders | - Tribunal decision was final
- No appeal allowed in civil courts
|
- Provision making Tribunal decisions final is removed
- Appeal can be filed in High Court within 90 days - High Court may also act: • Suo-motu • On application from Board or aggrieved party |
| Powers of Central Government | - State Government may audit Wakf accounts anytime | - Central Government can frame rules regarding:
• Registration of Wakfs • Publication of accounts • Publication of Wakf Board proceedings - Audit may be conducted by: • CAG (Comptroller and Auditor General) • Or a designated officer |
| Separate Wakf Boards for Sects | - Separate Shia Board if they control:
• More than 15% of Wakf properties or income in a state
|
- Allows separate Wakf Boards for:
• Shia • Sunni • Bohra • Aga Khani (if Wakf exists in the state)
|
Background:
- On August 8, 2024, two Bills were introduced in the Lok Sabha:
- Wakf (Amendment) Bill, 2024
- Muslim Wakf (Repeal) Bill, 2024
- Muslim Wakf (Repeal) Bill, 2025: Aimed to repeal the Muslim Wakf Act, 1923, a colonial-era law now outdated for managing wakf properties in modern India.
- The goal was to eliminate discrepancies and ambiguities caused by the continued existence of the outdated Act, ensuring uniformity, transparency, and accountability under the Wakf Act, 1995.
Wakf (Amendment) Bill, 2024 – Key Developments:
- Joint Committee Formation:
- On August 9, 2024, a 31-member Joint Committee (21 from Lok Sabha, 10 from Rajya Sabha) was formed to review the Bill.
- Public Opinion and Expert Consultation:
- The committee invited public feedback and expert suggestions.
- Total representations received: 97,27,772
Consultations with Major Organizations:
- On August 22, 2024, the committee met 14 key organizations including AIMPLB, Deoband, Pasmanda Muslim Mahaj, Dawoodi Bohra, Sufi Council, and Muslim women’s groups.
Field Visits:
- To assess ground realities, the committee visited:
- Sept 26 – Oct 1, 2024: Mumbai, Hyderabad, Chennai
- Nov 9–11, 2024: Guwahati, Bhubaneswar
- Jan 18–21, 2025: Patna, Kolkata, Lucknow
Stakeholder Consultations:
- 36 meetings were held, with consultations including:
- 284 stakeholders
- 25 Wakf Boards
- 15 State Governments
- 5 Minority Commissions
- 20 Public Representatives
Amendments and Report:
- Recommendations to amend 19 out of 44 sections.
- Report submitted to the Lok Sabha Speaker on January 31, 2025, and presented in Parliament on February 13, 2025.
Major Recommendations:
- Implementation of an appellate system
- Digitization of wakf records
- Strict penalties for encroachments
- Disqualification of members involved in irregularities
- Equitable revenue utilization
- Empowering senior revenue officials for impartial investigation
Historical Overview of Wakf Laws in India:
- 1913: Muslim Wakf Validating Act – Legalized family wakfs
- 1923: Muslim Wakf Act – Introduced accounting and transparency
- 1930: Retrospective effect to the 1913 Act
1954 Wakf Act:
- Established State Wakf Boards
- 1964: Formation of Central Wakf Council under this Act
1995 Wakf Act:
- Consolidated all previous Acts into a single law
- Defined roles for Wakf Council, State Boards, CEOs, Mutawallis, and Wakf Tribunals
- Declared tribunal decisions final and binding
2013 Amendment:
- Established 3-member Tribunals, mandating 2 women members
- Prohibited sale or gifting of wakf property
- Increased lease period from 3 to 30 years
2024–25 Proposed Bills:
- Wakf (Amendment) Bill, 2025
- Muslim Wakf (Repeal) Bill, 2024
- Objectives: Modernization of administration, reduced litigation, and effective management
- Addresses flaws in the 1995 Act and ambiguities in the 2013 Amendment
Government Schemes:
- Qaumi Wakf Board Taraqqiati Scheme (QWBTS):
- For digitization of wakf records, manpower deployment, and grants
- Shahari Wakf Sampatti Vikas Yojana (SWSVY):
- Interest-free loans for commercial projects on wakf properties
2019–24 Expenditure:
- QWBTS – ₹23.87 crore
- SWSVY – ₹7.16 crore
- Current Status (As per WAMSI Portal):
- 8.72 lakh wakf properties recorded
- Spread across 38 lakh acres
- 4.02 lakh properties user-declared
- Only 9279 deeds uploaded, including 1083 wakf deeds
What is Wakf?
- An Islamic endowment of property for religious, charitable, or social purposes
- Administered by the Central Wakf Council and State Wakf Boards
State-wise Wakf Properties (as of Sept 2024):
| State Wakf Board | Total No. of Properties | Total Area (in Acres) |
| Andaman and Nicobar Wakf Board | 151 | 178.09 |
| Andhra Pradesh State Wakf Board | 14,685 | 78,229.97 |
| Assam Board of Wakfs | 2,654 | 6,618.14 |
| Bihar State (Shia) Wakf Board | 1,750 | 29,009.52 |
| Bihar State (Sunni) Wakf Board | 6,866 | 169,344.82 |