President Droupadi Murmu has given her approval to the Waqf (Amendment) Act, 2025. The Union Law Ministry issued the official notification on Saturday, April 5. This came after the Bill was passed by both Houses of Parliament – first by the Lok Sabha and later by the Rajya Sabha, which debated it for almost 12 hours.
In the Rajya Sabha, 128 members voted in favour of the Bill, while 95 opposed it. The Lok Sabha had already cleared the Bill earlier in the week.
Challenge in the Supreme Court
The new law has been challenged in the Supreme Court by AIMIM leader Asaduddin Owaisi and Congress MP Mohammed Javed. They claim the law goes against constitutional rights. But the central government has defended the Act, saying it does not interfere with any religious practices and is only meant to bring transparency and stop misuse of Waqf properties.
Home Minister Amit Shah said that the Waqf Board is for administration, not for religion. He accused some political leaders of spreading fear just to protect their vote bank. He also said the law protects the rights of poor Muslims, especially Pasmanda Muslims, and ensures representation of Muslim women in Waqf Boards.
Waqf refers to religious endowments in Islam. These are lands or properties donated for religious or charitable purposes. The Waqf Board is responsible for managing these properties.
The Waqf Board was set up in 1964. It operates under Article 30 of the Indian Constitution, which gives minorities the right to manage their own religious institutions and properties. State Waqf Boards look after local properties, while the Central Waqf Board manages them at the national level.
The Waqf Act was first passed in 1995 during the Congress-led government. It aimed to manage Waqf properties. But it had many flaws. The law didn’t clearly define property rights and gave too much power to the Waqf Boards. This allowed properties to be declared as Waqf without proper evidence or legal procedure.
According to the Sachar Committee report of 2006, there are over 4.9 lakh registered Waqf properties in India, spread over six lakh acres of land. This makes the Waqf Board the third-largest landowner in India, after the Indian Railways and the Defence Ministry.
Instead of fixing the flaws, the UPA government in 2013 made the Waqf Boards even more powerful. The Board could declare any land as Waqf without proper checks. In many states like West Bengal, Uttar Pradesh, Karnataka, and Tamil Nadu, entire villages were marked as Waqf land simply because someone once prayed there – a practice called “Waqf by user.”
Modi Government Brings Major Changes in 2024
The BJP-led NDA government introduced the Waqf (Amendment) Bill in 2024 to fix these loopholes. The new law has brought several important reforms:
End of “Waqf by User”: Now Waqf land can only be declared with a proper endowment deed, and the donor must be a practising Muslim for at least 5 years.
No More Waqf Claims on Government Land: The law now clearly states that government land cannot be claimed as Waqf property.
Waqf Board Can’t Declare Land as Waqf on Its Own: Now, proper legal process and land record verification are needed.
Land Surveys Will Be Based on Official Records: District Collectors will lead land surveys using government documents, not just Waqf Board claims.
Board Diversity: At least two non-Muslims and two Muslim women must be part of each Waqf Board.
High Court Appeal Allowed: Earlier, people couldn’t easily challenge Waqf Tribunal decisions. Now, they can file an appeal in the High Court within 90 days.
Central Government Oversight: Audits and rules will now be managed by the Centre for better monitoring.
Separate Boards for Bohra and Agakhani Communities: These communities will now have their own representation.
The Waqf Board has often been accused of taking over public and private land by claiming it was used for religious purposes. A recent viral video showed a mazaar (shrine) built on a flyover in Delhi. While a cleric claimed the shrine had been there for generations, reports showed the flyover was built only in 2010.
In 2009, a Joint Parliamentary Committee report led by K. Rehman Khan confirmed that the Waqf Board controls over four lakh properties. This has led to many concerns about how such vast land holdings were accumulated.
In 2009, the Supreme Court passed an order banning illegal religious structures on public land. The court said all state governments must remove such structures. In 2016, the Delhi High Court also criticised local authorities for not taking proper action against illegal constructions, which often delay development projects.
The Waqf (Amendment) Act, 2025, is a big step in reforming a law that was misused for decades. By closing loopholes, protecting government lands, and making the system more transparent and accountable, the Modi government has taken a strong step to stop the silent land takeover in the name of religion.
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