Cabinet Approves Waqf Bill: Likely to be Introduced in Second Phase of Budget Session, Opposition Protests

The Union Cabinet has approved the Waqf Amendment Bill, according to media reports. The approval was granted in a meeting held on February 19. The government is likely to introduce the bill in the second phase of the budget session, scheduled from March 10 to April 4.

The new draft of the Waqf Bill has been prepared based on the report of the Joint Parliamentary Committee (JPC). Earlier, on February 13, during the first phase of the budget session, the JPC report on the Waqf Bill was presented in Parliament, which was strongly opposed by the opposition, leading to disruptions in the House.

On January 27, the JPC, which was reviewing the Waqf (Amendment) Bill, approved the draft report. During the JPC meeting, discussions were held on 44 proposed amendments. Under the leadership of BJP and NDA MPs, 14 amendments were accepted, while all proposals from opposition members were rejected.

The Waqf Bill was initially introduced in the Lok Sabha by Minority Affairs Minister Kiren Rijiju in August 2024. It was later referred to the JPC, which submitted a detailed 655-page report on the matter.

Opposition Raises Concerns Over the Bill

The opposition has raised strong objections to the JPC report on the Waqf Bill. Leader of Opposition in Rajya Sabha, Mallikarjun Kharge, dismissed the report, calling it a “fake report” and stating that it would not be accepted in the House.

According to sources, the February 19 cabinet meeting approved most of the proposed amendments, clearing the way for the bill’s introduction in the second phase of the budget session. While the JPC report recommended several changes to the bill, opposition members expressed their disagreement.

Key Amendments in the Waqf Bill

The bill includes 14 major amendments, such as:

1. Inclusion of non-Muslim members
2. Increased representation of women
3. Improved verification processes
4. Defined role of district magistrates
5. Reduction in the powers of Waqf Boards
6. Digitization of Waqf properties
7. Strengthened audit system
8. Prevention of illegal encroachments
9. Appointment process for Waqf Board members
10. Expansion of Waqf Tribunal powers
11. Action against unauthorized transfers of Waqf properties
12. Appointment of a Chief Executive Officer
13. Computerization of Waqf property records
14. Structural changes to Waqf Boards

Key Changes in Waqf Law

The proposed amendments aim to reform the existing Waqf law. Previously, disputes over property claims could only be appealed in the Waqf Tribunal. The new bill allows appeals to be made in court as well. The tribunal’s decisions, which were earlier considered final, can now be challenged in the High Court. Additionally, under the old law, any land with a mosque was automatically considered Waqf property. The new bill clarifies that Waqf cannot claim ownership unless the land was donated. Furthermore, for the first time, two non-Muslim members will be included in Waqf Board appointments.

What is the Waqf Board?

The Waqf Board is an institution established under Islamic law to manage properties donated for religious purposes. It was created by an Act of Parliament in 1954, and individual state Waqf Boards were formed in 1955. The Central Waqf Council was later established in 1964. The first amendments to the Waqf Act were made in 1995. Currently, there are about 32 Waqf Boards across various states in India.

Legal Rights of the Waqf Board

• The board can acquire or transfer property.
• It can issue legal notices against individuals or entities.
• It is responsible for the registration and maintenance of both movable and immovable properties.

Controversies Surrounding Waqf Boards

• Criticism for being exclusive to one religious community.
• Allegations of permanent claims over properties.
• Lack of provision to challenge tribunal decisions.
• Accusations of misuse of authority.
• Unsatisfactory land surveys.

Notable Facts About Waqf Properties

• Waqf owns the third-largest landholding in India.
• Uttar Pradesh has the highest number of Waqf properties.
• There are allegations of illegal encroachments on 994 properties nationwide.
• Only 14 Waqf Tribunals exist in the country.
• The Central Waqf Council oversees Waqf Boards.

States with the Highest Waqf Properties

• Uttar Pradesh: 2.32 lakh properties
• West Bengal: 80,000 properties
• Punjab: 76,000 properties
• Tamil Nadu: 66,000 properties
• Karnataka: 62,000 properties

With the Cabinet’s approval, the Waqf Amendment Bill is set to be introduced in Parliament in the coming weeks. However, given the opposition’s strong resistance, its passage could lead to intense debates in the House.