Author : Anushka Singh, Chhatrapati Shivaji Maharaj University
Introduction
The concept of waqf, rooted in Islamic jurisprudence, refers to the permanent dedication of movable or immovable property for a religious, pious, or charitable purpose as recognized by Muslim law. In India, waqf properties are administered under the Waqf Act, 1995. However, over the years, mismanagement, lack of accountability, and encroachments have plagued waqf institutions, prompting legislative interventions. The recent Waqf (Amendment) Bill seeks to address such challenges, but not without controversy.
The Waqf (Amendment) Bill marks a pivotal shift in the administration and governance of waqf properties across India. Introduced to rectify administrative challenges and ensure transparency, the bill has invoked discussions around religious autonomy, state control, and minority rights. This article analyzes the legal framework, objectives, and implications of the bill while critically assessing its potential impact on the waqf ecosystem.
This article takes us back to the historical context of waqf in India, examines key provisions of the 2025 amendment, analysing its impact on stakeholders, and explores the legal challenges it faces.
Historical Background
Origins of Waqf in India
The Waqf Act, 1995, consolidated earlier enactments, entrusting State Waqf Boards with the supervision of waqf properties. The Central Waqf Council (CWC) was established to advise on administration and policy coordination. Yet, successive reports by the Comptroller and Auditor General (CAG) and parliamentary committees have highlighted systemic inefficiencies, including illegal transfers, lack of digitization, and insufficient community participation.
The Amendment Bill builds on these observations, aiming to inject reforms that prioritize transparency, data integration, and streamlined adjudication.
Legislative Evolution
Mussalman Wakf Act, 1923: This was the first legislative attempt to regulate waqf properties in British India. It aimed to control the administration of waqf estates and provided for the appointment of mutawallis (managers).
Waqf Act, 1954 and 1995: Post-independence, the Waqf Act, 1954, the one which was more comprehensive Waqf Act, 1995, were enacted to establish Waqf Boards at the state and central levels.
Waqf (Amendment) Act, 2013: This amendment introduced stricter penalties for encroachment and increased the powers of the Waqf Boards.
Waqf (Amendment) Act, 2025: This latest amendment emerged as a response to increasing public scrutiny over waqf property management, demands for digitization, and inclusive representation.
Key Features of the Waqf (Amendment) Bill
Digitization and Central Database
The bill mandates the creation of a centralized digital repository of waqf properties, accessible to stakeholders. This measure is intended to reduce disputes and prevent fraudulent claims by maintaining an authenticated record.
Time-bound Adjudication
To address the long pendency of disputes, the bill introduces time limits for tribunals to decide waqf-related cases. It also proposes strengthening the waqf tribunals by laying down qualifications for members and enhancing their powers.
Prohibition on Alienation without Sanction
The amendment reinforces the prohibition on the sale, transfer, or mortgage of waqf property without prior approval from the Board and, in certain cases, the State
Impact on Stakeholders
Muslim Community
Autonomy vs Oversight: The inclusion of non-Muslim members and government officials in waqf boards is viewed as excessive state intervention in religious affairs, potentially infringing upon religious freedoms under Articles 25 and 26 of the Constitution.
Fear of Property Loss: The applicability of the Limitation Act raises legitimate fears about the loss of waqf properties to encroachers due to adverse possession.
Opportunity for Women: On a positive note, the mandatory inclusion of Muslim women is a progressive step towards gender inclusion in religious institutions.
Government and Administrative Bodies
Efficiency and Transparency: By introducing digitization and standardized management, the government aims to bring waqf administration in line with modern governance standards.
Political Backlash: The Act has sparked opposition from minority leaders and civil society organizations, with allegations of undermining minority rights.
Case laws
1. Board of Muslim Wakfs, Rajasthan v. Radha Kishan & Others
Citation: AIR 1979 SC 289
Facts:
The Board of Muslim Wakfs filed a suit to recover possession of a piece of land which they claimed was waqf property. The property was in the possession of Radha Kishan (a non-Muslim) who claimed ownership and denied any waqf status.
Issue:
Whether a suit to recover possession of waqf property could be filed without issuing prior notice under Section 80 of the Civil Procedure Code (CPC)?
Judgment:
The Supreme Court held that notice under Section 80 CPC was mandatory before filing the suit. The suit was dismissed on procedural grounds, but the Court clarified that waqf property rights must follow due process and cannot override procedural requirements. The case reinforced the idea that waqf boards are “statutory bodies” and must act within the confines of law.
2. Syed Ali v. Andhra Pradesh Waqf Board
Citation: (1998) 2 ALT 546
Facts:
The petitioner claimed ownership of land listed as waqf property in government records. He argued that the land was his private ancestral property and not endowed as waqf.
Issue:
Can private land be listed as waqf property without issuing notice to the alleged owner? And does the listing itself amount to a legal declaration?
Judgment:
The Andhra Pradesh High Court ruled that mere listing of land as waqf does not constitute conclusive proof of its waqf status. The individual’s right to notice and hearing must be respected under principles of natural justice. The Waqf Board was directed to remove the petitioner’s land from the waqf register until due verification.
3. Union of India v. State of Gujarat (Waqf Properties Case)
Citation: 2012 (7) SCC 106
Facts:
Disputes arose over railway land being declared as waqf property by the Gujarat Waqf Board. The Union Government challenged this, claiming the land was public property and essential for transportation.
Issue:
Can government-owned land be declared waqf without proper adjudication by a tribunal?
Judgment:
The Supreme Court held that no property—especially government land—can be declared waqf without adjudication by a Waqf Tribunal. The Court emphasized the importance of clear documentary evidence and legal adjudication. It protected state interests while upholding the rights of waqf institutions to seek due process.
Interim Relief
The Supreme Court issued an interim order directing that no waqf property — whether registered or unregistered — be denotified, altered, or interfered with until the matter is fully adjudicated.
Supporting Evidence and Statistics
As per Central Waqf Council 2023 data, there are over 8.4 lakh registered waqf properties in India, valued at approximately INR 2 lakh crore.
Reports by the Comptroller and Auditor General (CAG) have highlighted serious irregularities, including illegal transfers and encroachments, in waqf administration.
A 2017 Parliamentary Standing Committee report emphasized the urgent need for digitization and accountability in waqf management.
Conclusion
The Waqf (Amendment) Bill signifies a necessary step toward modernizing the administration of religious endowments, legislative intent must be matched with constitutional sensitivity and operational diligence. For waqf properties to serve their intended socio-religious function, the law must act as an enabler—balancing state oversight with community empowerment.
However, the amendment is not without its controversies. While it promises better governance, it also raises fundamental questions about religious autonomy, property rights, and the role of the state in managing minority affairs. The resolution of the ongoing legal challenges will play a critical role in shaping the future of waqf law in India.
Supporting Evidence and Statistics
As per Central Waqf Council 2023 data, there are over 8.4 lakh registered waqf properties in India, valued at approximately INR 2 lakh crore.
Reports by the Comptroller and Auditor General (CAG) have highlighted serious irregularities, including illegal transfers and encroachments, in waqf administration.
A 2017 Parliamentary Standing Committee report emphasized the urgent need for digitization and accountability in waqf management.
Conclusion
The Waqf (Amendment) Bill signifies a necessary step toward modernizing the administration of religious endowments, legislative intent must be matched with constitutional sensitivity and operational diligence. For waqf properties to serve their intended socio-religious function, the law must act as an enabler—balancing state oversight with community empowerment.. However, the amendment is not without its controversies. While it promises better governance, it also raises fundamental questions about religious autonomy, property rights, and the role of the state in managing minority affairs. The resolution of the ongoing legal challenges will play a critical role in shaping the future of waqf law in India.
FAQS
Q1: What is the primary objective of the Waqf (Amendment) Act, 2025?
A1: The Act aims to enhance transparency, accountability, and inclusivity in the administration of waqf properties.
Q2: How does the Act affect the composition of Waqf Boards?
A2: It mandates the inclusion of Muslim women, representatives from various Muslim sects, and non-Muslim members on the boards.
Q3: What are the concerns regarding the applicability of the Limitation Act?
A3: Critics argue that applying the Limitation Act could legitimize encroachments on waqf properties, making it difficult to reclaim them.
Q4: Can decisions of Waqf Tribunals be appealed?
A4: Yes, the Act allows for appeals against Waqf Tribunal decisions to the High Court within 90 days.
Q5: Who is eligible to create a waqf under the new amendment?
A5: Only individuals who have practiced Islam for at least five years are eligible to create a waqf.
Q6: What legal remedies are available to challenge the amendment?
A6: Affected individuals or groups may approach the Supreme Court under Article 32 or the High Courts under Article 226 of the Constitution, challenging the Act’s provisions as unconstitutional.
Q7: How does the Act impact ongoing waqf disputes?
A7: Pending waqf disputes will now be subject to the amended provisions, including new rules for appeal and property limitation.
Q8: Is the digitization of waqf properties mandatory?
A8: Yes, the amendment mandates that all waqf properties be registered and managed through a centralized digital portal.
