The Rajya Sabha on Friday passed the Waqf (Amendment) Bill, 2025, by a vote of 128-95, following an intense 12-hour debate. The legislation, which seeks to further amend the Waqf Act of 1995 to enhance transparency and streamline the management of Waqf properties, has sparked significant controversy. Additionally, the Upper House also passed the Mussalman Wakf (Repealing) Bill, 2025.
Leader of Opposition Mallikarjun Kharge strongly criticized the ruling Bharatiya Janata Party (BJP), alleging that the amendments were an attempt to erode the rights of the minority community. In response, Union Minister JP Nadda defended the government’s move, citing similar reforms in Muslim-majority countries like Iraq to justify the need for changes in India’s Waqf laws.
A key point of contention in the Waqf (Amendment) Bill is a provision that allows non-Muslims to be appointed as Chief Executive Officers (CEOs) of Waqf boards. The bill further mandates that state governments appoint at least two non-Muslim members to their respective Waqf boards, a move that has been met with strong opposition from Muslim leaders and organizations.
Debates and Criticisms
Another highly debated provision grants District Collectors the authority to determine whether a disputed property belongs to the Waqf or the government. The bill also abolishes the long-standing principle of “Waqf by user,” which allowed lands used for religious purposes over time to be deemed Waqf property. Additionally, it mandates that all Waqf properties be registered in a central database within six months of the law coming into effect and removes the provision that made the decisions of Waqf tribunals final.
Union Minister Kiren Rijiju defended the legislation, asserting that the Waqf Board is a statutory body and should not be exclusive to Muslims. “Why should only Muslims be included in a statutory body? If there is a dispute between Hindus and Muslims, how will that dispute be resolved?” he questioned, emphasizing the necessity for broader representation in the management of Waqf properties.
The passage of the bill has drawn mixed reactions from various quarters. While BJP leaders hail it as a step towards greater transparency and inclusivity, opposition parties and Muslim organizations view it as an encroachment on religious rights. With the bill now set to become law, legal and political challenges are expected in the coming months as affected groups gear up to oppose the amendments through constitutional means.
