What Will Waqf Amendment Bill Change If Passed In Parliament

The Bill changes the composition of the Central Waqf Council and Waqf Boards to include non-Muslim members.

Many critics believe that the new bill may not address the community’s concerns.

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The Centre tabled the Waqf Amendment Bill in Lok Sabha for passage as a marathon 8-hour session began with Union Minister Kiren Rijiju's speech around noon today. The House is set to witness a huge protest as the INDIA bloc has been opposing the changes in the bill and has called it "unconstitutional". 

The Bill changes the composition of the Central Waqf Council and Waqf Boards to include non-Muslim members. The government has said the bill aims to overcome the shortcomings of the previous act and enhance the efficiency of Waqf boards by introducing changes such as renaming the Act, updating the definitions of waqf, improving the registration process, and increasing the role of technology in managing waqf records.

Many critics believe that the new bill may not address the community’s concerns but could instead considerably take away the role of Muslims in controlling waqf properties.

Highlights Of The Waqf Amendment Bill

Formation Of Waqf: The Bill states that only a person practicing Islam for at least five years may declare a waqf. It clarifies that the person must own the property being declared, and it removes waqf by user. The Bill also specifies that waqf-alal-aulad must not disinherit heirs, including female heirs. 

Survey Of Waqf: A Survey Commissioner is appointed to conduct a preliminary survey of waqf properties under the act. The Bill replaces the Survey Commissioner with the District Collector.

Government Property As Waqf: The Bill states that any government property identified as waqf will cease to be so. The Collector of the area will determine ownership in case of uncertainty and submit a report to the state government.

Composition Of The Central Waqf Council: The Act requires that all Council members, barring the Minister, must be Muslims, and at least two must be women. The Bill removes the requirement for the MPs, former judges, and eminent persons appointed to the Council to be Muslim. It further mandates that two members must be non-Muslims.  

Composition Of Waqf Boards: The Act provides for the election of up to two members each from electoral colleges of a state’s Muslim: (i) MPs, (ii) MLAs and MLCs, and (iii) Bar Council members, to the Board. The Bill amends this to empower the state government to nominate one person from each of the above groups to the Board. They need not be Muslims.  

The Bill adds that the Board must have two non-Muslim members, and at least one member each from Shias, Sunnis, and Backward classes of Muslims. 

Appeals Against Orders Of Tribunals:  Under the Act, decisions of the Tribunal are final and appeals against its decisions in Courts are prohibited.  The High Court can consider matters on its own accord, on an application by the Board, or an aggrieved party.  The Bill omits provisions deeming finality to the Tribunal's decisions. A Tribunal’s orders may be appealed in the High Court within 90 days.