After hours of intense and emotional debate, India’s Parliament has passed the Waqf (Amendment) Bill, 2025, a move the government says will modernize and bring transparency to the management of Waqf properties. However, the bill has sparked fierce backlash from opposition parties and Muslim leaders who call it unconstitutional and a direct assault on the rights of the Muslim community.
The Rajya Sabha passed the bill early Friday morning following a 12-hour-long discussion that stretched past midnight, with 128 votes in favour and 95 against. The Lok Sabha had passed it on Thursday with 288 supporting and 232 opposing. The bill now awaits President Droupadi Murmu’s assent to become law—a formality that is expected to be completed soon.
What Is a Waqf Property?
In Islamic tradition, waqf refers to a charitable endowment or donation made by Muslims, typically for religious, educational, or social welfare purposes. Once declared, such properties are permanently dedicated to the community and cannot be sold, inherited, or transferred.
India’s Waqf properties are vast and deeply rooted in the country’s history. They are used to support mosques, madrassas (Islamic schools), graveyards, orphanages, and community welfare initiatives. These properties have been managed under the Waqf Act, 1995, which mandated the formation of state-level Waqf Boards. These boards comprise Muslim lawmakers, Islamic scholars, legal experts, and managers of Waqf properties, along with government nominees.
Government’s Justification: Transparency, Accountability, Inclusiveness
The BJP-led government says the Waqf system has long suffered from mismanagement, lack of documentation, and corruption.
Prime Minister Narendra Modi hailed the bill as a “watershed moment,” stating on X (formerly Twitter) that the Waqf system has been “synonymous with a lack of transparency and accountability for decades.” He added that the new law would safeguard people’s rights and bring order to a neglected system.
Minority Affairs Minister Kiren Rijiju, who tabled the bill, emphasized that the legislation is intended to empower the poor, particularly Pasmanda Muslims, and modernize the governance of Waqf properties without infringing on religious freedoms. “It aims to promote equality and development under Sabka Saath, Sabka Vikas,” Rijiju said. He also noted that several suggestions from lawmakers were incorporated during the Joint Parliamentary Committee review.
Opposition and Muslim Leaders Cry Foul
Despite government assurances, the bill has drawn strong condemnation from opposition parties including the Congress, TMC, DMK, AAP, and Samajwadi Party. Critics allege the bill violates Articles 14, 15, 25, and 26 of the Constitution—guaranteeing equality, non-discrimination, and religious freedom.
Congress leader Mallikarjun Kharge argued that the bill was pushed through arbitrarily, despite strong opposition. “Even though 288 members supported it in the Lok Sabha, a significant 232 opposed it. This indicates deep concern across party lines,” he wrote on X.
Asaduddin Owaisi, President of the All India Majlis-e-Ittehadul Muslimeen (AIMIM), has filed a petition in the Supreme Court, calling the bill unconstitutional and accusing the government of trying to take control of Muslim religious properties.
Key Provisions Sparking Controversy
Here are the key amendments proposed under the Waqf (Amendment) Bill, 2025:
1. Proof of Ownership
Under previous practice, Waqf status could be conferred based on community use or oral declarations. The new bill requires documentary evidence to prove a property is Waqf. This move could jeopardize thousands of existing Waqf properties, particularly those with historical or informal origins.
2. Dispute Resolution Authority
Previously, Waqf Tribunals had the final say in disputes. Now, government authorities will have the final word, especially in cases involving land claimed by the government. Critics say this could lead to conflict of interest and weaken judicial independence.
3. Inclusion of Non-Muslims
For the first time, the bill allows the inclusion of non-Muslims in both Waqf Boards and Tribunals. While the government says this encourages inclusivity and neutrality, many Muslim leaders see it as interference in religious matters.
4. Centralized Registration System
The bill mandates that all Waqf properties must be registered within six months of the law’s enactment. New property registrations will need to be routed through a centralized system, monitored by the government. Opposition leaders fear this could be used to delay or deny Waqf recognition to legitimate properties.
5. Government-Controlled Surveys
The government will have increased power to conduct surveys of Waqf properties. Critics argue this gives the state undue control over religious assets and opens the door to reclassification or repossession of Waqf lands.
Legal, Social, and Political Implications
The passing of the Waqf (Amendment) Bill is likely to trigger a wave of legal battles, social protests, and political realignment. With more than 200 million Muslims in India, the management and protection of Waqf properties is not just an administrative issue—it is deeply tied to identity, autonomy, and religious freedom.
While the government sees the bill as a tool for reform, critics see it as part of a broader strategy to centralize control and undermine minority institutions.
As the bill now moves to the President’s office for assent, the country awaits the outcome of judicial challenges and the potential impact on Muslim trust in public institutions.
