Waqf Amendment Bill, 2025: Reform or controversy? EXPLAINED

The Narendra Modi-led government introduced the Waqf (Amendment) Bill, 2025 in Parliament on April 2, sparking intense debate. While the ruling party claims the bill will streamline the management and administration of Waqf properties, the opposition has slammed it as “targeted legislation” that contradicts constitutional principles.

The Mussalman Wakf (Repeal) Bill, 2024, which also deals with Waqf-related legal reforms, accompanies this bill. Minister of Parliamentary Affairs and Minority Affairs Kiren Rijiju introduced these bills in the Lok Sabha on April 2, 2025.

Government vs opposition

The Bharatiya Janata Party (BJP) has defended the bill, arguing that it addresses long-standing issues in Waqf property management. Its allies, including the Telugu Desam Party (TDP) and Janata Dal (United) (JDU), have backed the move. However, Bihar Chief Minister Nitish Kumar’s JDU has urged that the amendments should not be applied retrospectively.

On the other hand, the opposition has strongly resisted the bill, claiming that it unfairly targets a particular community. Some opposition leaders argue that Waqf properties should not be subjected to government intervention in a way that disrupts religious autonomy.

What does the bill aim to achieve?

The Waqf (Amendment) Bill, 2025, seeks to modernise and improve the administration of Waqf assets across India. It aims to rectify shortcomings in the Waqf Act, 1995, by introducing key reforms such as

• Renaming the Act for better clarity and legal precision
• Updating the definition of Waqf to prevent ambiguities and legal disputes
• Enhancing the registration process to ensure transparency
• Leveraging technology to digitise Waqf property records for better monitoring and accountability.

Challenges in Waqf property management

The government has listed several challenges associated with Waqf properties, which it claims this bill seeks to resolve:

1. The principle of “once a Waqf, always a Waqf”: This doctrine has led to legal complexities. Disputes, such as the controversy over islands in Bet Dwarka, highlight the challenges of applying this rule in a modern legal framework.
2. Legal disputes and poor governance: The Waqf Act, 1995, and its 2013 amendment have failed to prevent illegal land occupations, ownership disputes, and mismanagement. Cases related to Waqf properties have clogged Indian courts, delaying justice.
3. Lack of judicial oversight: Decisions made by Waqf tribunals cannot be challenged in higher courts. This lack of appeal mechanisms has raised concerns about transparency and accountability.
4. Incomplete surveys of Waqf properties: Many states have failed to conduct proper surveys of Waqf properties. Gujarat and Uttarakhand have yet to begin their surveys, while in Uttar Pradesh, a survey initiated in 2014 remains unfinished. Lack of coordination with revenue departments has further stalled progress.
5. Misuse of Waqf board powers: Certain state Waqf boards have allegedly misused their authority, leading to community tensions.
   1. Section 40 of the Waqf Act allows Waqf boards to declare private properties as Waqf, which has resulted in numerous disputes.
   2. Out of 30 states and union territories, only eight have submitted reports, identifying 515 properties that were designated as Waqf under Section 40.
6. Constitutional controversy: The Waqf Act applies exclusively to Muslims, raising legal and constitutional concerns. A Public Interest Litigation (PIL) in the Delhi High Court has challenged the act’s validity, prompting the court to seek a response from the central government.

How will the bill benefit the poor?

The government insists that the bill will enhance the socio-economic impact of Waqf properties by:

• Creating a centralised digital portal to track and manage Waqf assets
• Introducing financial audits to prevent mismanagement
• Increasing revenue from Waqf lands, which can then be directed towards education, healthcare, housing, and employment programmes for underprivileged communities
• Conducting regular inspections to ensure compliance with governance standards

Key provisions and FAQs

1. Will non-Muslims be part of Waqf management? In what ratio?

Yes. The bill allows two non-Muslim members in both the Central Waqf Council (out of 22 members) and State Waqf Boards (out of 11 members).

2. How will Muslim trusts be affected?

Muslim-created trusts will no longer be classified as Waqf, ensuring greater independence in their operations.

3. Who can dedicate property to Waqf?

Only practising Muslims, for at least five years, will be allowed to dedicate property to Waqf, reverting to pre-2013 regulations.

4. What happens to ‘Waqf by user’ properties?

Properties already registered as Waqf will remain so. However, disputed cases or those identified as government land will undergo further scrutiny.

5. How will transparency be ensured?

The bill mandates mutawallis (caretakers of Waqf properties) to register property details on a central portal within six months.

6. What about government land disputes?

An officer above the rank of Collector will be assigned to investigate claims of government land being declared as Waqf.

7. How will Waqf tribunals be strengthened?

A structured selection process and fixed tenure for tribunal judges will improve efficiency in dispute resolution.

8. How will annual contributions to Waqf boards change?

The mandatory contribution by Waqf institutions to Waqf Boards will be reduced from 7% to 5%.

9. How will the limitation act affect Waqf property claims?

By applying the Limitation Act, 1963, Waqf-related property disputes will have legal time limits, reducing prolonged litigation.

10. What are the new audit rules?

All Waqf institutions earning over ₹1 lakh per year must undergo state-appointed audits.

11. What does the removal of Section 40 mean?

Waqf Boards can no longer arbitrarily declare properties as Waqf, preventing legal conflicts over private property.

12. Finally, does the bill resolve Hindu-Muslim disputes over Waqf?

The Waqf (Amendment) Bill, 2025, has introduced legal mechanisms to resolve Waqf property disputes, but whether it will fully eliminate tensions remains uncertain.

The bill proposes:

• Mandatory registration of Waqf properties with the District Collector
• Allowing appeals to High Courts against Waqf tribunal decisions
• Stronger government oversight to prevent mismanagement

However, the bill has faced resistance from Muslim groups and opposition parties, who argue that it undermines religious autonomy. From a Hindu and non-Muslim perspective, the key concern is ensuring private property rights are not violated by Waqf declarations.

The Waqf (Amendment) Bill, 2025, is one of the most contentious legislative proposals in recent years. While the government claims it will modernise and regulate Waqf properties fairly, its opponents argue that it targets a specific community.

Whether the bill will lead to genuine reform or prolonged controversy remains to be seen.