After an intense and prolonged debate lasting over 12 hours, the Lok Sabha passed the Waqf (Amendment) Act, 2025, along with the Mussalman Wakf (Repeal) Bill, 2024, at midnight. Minister of Parliamentary Affairs Kiren Rijiju introduced the Bills, which were approved with 288 votes in favor and 232 against.

Waqf refers to the permanent dedication of property for religious, charitable, or pious purposes under Muslim law. The Waqf (Amendment) Bill, 2024, was introduced in the Lok Sabha on August 8, 2024, to modernize waqf property management, reduce disputes, and ensure transparency. The Bill proposes nearly 40 amendments to the Waqf Act of 1995, last amended in 2013.

Following strong opposition, the Bill was sent to the Joint Parliamentary Committee (JPC) for review, which recommended modifications and accepted most amendments.

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Kiren Rijiju stated:

"The Government has accepted JPC's recommendations and clarified that the waqf by user provision is prospective in nature."

Home Minister Amit Shah reassured that the amendments would not interfere with religious affairs.

The Opposition argued that the Bill violates Article 25 of the Indian Constitution, which guarantees religious freedom. They claimed the Government was trying to create religious divisions and raised concerns about the JPC’s functioning.

Dr. Mohammad Jawed, JPC member, remarked:

"The Committee met 25 times, but there was no clause-by-clause discussion. Despite inviting 3,000 individuals, each got only 10 to 15 seconds to speak."

Concerns were also raised regarding the reduction in women’s representation in waqf councils. Gaurav Gogoi pointed out that while the 1995 Act required at least two women, the new Bill limits their representation to only two.

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Key Amendments and JPC Recommendations

1. Proof of Practicing Islam for 5 Years

• Proposed Bill: Required individuals to practice Islam for at least five years before declaring a waqf.
• JPC Recommendation: Amend to allow "any person demonstrating that they have been practicing Islam for five years."

2. Removal of 'Waqf by User' Provision

• Proposed Bill: Removed the 'waqf by user' provision.
• JPC Recommendation: Clarify that the change applies prospectively and does not affect existing waqf properties.
• Government’s Response: Rijiju confirmed that past waqf properties would remain unaffected.

3. Disputes Over Government Property Claims

• Proposed Bill: Government properties declared as waqf would not be recognized as such, with the Collector deciding ownership disputes.
• JPC Recommendation: The Committee opposed delegating this authority to the Collector and suggested assigning it to a higher-ranking designated officer instead.
• Government’s Response: The Government accepted this recommendation and modified the Bill accordingly.

4. Inclusion of Non-Muslim Members in Waqf Institutions

• Proposed Bill: Required inclusion of two non-Muslim members in the Central Waqf Council, Board of Auqaf, and State Waqf Boards.
• JPC Recommendation: Supported inclusivity but recommended that the two non-Muslim members should not be ex-officio members.

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5. Changes in Waqf Tribunal Structure

• Existing Law (1995): The Waqf Tribunal had the final say in property disputes.
• Proposed Amendment: Tribunal decisions could be appealed within two years.
• JPC Recommendation: Given that over 19,207 cases are pending, appeals should be allowed. However, the Tribunal should have three members instead of two, including one expert in Muslim law.
• Government’s Response: The Government accepted this recommendation and revised the Tribunal structure accordingly.

With the Bill now passed in the Lok Sabha, attention shifts to the Rajya Sabha, where further discussions and modifications may take place. The amendments will significantly impact waqf governance, property rights, and legal disputes in India. The coming months will determine how effectively these changes are implemented.