The Waqf (Amendment) Bill, 2025, recently enacted by the Indian Parliament and granted Presidential assent in April 2025, marks a significant legislative shift in the governance of waqf properties across India. The Bill amends key provisions of the Waqf Act, 1995, with an objective: to promote transparency, safeguard government and tribal lands, and ensure inclusive and accountable management of waqf assets.
Key Amendments and Provisions
1. Repeal of Section 40 – Arbitrary Declaration of Waqf Property
- Previous Position: Section 40 of the Waqf Act, 1995, empowered Waqf Boards to unilaterally declare any land as waqf property based on their internal records.
- Amended Position: Section 40 stands repealed. Henceforth, waqf declarations require due legal process and admissible evidence, ensuring affected individuals or institutions have a chance to contest such claims.
- Impact: Eliminates arbitrary land acquisition by waqf authorities, offering protection to private, tribal, and public lands.
2. Prohibition on Waqf Claims over Government and Tribal Lands
- The Amendment expressly bars the declaration of:
- Government-owned lands
- Forest lands
- Lands belonging to Scheduled Tribes or falling under the Fifth and Sixth Schedules of the Constitution
- This provision aims to safeguard sovereign and indigenous land rights, often historically threatened by unverified waqf claims.
3. Mandatory Digitization and Public Access to Waqf Records
- A centralized digital portal will now host:
- All registered waqf properties
- GIS/geo-tagged land data
- Audit reports and management records
- Objective: To enhance public transparency, curb misappropriation, and enable real-time grievance redressal.
4. Inclusive Representation on Waqf Boards
- The revised framework mandates the inclusion of non-Muslim professionals (legal, financial, land administration experts) in the composition of Central and State Waqf Boards.
- Purpose: To foster institutional accountability, promote balanced governance, and reflect multi-sectoral expertise in waqf administration.
5. Focus on Marginalized Muslim Women
- Recognizing historical exclusions, the amendment prioritizes welfare schemes for Muslim women, especially:
- Widows
- Divorcees
- Economically vulnerable women
- Waqf income is now encouraged to be channeled into education, livelihood, housing, and health schemes for such groups.
6. Enhanced Auditing and Financial Oversight
- All waqf institutions with annual incomes exceeding ₹1 lakh will undergo mandatory third-party audits.
- Audit results must be published on the waqf portal and reported to the respective state authorities.
- This reform seeks to address graft, inefficiency, and opaque financial practices prevalent in certain waqf administrations.
Legislative Background and Parliamentary Debate
- The Bill was introduced in the Winter Session of Parliament (2023) and passed in early 2025 after extended deliberation.
- Voting Outcome in Rajya Sabha:
- In favor: 128
- Opposed: 95
- While the Government views the law as pro-reform and secular, several opposition parties and Muslim organizations have expressed concern over:
- Encroachment on religious autonomy
- Exclusion of traditional community voices
Judicial Review and Constitutional Scrutiny
- Several petitions have been filed in the Supreme Court, challenging the legality of the amended provisions.
- Primary grounds of challenge:
- Potential infringement of Article 26 (Freedom to manage religious affairs)
- Alleged non-consultation with minority stakeholders
- The Supreme Court has issued notices to the Centre, and hearings are currently ongoing.
Summary Table of Major Changes
| Aspect | Before Amendment | After Amendment (2025) |
|---|---|---|
| Declaration of Waqf Property | Section 40 enabled unilateral declaration | Requires legal due process; Section 40 repealed |
| Land Protections | No specific bar on govt/tribal land claims | Explicit prohibition added |
| Digital Transparency | Fragmented and paper-based records | Mandatory centralized digital portal |
| Board Composition | Muslim-only representation | Inclusive of external legal and finance experts |
| Women-Centric Reforms | Not prioritized | Special schemes for Muslim women introduced |
| Financial Oversight | Limited audit requirements | Audits mandatory for incomes above ₹1 lakh |
waqf-amedment-act-2025.pdf (330.1 KB)
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