The Waqf Amendment Act, 2025- Detailed Analysis

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Waqf Act

Synopsis

  1. Introduction
  2. The Joint Parliamentary Committee
  3. The Waqf (Amendment) Bill, 2025, in Lok Sabha
  4. The Waqf (Amendment) Bill, 2025, in Rajya Sabha
  5. President’s assent to the Bill
  6. Major Amendments

1. Introduction-

Both Houses of Parliament have passed one of the most controversial bills of the decade, i.e., the Waqf Amendment Bill, 2025. This bill seeks to amend the Waqf Act, 1995 (Act No. 43 of 1995), which 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.

2. The Joint Parliamentary Committee-

Initially, the Waqf Amendment Bill 2024 was introduced in Lok Sabha on 8th August 2024. Thereafter, it was referred to the Joint Parliamentary Committee (JPC) on the same day as the introduction to Lok Sabha. The JPC approved the draft in January 2025. It incorporated 14 amendments proposed by members of the BJP-led National Democratic Alliance (NDA). The Chairperson of the JPC confirmed that the amendments were adopted through a majority vote, with 16 members supporting the changes and 10 opposing them. To know more about the Joint Parliamentary Committee, CLICK HERE.

3. The Waqf (Amendment) Bill, 2025 in Lok Sabha-

The Lok Sabha has passed the Waqf (Amendment) Bill 2025. Out of 520 Members of the House, 288 Members voted in favour and 232 Members voted against the Bill. The House also approved the Mussalman Wakf (Repeal) Bill, 2024, which repeals the Mussalman Wakf Act, 1923.

3.1- Amendment not to impact religious practices-

Earlier, for about twelve hours, the Lok Sabha discussed the Waqf (Amendment) Bill, 2025, as reported by the Joint Parliamentary Committee. Union Minister for Minority Affairs Kiren Rijiju moved the Bill in the Lok Sabha. Moving the Bill, the Minister ensured that the Bill had nothing to do with the religious practices of Muslims. He also expressed that the Bill only pertains to properties exclusively related to the Waqf Boards. He said the Government wants to make the Waqf Boards inclusive and secular. He further added that the legislation is not intended for the management of the Masjid. The Minister termed this legislation a prospective saying that it is not retrospective and not intended to confiscate anyone’s property. 

3.2- The Bill ensures the proper representation-

The Minister said that, as per the present Bill, the Waqf Boards will have representations of different sects and women of the Muslim community.  He said, in the present Act, some provisions were misused to declare any land as Waqf property in the country. He also added that during the UPA rule in 2013, the amendments were made in the Waqf Act, which had an overriding effect on other laws. He said a total of 123 properties in the national capital were transferred to the Delhi Waqf Board during the Congress rule. He added that the Joint Parliamentary Committee, as well as the government, had a wider consultation with the stakeholders while framing the legislation. He questioned that if India has the highest Waqf properties in the world, then why are Indian Muslims still poor? The Minority Affairs Minister also moved the Mussalman Wakf (Repeal) Bill, 2024.

3.3- Oppositions view-

Gaurav Gogoi, Congress MP, accused the government of misleading the people on this Bill. He also raised the issues regarding the constitutionality of the Bill. Akhilesh Yadav of Samajwadi Party alleged that this Bill has been brought by the government to hide its failure related to price rise, unemployment, demonetisation and other issues. TMC MP Kalyan Banerjee termed the proposed legislation as misconceived, irrational and arbitrary. A Raja of DMK termed this legislation as unconstitutional and anti-minority. He also alleged that the Bill will harm Muslims.

4. The Waqf (Amendment) Bill, 2025, in Rajya Sabha-

The Rajya Sabha has passed the Waqf (Amendment) Bill 2025. The Rajya Sabha (Upper House) cleared the Bill with 128  members voting in favour of the Bill, while 95 members voted against the Bill. The Bill was discussed for about 14 hours in te Upper House of Parliament.

4.1- Bill is beneficial for Muslims-

Replying to a debate on the Bill, the Minority Affairs Minister Kiren Rijiju said that crores of poor Muslims will benefit from this legislation and in no way does it harm any single Muslim. He further added that the legislation does not interfere in the Waqf properties. He also said that poor and Pasmanda Muslims met him and urged him that the bill should be passed as soon as possible.

4.2- Oppositions View-

While participating in the discussion, Dr. Syed Naseer Hussain of the Congress said that this bill is misleading and has been brought with the intention of communal polarisation. He alleged that the BJP is trying to divide the communities. He said that during the BJP government, the budget was not allocated for the Waqf Council, and salaries were not paid to the employees of the council. Interrupting Dr. Hussain, Union Home Minister Amit Shah said that the opposition is trying to mislead the people.

Parliament also gave its approval to the Mussalman Wakf (Repeal) Bill, 2025, which repeals the Mussalman Wakf Act 1923, with the Rajya Sabha approving it after the Lok Sabha had already given its nod to the Bill.

5. President’s assent to the Bill-

President Droupadi Murmu gave her assent to the Waqf (Amendment) Bill, 2025, on 5 April 2025. The bill was recently passed by the Parliament and became a law after the Presidential assent.

As per Akashvani, the President also assented to the Mussalman Wakf (Repeal) Bill, 2025. Akashvani correspondent reported that, the Central government, through this new law, aims to introduce significant reforms in enhancing the governance, transparency, and efficiency of waqf property management in the country.

6. Major Amendments-

The Waqf Amendment Bill, 2025 (Bill No. 109-C of 2024) seeks to amend the Waqf Act, 1995 (ACT NO. 43 OF 1995). The Act was so enacted to provide for the better administration of Auqaf and for matters connected therewith or incidental thereto. The Major Amendments introduced by the Bill are as follows:

6.1- Short title, extent and commencement (Section 1)-

In section 1 (1), for the word “Waqf”, the words “Unified Waqf Management, Empowerment, Efficiency and Development” shall be substituted. Thereby, the name of the Act will be the ‘Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995’.

New Provision- This Act may be called the ‘Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.

6.2- Application of the Act (Section 2)-

In section 2 of the Act, after the first proviso, the following proviso shall be inserted, namely-

“Provided further that nothing in this Act shall, notwithstanding any judgement, decree or order of any court, apply to a trust (by whatever name called) established before or after the commencement of this Act or statutorily regulated by any statutory provision pertaining to public charities, by a Muslim for purpose similar to a waqf under any law for the
time being in force.”.

6.3- Definitions (Section 3)-

Various definitions have been inserted, as follows-

“Aghakhani waqf” means a waqf dedicated by an Aghakhani waqif; [Section 3 (aa)]

“Bohra waqf” means a waqf dedicated by a Bohra waqif;’ [Section 3 (ca)]

“Collector” includes the Collector of land-revenue of a district, or the Deputy Commissioner, or any officer not below the
rank of Deputy Collector authorised in writing by the Collector;’ [Section 3 (da)]

“Government Organisation” includes the Central Government, State Governments, Municipalities, Panchayats, attached
and subordinate offices and autonomous bodies of the Central Government or State Government, or any organisation or Institution owned and controlled by the Central Government or State Government; [Section 3 (fa)]

“Government property” means movable or immovable property or any part thereof, belonging to a Government Organisation;’ [Section 3 (fb)]

In clause (i), the words “, either verbally or” shall be omitted- [Section 3 (I)]. Therefore, mutawallis cannot be appointed verbally.

“portal and database” means the waqf asset management system or any other system set up by the Central Government for the registration, accounts, audit and any other detail of waqf and the Board, as may be prescribed by the Central Government;’ [Section 3 (ka)]

in the opening portion,of the definition of ‘Waqf’ for the words “any person, of any movable or immovable property”, the words “any person showing or demonstrating that he is practising Islam for at least five years, of any movable or immovable property, having ownership of such property and that there is no contrivance involved in the dedication of such property,” shall be substituted; [Section 3 (r)]

“Provided that the existing waqf by user properties registered on or before the commencement of the Waqf
(Amendment) Act, 2025 as waqf by user will remain as waqf properties except that the property, wholly or in part, is in
dispute or is a government property [Proviso to Section 3(r)]- newly inserted

6.4- Certain conditions of waqf (Section 3A)- New Provision

(1). No person shall create a waqf unless he is the lawful owner of the property and competent to transfer or dedicate such property.

(2). The creation of a waqf-alal-aulad shall not result in denial of inheritance rights of heirs, including women heirs, of the waqif or any other rights of persons with lawful claims.

6.5- Filing of details of waqf on portal and database (Section 3B)- New Provision

(1) Every waqf registered under this Act, prior to the commencement of the Waqf (Amendment) Act, 2025, shall file the details of the waqf and the property dedicated to the waqf on the portal and database, within a period of six months from such commencement:
Provided that the Tribunal may, on an application made to it by the mutawalli, extend such period of six months under this section for a further period not exceeding six months as it may consider appropriate, if he satisfies the Tribunal that he had sufficient cause for not filing the details of the waqf on the portal within such period.


(2) The details of the waqf under sub-section (1), amongst other information, shall include the following, namely:—
(a) the identification and boundaries of waqf properties, their use and occupier;
(b) the name and address of the creator of the waqf, mode and
date of such creation;
(c) the deed of waqf, if available;
(d) the present mutawalli and its management;
(e) the gross annual income from such waqf properties;
(f) the amount of land-revenue, cesses, rates and taxes annually payable in respect of the waqf properties;
(g) an estimate of the expenses annually incurred in the realisation of the income of the waqf properties;
(h) the amount set apart under the waqf for—
(i) the salary of the mutawalli and allowances to the individuals;
(ii) purely religious purposes;
(iii) charitable purposes; and
(iv) any other purposes;
(i) details of court cases, if any, involving such waqf property;
(j) any other particular as may be prescribed by the Central Government.

6.6- Wrongful declaration of waqf (Section 3C)- New Provision

(1) Any Government property identified or declared as waqf property, before or after the commencement of this Act, shall not be deemed to be a waqf property.


(2) If any question arises as to whether any such property is a Government property, the State Government may, by notification, designate on Officer above the rank of Collector (hereinafter referred to as the designated officer), who shall conduct an inquiry as per law, and determine whether such property is a Government property or not and submit his report to the State Government:
Provided that such property shall not be treated as waqf property till the designated officer submits his report.


(3) In case the designated officer determines the property to be a Government property, he shall make necessary corrections in revenue records and submit a report in this regard to the State Government.


(4) The State Government shall, on receipt of the report of the designated officer, direct the Board to make appropriate correction in the records.

6.7- Declaration of protected monument or protected area as waqf to be void (Section 3D)- New Provision

Any declaration or notification issued under this Act or under any previous Act in respect of waqf properties shall be void, if such property was a protected monument or protected area under the Ancient Monuments Preservation Act, 1904 or the Ancient Monuments and Archaeological Sites and Remains Act, 1958, at the time of such declaration or notification.

6.8- Bar of declaration of any land in Scheduled or Tribal area as waqf (Section 3E)- New Provision

Notwithstanding anything contained in this Act or any other law for the time being in force, no land belonging to members of Scheduled Tribes under the provisions of the Fifth Schedule or the Sixth Schedule to the Constitution shall be declared or deemed to be waqf property.

6.9- Survey of auqaf (Section 4)- New heading

Any survey of auqaf pending before the Survey Commissioner, on the commencement of the Waqf (Amendment) Act, 2025, shall be transferred to the Collector having jurisdiction and the Collector shall make the survey in accordance with the procedure in the revenue laws of the State, from the stage such survey is transferred to the Collector, and submit his report to the State Government. [Section 4(1)] Substituted Provision

By amending this provision, the office of Survey Commissioner has no role in the waqf, has been replaced by the Collector. Thereby, subsections 1A, 2 and 3 have been omitted.

6.10- Publication of list of auqaf (Section 5)

The State Government shall upload the notified list of auqaf on the portal and database within ninety days from the date of its publication in the Official Gazette under subsection (2). [Subsection 2A] New Provision

The details of each waqf shall contain the identification, boundaries of waqf properties, their use and occupier, details of the creator, mode and date of such creation, purpose of waqf, their present mutawallis and management in such manner as may be prescribed by the Central Government. [Subsection 2B] New Provision

The revenue authorities, before deciding mutation in the land records, in accordance with revenue laws in force, shall give a public notice of ninety days, in two daily newspapers circulating in the localities of such area of which one shall be in the regional language and give the affected persons an opportunity of being heard. (Subsection 3) Substituted Provision.

6.11- Disputes regarding auqaf (Section 6)

In the first proviso, for the words “one year”, the words “two years” shall be substituted.

Provided that no such suit shall be entertained by the Tribunal after the expiry of two years from the date of the publication of the list of auqaf. (Subsection 1- First proviso)

Provided further that an application may be entertained by the Tribunal after the period of two years specified in the first
proviso, if the applicant satisfies the Tribunal that he has sufficient cause for not making the application within such period. (Subsection 1- Second Proviso) Substituted provision

6.12- Power of Tribunal to determine disputes regarding auqaf (Section 7)

In the first proviso, for the words “one year” wherever they occur, the words “two years” shall be substituted.

Provided that— (Subsection 1)
(a) in the case of the list of auqaf relating to any part of the State and published after the commencement of this Act no such application shall be entertained after the expiry of two years from the date of publication of the list of auqaf; and
(b) in the case of the list of auqaf relating to any part of the State and published at any time within a period of one year immediately preceding the commencement of this Act, such an application may be entertained by Tribunal within the period of two years from such commencement

6.13- Establishment and constitution of Central Waqf Council (Section 9)

In section 9 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely-

The Council shall consist of—
(a) the Union Minister in charge of waqf—Chairperson, ex officio;
(b) three Members of Parliament of whom two shall be from the House of the People and one from the Council of States;
(c) the following members to be appointed by the Central Government from amongst Muslims, namely:—
(i) three persons to represent Muslim organisations having all India character and national importance;
(ii) Chairpersons of three Boards by rotation;
(iii) one person to represent the mutawallis of the waqf having a gross annual income of five lakh rupees and above;
(iv) three persons who are eminent scholars in Muslim law;
(d) two persons who have been Judges of the Supreme Court or a High Court;
(e) one Advocate of national eminence;
(f) four persons of national eminence, one each from the fields of administration or management, financial management, engineering or architecture and medicine;
(g) Additional Secretary or Joint Secretary to the Government of India dealing with waqf matters in the Union Ministry or
department—member, ex officio:
Provided that two of the members appointed under clause (c) shall be women:
Provided further that two members appointed under this sub-section, excluding ex officio members, shall be non-Muslim.”

6.14- Incorporation (Section 14)

for sub-sections (1), (1A), (2), (3) and (4), the following sub-sections shall be substituted, namely:

“(1) The Board for a State and the National Capital Territory of Delhi shall consist of, not more than eleven members, to be nominated by the State Government,—
(a) a Chairperson;
(b) (i) one Member of Parliament from the State or, as the case may be, the National Capital Territory of Delhi;
(ii) one Member of the State Legislature;
(c) the following members belonging to Muslim community, namely:—
(i) one mutawalli of the waqf having an annual income of one lakh rupees and above;
(ii) one eminent scholar of Islamic theology;

(iii) two or more elected members from the Municipalities or Panchayats:
Provided that in case there is no Muslim member available from any of the categories in sub-clauses (i) to (iii), additional members from category in sub-clause (iii) may be nominated;
(d) two persons who have professional experience in business management, social work, finance or revenue,
agriculture and development activities;
(e) Joint Secretary to the State Government dealing with the waqf matters, ex officio;
(f) one Member of the Bar Council of the concerned State or Union territory:
Provided that two members of the Board appointed under clause (c) shall be women:
Provided further that two of total members of the Board appointed under this sub-section, excluding ex officio members, shall be non-Muslim:
Provided also that the Board shall have at least one member each from Shia, Sunni and other backward classes among Muslim Communities:
Provided also that one member each from Bohra and Aghakhani communities shall be nominated in the Board in case they have functional auqaf in the State or Union territory:
Provided also that the elected members of Board holding office on the commencement of the Waqf (Amendment) Act, 2025 shall continue to hold office as such until the expiry of their term of office.


(2) No Minister of the Central Government or, as the case may be, a State Government, shall be nominated as a member of the Board.
(3) In case of a Union territory, the Board shall consist of not less than five and not more than seven members to be nominated by the Central Government under sub-section (1).”;

In determining the number of members belonging to Shia, Sunni, Bohra, Aghakhani or other backward classes among Muslim communities, the State Government or, as the case may be, the Central Government in case of a Union territory shall have regard to the number and value of Shia, Sunni, Bohra, Aghakhani and other backward classes among Muslim auqaf to be administered by the Board and appointment of the members shall be made, so far as may be, in accordance with such determination. (Subsection 6) Substituted Provision

6.15- Removal of Chairperson by vote of no confidence (Section 20A)

Omitted.

6.16- Registration (Section 36)

On and from the commencement of the Waqf (Amendment) Act, 2025, no waqf shall be created without execution of a waqf deed. (subsection 1A) New provision

On receipt of an application for registration, the Board shall forward the application to the Collector having jurisdiction to inquire the genuineness and validity of the application and correctness of any particulars therein and submit a report to the Board. (Subsection 7) Substituted provision

Provided that if the application is made by any person other than the person administering the waqf, the Board shall, before registering the waqf, give notice of the application to the person administering the waqf and shall hear him if he desires to be heard.

The Board, on registering a waqf, shall issue the certificate of registration to the waqf through the portal and database. (Subsection 9) New provision
No suit, appeal or other legal proceeding for the enforcement of any right on behalf of any waqf which have not been registered in accordance with the provisions of this Act, shall be instituted or commenced or heard, tried or decided by any court after expiry of a period of six months from the commencement of the Waqf (Amendment) Act, 2025: (Subsection 10) New provision
Provided that an application may be entertained by the court in respect of such suit, appeal or other legal proceedings after the period of six months specified under this sub-section, if the applicant satisfies the court that he has sufficient cause for not making the application within such period. New provision

6.17- Decision if a property is waqf property (Section 40)

Omitted.

Before this Amendment Act, the Board was to decide whether any property was a waqf property or not. Its decision was final unless revoked or modified by the Tribunal.

6.18- Submission of Accounts of Auqaf (Section 46)

for the word “July”, at both the places where it occurs, the word “October” shall be substituted; (Subsection 2)

5.19- Audit of accounts of auqaf (Section 47)-

for the words “fifty thousand rupees”, the words “one lakh rupees” shall be substituted and after the words “appointed by the Board”, ‘from out of the panel of auditors prepared by the State Government,’ shall be inserted.

Now, in the case of a waqf having no income or a net annual income not exceeding rupees the submission of a statement of accounts shall be a sufficient compliancewith the provisions of section 46 and the accounts of two per cent of such auqaf shall be audited annually by an auditor appointed by the Board from out of the panel of auditors prepared by the State Government. [Subsection 1(a)]

“Provided that the Central Government may, by order, direct the audit of any waqf at any time by an auditor appointed
by the Comptroller and Auditor-General of India, or by any officer designated by the Central Government for that purpose. [Subsection 1(c) Proviso] New provision

6.20- Disqualification of mutawalli (Section 50) New provision

A person shall not be qualified for being appointed, or for continuing as, a mutawalli, if he—
(a) is less than twenty-one years of age;
(b) is found to be a person of unsound mind;
(c) is an undischarged insolvent;
(d) has been convicted of any offence and sentenced to imprisonment for not less than two years;
(e) has been held guilty of encroachment on any waqf property;
(f) has been on a previous occasion—


(i) removed as a mutawalli; or

(ii) removed by an order of a competent court or Tribunal
from any position of trust either for mismanagement or for
corruption.”

6.21- Penalties (Section 61)

If a mutawalli fails to—
(i) deliver possession of any waqf property, if ordered by the Board or the Tribunal;
(ii) carry out the directions of the Collector or the Board;
(iii) do any other act which he is lawfully required to do by or under this Act;
(iv) provide statement of accounts under section 46;
(v) upload the details of waqf under section 3B,
he shall be punishable with imprisonment for a term which may extend to six months and also with a fine which shall not be less than twenty thousand rupees but which may extend to one lakh rupees.” (Subsection 1A) New Provision

6.22- Constitution of Tribunals, etc. (Section 83)

Provided that any other Tribunal may, by notification, be declared as the Tribunal for the purposes of this Act. (Subsection 1 proviso) New Provision

“Provided that if there is no Tribunal or the Tribunal is not functioning, any aggrieved person may appeal to the High Court directly.” (Subsection 2 proviso) New Provision

Every Tribunal shall consist of three members— (Subsection 4) Substituted provision
(a) one person, who is or has been a District Judge, who shall be the Chairman;
(b) one person, who is or has been an officer equivalent in the rank of Joint Secretary to the State Government—member;
(c) one person having knowledge of Muslim law and jurisprudence—member:


Provided that a Tribunal established under this Act, prior to the commencement of the Waqf (Amendment) Act, 2025, shall continue to function as such until the expiry of the term of office of the Chairman and the members thereof under this Act.”

“Provided that tenure of the Chairman and the member shall be five years from the date of appointment or until they attain the age of sixty-five years, whichever is earlier. (Subsection 4A proviso) New Provision

Any person aggrieved by the order of the Tribunal, may appeal to the High Court within a period of ninety days from the date of receipt of the order of the Tribunal.” (Subsection 9) Substituted Provision

6.23- Application of Act to properties given or donated by persons not professing Islam for support of certain waqf (Section 104)-

Omitted.

6.24- Act to have overriding effect (Section 108A)

Omittted.

Before this Amendment, the provisions of the waqf Act had overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act

6.25- Power of Central Government to make rules (Section 108B) New Provision-

(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, the Central Government may make rules for all or any of the following matters, namely:—
(a) the waqf asset management system for the registration, accounts, audit and other details of waqf and Board under clause (ka), and the manner of payments for maintenance of widow, divorced woman and orphan under sub-clause (iv) of clause (r), of section 3;
(b) any other particulars under clause (j) of sub-section (2) of section 3B;
(c) the manner in which details of waqf to be uploaded under sub-section (2B) of section 5;
(d) any other particulars under clause (f) of sub-section (3) of section 36;
(e) the manner in which the Board shall maintain the register of auqaf under sub-section (1) of section 37;
(f) such other particulars to be contained in the register of auqaf under clause (f) of sub-section (1) of section 37;
(g) form and manner and particulars of the statement of accounts under sub-section (2) of section 46;
(h) the manner for publishing audit report under sub-section (2A) of section 47;
(i) the manner of publication of proceedings and orders of Board under sub-section (2A) of section 48;
(j) any other matter which is required to be, or may be, prescribed

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.”.

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