Joint Parliamentary Committee Report on Waqf Amendment Bill, 2024 -

The Joint Parliamentary Committee (JPC) on the Waqf Amendment Bill approved the draft on Monday, 27 January 2025. It incorporated 14 amendments proposed by members of the BJP-led National Democratic Alliance (NDA). The JPC Chairperson confirmed that the amendments were adopted through a majority vote, with 16 members supporting the changes and 10 opposing them. The Waqf Amendment Bill seeks to overhaul the Waqf Act, of 1995, which governs the management of Waqf properties in India. The Bill has provoked controversy, with opposition parties claiming that it undermines the rights of Muslims and threatens India’s federal structure. Those who support the proposed amendment claim it to be opposed to the basic principle of Secularism.

The Waqf Act, 1995-

The Waqf Act, 1995 (Act No. 43 of 1995) was enacted for serving the purpose as, “An Act to provide for the better administration of [Auqaf] and matters connected therewith or incidental thereto.” This Act extends to the whole of India and applies to all waqfs whether created before or after the commencement of this Act. However, this Act shall not apply to the Durgah Khawaja Saheb, Ajmer to which the Durgah Khawaja Saheb Act, 1955 (Act No. 36 of 1955) applies.

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What is ‘Waqf’-

As per Section 3(r) of the Waqf Act, 1995 “waqf” means the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable and includes-

(I) a waqf by user but such waqf shall not cease to be a waqf by reason only of the user having ceased irrespective of the period of such cesser;

(ii) a Shamlat Patti, Shamlat Deh, Jumla Malkkan or by any other name entered in a revenue record;

(iii) “grants”, including mashrat-ul-khidmat for any purpose recognised by the Muslim law as pious, religious or charitable; and a waqf-alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable, provided when the line of succession fails, the income of the waqf shall be spent for education, development, welfare and such other purposes as recognised by Muslim law

and any person making such dedication is known as ‘Waqif’.

The Waqf Amendment Bill, 2024-

The Waqf Amendment Bill 2024 was introduced in Lok Sabha on 8th August 2024. It was referred to the Joint Parliamentary Committee on the same day as the introduction to Lok Sabha.

Proposed Amendments-

The bill seeks to rename the Waqf Act, 1995 as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995;
Ensuring that the creation of waqf-alal-aulad does not lead to the denial of inheritance rights
The Bill changes the composition of the Central Waqf Council and Waqf Boards to include non-Muslim members.
The Survey Commissioner has been replaced by the Collector, or any other officer not below the rank of Deputy Collector duly nominated by the Collector, granting him powers to conduct surveys of waqf properties.
Government property identified as waqf will cease to be waqf. The collector will determine ownership of such properties.
The finality of the Tribunal’s decisions has been revoked. The Bill provides for direct appeal to the High Court within 90 days.
Waqf is managed as per Muslim law. This bill allows and mandates non-Muslim members of the State Waqf Boards and Central Waqf Council. It creates room for these bodies to majorly comprise of non-Muslim members. Similar institutions governing Hindu and Sikh endowments primarily comprise of members from their respective religions.
Removing the expert in Muslim law from Waqf Tribunals may affect the redressal of waqf-related disputes.
The Bill limits the creation of waqf to only people professing Islam for at least five years. The rationale behind such criteria is unclear. This creates a distinction between persons practicing Islam for less than five years, and those doing so for more than five years.
The Bill provides for representation of Shia, Sunni, Bohra, Agakhani and other backward classes among Muslim communities
The Bill provides for the establishment of a separate Board of Auqaf for Boharas and Aghakhanis;
The Bill provides for the omission of Section 40 of the Act relating to the powers of the Board to decide if a property is waqf property
The Bill provides for the omission of section 107 of the Act so as to make the Limitation Act, 1963 applicable to any action under the Act; and omission of sections 108 and 108A relating to special provision as to evacuee waqf properties and Act to have overriding effect.

The Joint Parliament Committee-

The Joint Parliamentary Committee (JPC) on the Waqf (Amendment) Bill, 2024 was appointed in August 2024. Hon’ble Speaker appointed Shri Jagdambika Pal, M.P., Lok Sabha as the Chairperson of the Joint Parliamentary Committee on 09.08.2024 through separate Motions adopted by both Houses of Parliament. The said Bill was referred to a Joint Committee comprising 21 Members from Lok Sabha and 10 Members from Rajya Sabha with the mandate to examine the Bill and make a report on the Bill to the Parliament by the last day of the first week of the next Session (i.e., Winter Session, 2024). However, the time limit was extended later.

The Joint Parliamentary Committee tasked with examining the Bill comprises 31 members from both houses of Parliament. 16 MPs from the BJP and its National Democratic Alliance (NDA) allies and 13 MPs, including one from the YSR Congress Party and one nominated member. The 14 amendments approved were proposed by the ruling BJP and NDA members. The 44 amendments proposed by the opposition were rejected. BJP MP Aparajita Sarangi explained that the opposition proposed amendments to 43 of the government’s 44 proposals, emphasizing that the discussions were democratic and inclusive. She highlighted that the JPC had held 34 sittings over 108 hours, consulting over 284 stakeholders before reaching a final decision. Although the final draft report of the JPC has not been made public yet, it is expected to be released on January 29.

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