Lok Sabha passes Waqf Amendment Bill

The Lok Sabha on Thursday passed the Waqf (Amendment) Bill, 2025. .The Bill was tabled before the House on Wednesday, April 2. It was introduced by Union Minister Kiren Rijiju and passed at around 2 AM on April 3, Thursday, after a marathon debate of over 12 hours.288 Members of Parliament (MPs) voted in favour of the Bill, while 232 MPs opposed the Bill. .In his speech, Rijiju said that the Bill does not infringe on the religious rights of Muslims and that it pertains only to the management of property.“If we had not come up with this legislation, even Parliament building would have been claimed as waqf," he added. Union Home Minister Amit Shah stated that there is a huge misconception that the proposed amendment will interfere with the religious affairs or Muslims or property dedicated by them.“I would like to tell Muslims in the country that not even one non-Muslim will come into your waqf,” he said.BJP MP Tejasvi Surya added that the Bill will undo the constitutional fraud imposed on the country by the Congress party..Among the opposition members who condemned the Bill was Congress MP from Assam, Gaurav Gogoi, who termed it an “attack on the basic structure of the Constitution.”All India Trinamool Congress (AITC) MP from West Bengal, Kalyan Banerjee argued that the Bill was a clear violation of the right of Muslims to perform and manage their religious affairs under Article 26 of the Constitution.Congress MP KC Venugopal accused the BJP of attacking religious minorities. “The world is watching as you try to divide this country for political benefit,” he said.Revolutionary Socialist Party (RSP) MP from Kerala NK Premachandran added,"You have made non-muslim members mandatory on waqf board. Will you say that for devaswom boards of temples?"Independent MP from Jammu and Kashmir, Abdul Rashid Sheikh commented that it was a numbers game at play."We all know this Bill will be passed because they have the majority …I want to tell Muslims of this country that this is a numbers game for them and you are stuck in between,” he said.Kerala Congress MP Advocate K Francis George, meanwhile, objected to claims that the Bill could help resolve the ongoing Munambam-waqf dispute in Kerala.“Munambam dispute can be resolved by making ambiguous provisions of the Act unambiguous, and it can be done without affecting the fundamental rights of Muslims,” he said.All India Majlis-e-Ittehadul Muslimeen (AIMIM) MP Asaduddin Owaisi tore a copy of the Bill to mark his opposition to it.“When you say waqf council and board are religion neutral, you can nominate your pawns. What kind of mockery of democracy is this?" he asked..The Bill, which proposes to amend the Waqf Act, 1995 in order to address the regulation of Waqf properties, was first introduced in the Lok Sabha in August 2024. It was then sent to the Joint Parliamentary Committee (JPC). which accepted suggestions for certain amendments to the bill..Waqf refers to properties dedicated exclusively for religious or charitable purposes under Islamic law. The Waqf Act, 1995, was enacted to govern the administration of waqf Properties (religious endowments) in India. It provides for the power and functions of the Waqf Council, State Waqf Boards, and the Chief Executive Officer, and the mutawalli. The Act also describes the power and restrictions of Waqf Tribunals which act in lieu of a civil court under its jurisdiction.The controversial Bill makes key changes to the Act. .Key provisions of the bill.The Bill seeks to rename the 1995 Act to the Unified Waqf Management, Empowerment, Efficiency, and Development Act to reflect its broader objective of improving the management and efficiency of Waqf boards and properties.While the Act allowed waqf to be formed by declaration, long-term use, or endowment, the Bill states that only a person practicing Islam for at least five years may declare a waqf. It clarifies that the person must own the property being declared. It removes waqf by user, where properties could be deemed as waqf based solely on prolonged use for religious purposes. It also adds that waqf-alal-aulad must not result in the denial of inheritance rights to the donor’s heir including women heirs.While the Act empowered the Waqf Board to inquire and determine if a property is waqf, the Bill removes this provision.The Act constituted the Central Waqf Council to advise the Central and State governments and Waqf Boards. The Union Minister in-charge of Waqf was the ex-officio chairperson of the Council. The Act required that all Council members be Muslims, and at least two must be women. The Bill instead provides that two members must be non-Muslims. Members of Parliament, former judges, and eminent persons appointed to the Council as per the Act need not be Muslims. Representatives of Muslim organisations, scholars in Islamic law, and chairpersons of Waqf Boards must be Muslims. Of the Muslim members, two must be women.The Bill empowers the Central government to make rules regarding registration, publication of accounts of waqf, and publication of proceedings of Waqf Boards. Under the Act, State governments could get the accounts of Waqfs audited at any point. The Bill empowers the Central government to get these audited by the CAG or a designated officer.The Act allowed the establishment of separate Waqf Boards for Sunni and Shia sects if the Shia waqf constituted over 15 per cent of all waqf properties or waqf income in the State. The Bill also allows separate waqf boards for the Aghakhani and Bohra sects.Under the Act, decisions of the Waqf Tribunal were final, and appeals against its decisions in Courts were prohibited. The High Court could consider matters on its own accord, on an application by the Board or an aggrieved party. The Bill omits the provisions which granted finality to the Tribunal’s decisions. Waqf Tribunal orders may be appealed before High Courts within 90 days as per the Bill..[Read Waqf (Amendment) Act, 2025].Read live updates of parliament proceedings here..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.