Waqf Bill passed in Lok Sabha: A complete guide to controversy, amendments, and NDA vs INDIA showdown

The controversial Waqf (Amendment) Bill, 2025, was passed in the Lok Sabha early on April 3. The Bill amends the Waqf Act,1995, which governs the management of Waqf properties in India.

The ruling NDA members strongly defended the legislation as beneficial for minorities, while the opposition described it as "anti-Muslim" during the debate that lasted about 12 hours.

The legislation proposes sweeping changes empowering Prime Minister Narendra Modi-led Union government to ‘address’ issues and challenges in regulating and managing Waqf properties. 

The Bill was re-introduced in the Lok Sabha on Wednesday by Union Minority Affairs Minister Kiren Rijiju. He had first introduced the Bill in August last year, after which it was referred to a Joint Parliamentary Committee (JPC) for further scrutiny. On February 27, the JPC cleared 14 amendments moved by the members of the BJP or its allies in the National Democratic Alliance (NDA)

Why is the Bill controversial? What are those in favour and those against arguing? LiveMint explains:

Why amend the law?

The government says the 1995 law has some loopholes concerning regulating Waqf properties, title disputes, and the illegal occupation of Waqf land. 

Other major issues flagged by the government are limited diversity in the constitution of Waqf Boards, misuse of power by Mutawallis, lack of effective coordination with local revenue authorities, and sweeping power to Waqf Boards for claiming properties resulting in disputes and litigation, to name a few.

Rijiju said in the Lok Sabha on Wednesday, while tabling the bill, that it aimed to enhance the administration of Waqf properties, incorporate technology-driven management, address existing complexities, and promote transparency. 

“In case the government doesn't bring this bill, the Parliament building and airport were being claimed as waqf properties,” he said.

Govt Control?

Critics of the Bill are majorly concerned that it allows the government to regulate the management of Waqf properties and determine whether or not a property is a Waqf.

AIMIM chief Asaduddin Owaisi, one of the most vocal leaders against the Bill, has alleged that it is aimed at weakening the foundations of Waqf governance and undermining the rights of Muslims. The Hyderabad led the Muslim leaders' charge against the Bill and symbolically tore up a copy of the Bill, asserting that its motive was to make Muslims “second-class citizens”

Concerns over representation of Waqf Boards

Another criticism of the Bill is that it changes the representation of Waqf Boards. The Bill proposes allowing a non-Muslim Chief Executive Officer, and at least two non-Muslim members to be appointed by the state government to the Waqf Boards at the state level. Critics of the Bill argue that this could interfere with the community’s right to manage its own affairs, a constitutionally protected right.

Union Home Minister Amit Shah said non-Muslims won't interfere in any religious institution.

What is the Practising Muslim Issue?

Those who oppose the Bill flagged many provisions of the Bill, including allowing only those who have been practising Muslims for at least five years to allocate their property to Waqf.

Congress’s Imran Masood asked the government how it would define a “practising Muslim”. “What is your definition? All Muslims do not offer namaz five times, all Muslims do not observe roza. What will be the criteria?” he said.

What does “Waqf” mean?

'Waqf' means voluntary, permanent, irrevocable dedication of a portion of one's wealth in cash or kind in charity as recognised by Muslim Law. The concept of ‘Waqf’, which arrived with the advent of Islam, refers to the permanent dedication of movable or immovable property for the purposes enshrined in Islam as religious, or charitable.

‘Waqf’ means that the ownership of the property is now taken away from the person making ‘Waqf’ and transferred and detained by God. ‘Waqif’ is a person who creates a waqf for the beneficiary.

As Waqf properties are bestowed upon God, without a physically tangible entity, a ‘Mutawalli’ is appointed by the ‘Waqif’, or by a competent authority, to manage or administer a Waqf. Once designated as waqf, the ownership is transferred from the person making the waqf (waqif) to God, making it irrevocable.

What are the Waqf Properties?

In India, several properties fall under Waqf, which include mosques, Eidgahs, dargahs, khanqahs, imambaras, and qabristans (graveyards), among others.

Waqf properties are donated by followers of Islam and are managed by members of the community. Each state has a Waqf Board, which is a legal entity that can acquire, hold, and transfer property. Waqf properties cannot be sold or leased permanently.

What is the origin of the concept of ‘Waqf’?

In India, the history of Waqf can be traced back to the early days of the Delhi Sultanate when Sultan Muizuddin Sam Ghaor dedicated two villages in favour of the Jama Masjid of Multan and handed its administration to Shaikhul Islam. As the Delhi Sultanate and later Islamic dynasties flourished in India, the number of Waqf properties kept increasing in India.

The four British judges who heard the case described the Waqf as “a perpetuity of the worst and the most pernicious kind” and declared Waqf to be invalid. However, the decision by the four judges was not accepted in India, and the Mussalman Waqf Validating Act of 1913 saved the institution of Waqf in India. Since then, no attempt has been made to curb Waqfs.

How much land does the Waqf Board control?

Waqf boards currently control 8.7 lakh properties spanning 9.4 lakh acres across India with an estimated value of ₹1.2 lakh crores, according to the government data. India has the largest waqf holding in the world. Further, Waqf Board is the largest landowner in India after the Armed Forces and the Indian Railways.

How many movable, immovable properties?

There are 8,72,328 immovable and 16,713 movable properties registered under Waqf Board. There are also 3,56, 051 Waqf Estates registered under Waqf Board.

Is the government interfering?

Those who oppose the bill question why bring a new law that changes the way Waqfs are managed. AIMIM chief Asaduddin Owaisi, one of the most vocal leaders against the Bill, has alleged that it is aimed at weakening the foundations of Waqf governance and undermining the rights of Muslims. Owaisi has accused that the Bill is intended to snatch away graveyards, khanqahs, and dargahs from Muslims.

The major concern among the critics is the government's 'intention' to control the Waqf properties by regulating their management and the power it gets through the new bill to determine whether or not a property is a Waqf.

Non-Muslims on Waqf Boards

The Bill has also been criticised for changing the representation of Waqf Boards. It proposes to have a non-Muslim Chief Executive Officer and at least two non-Muslim members on the Waqf Boards in states. Critics say this would interfere with the Muslim community’s right to manage its own affairs, a right given by the Constitution of India.

The government says the move aims to bring expertise and promote transparency in the management of Waqf Boards.

What has changed after JPC ?

Section 40 of the Waqf Act empowers the Waqf Board to decide if a property is Waqf property. The Board's decision is final unless it is revoked or modified by the Waqf Tribunal. The Bill, in its earlier form, extended this power, which currently lies with the Waqf Tribunal, to the District Collector.

But after the JPC’s recommendations, the amended bill will propose that a government officer above the rank of collector will investigate government properties claimed as Waqf, preventing unwarranted claims.

The earlier bill has proposed to do away with the “Waqf by user” provision, a category where a property is acknowledged as Waqf because it has been used for religious activities for some time. Now, the new bill will apply this contentious provision only prospectively. This means Waqf properties that are already registered would remain under Waqf unless disputed or identified as government land.

What were key Legislative Changes in Waqf Management?

The Waqf Act, 1954 - The Waqf Act of 1954 passed provided a pathway toward the centralisation of Waqfs. Central Waqf Council of India, a statutory body was established in 1964 by the Union government under this Waqf Act of 1954. This central body oversees the work under various state Waqf boards which were established under provisions of Section 9(1) of the Waqf Act, 1954.

The Waqf Act, 1995 - The Waqf Act, 1995 was enacted to govern the administration of Waqf Properties (Religious Endowments) in India. It provided for the power and functions of the Waqf Council, the State Waqf Boards, and the Chief Executive Officer, and also the duties of mutawalli. This Act also describes the power and restrictions of a Waqf Tribunal that acts in lieu of a civil court under its jurisdiction. The decision of a Tribunal shall be final and binding on the parties.

Amendments in 2013 - Some provisions of the Act were amended in the year 2013 to make waqf management more efficient and transparent.

The Waqf Repeal Bill, 2022 -To achieve a ‘more equitable arrangement’ and treatment of bodies such as Waqf and other recognized religious entities established under similar intent, the Waqf Act, 1995 as amended was tabled in Rajya Sabha on December 8, 2023.