India’s Waqf Bill 2024: Major Changes to Muslim Property Law Face Opposition

The controversial Waqf Amendment Bill is set to create a heated debate in the upcoming Budget session of Parliament. This follows the submission of dissent notes by 11 opposition members of a Parliamentary Committee when the panel adopted the revised Bill on December 29. The committee accepted 14 amendments from the ruling National Democratic Alliance (NDA) members while rejecting 44 amendments proposed by the Opposition.

The Joint Parliamentary Committee (JPC), chaired by BJP MP Jagdambika Pal, adopted a 655-page report. One of the dissent notes, submitted by All India Majlis-e-Ittehadul Muslimeen leader Asaduddin Owaisi, itself spanned 231 pages.

The controversy over the Waqf Bill has been brewing for a while, mainly after the Uttar Pradesh government informed the JPC during its field visit to Lucknow that 78 per cent of the land claimed by the Waqf Board in the State belongs to the government. Following the JPC’s approval of the Bill with the NDA’s 14 amendments, Uttar Pradesh Chief Minister Yogi Adityanath asserted that while the Waqf Board claims ownership of 1.27 lakh properties in the State, only 7,000 have been found valid upon investigation. His statement that public property belongs to the Revenue Department indicates that the government may proceed with stripping the Waqf Board of claims over other properties. Similarly, the Madhya Pradesh government has ordered a verification of Waqf Board properties, directing district magistrates to complete the process within five days.

The All India Muslim Personal Law Board (AIMPLB) has strongly criticised the JPC, accusing it of exceeding its mandate and violating democratic norms. “We sent more than 36 million emails opposing the proposed amendments, but the committee disregarded them. The JPC has suppressed the constitutional rights of Muslims,” said AIMPLB spokesperson S.Q.R. Ilyas.

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The Waqf (Amendment) Bill, 2024, introduced in the Lok Sabha on August 28, seeks to amend the Waqf Act, 1995. It proposes changes to the composition of the Waqf Council and Boards, the criteria for establishing waqf properties, and the Board’s authority in identifying waqf property.

The 31-member JPC reviewing the bill consists of 21 Lok Sabha MPs and 10 Rajya Sabha MPs. Once the revised Bill is passed, the Waqf Act will be renamed the Unified Waqf Management, Empowerment, Efficiency, and Development Act.

Proposals by Opposition rejected

According to PRS Legislative Research, the 1951 Act mandates that all members of the Central Waqf Council (except the Minister) must be Muslim, with at least two being women. However, the 2024 Waqf Amendment Bill removes the requirement for MPs, former judges, and eminent persons appointed to the Council to be Muslim and mandates that two members must be non-Muslims.

One of the JPC’s amendments replaces the provision designating a District Collector as the authority to determine waqf properties. Instead, a senior State government officer above the rank of District Collector will now make this determination.

Opposition members had proposed amendments to all 44 clauses of the Bill, primarily to resist any changes to the 1995 Waqf Act. They were particularly opposed to Clause 9, which allows the inclusion of two non-Muslim members in the Central Waqf Council, and another clause that removes the concept of “Waqf by User”, which designates properties used for religious purposes over a long period as waqf properties.

The revised Amendment Bill and the 655-page JPC report will be submitted to Lok Sabha Speaker Om Birla and later tabled in the House for discussion and passage.

Following the JPC’s decision, BJP MP Aparajita Sarangi posted on X: “The Waqf (Amendment) Bill 2024 in its revised form was finally adopted by the Joint Parliamentary Committee. Till today, we had 38 meetings spanning approximately 112 hours. We consulted 286 organizations, listened to all viewpoints, and conducted a mammoth exercise. Very satisfying, indeed!”

However, since none of the Opposition’s proposed amendments were endorsed by the JPC, a direct confrontation between the ruling alliance and the Opposition seems inevitable.

After the report’s adoption, JPC Chairman Pal claimed that all amendments proposed by Opposition members were discussed clause by clause but were ultimately defeated by majority vote. BJP MP Tejasvi Surya said, “This bill will bring much-needed transparency and accountability to the management of the Waqf Board. It will introduce professionalism and curb the misuse of certain provisions.”

JPC Chairman attracts ire

Opposition members were unconvinced. The fact that, despite 38 meetings, the NDA and the Opposition could not reach a consensus on even a single amendment highlights the sharp political divide on the issue. The report was adopted with a 16-11 majority, as expected, given the NDA’s numerical advantage in the panel.

Opposition members from the Congress, the Trinamool Congress, the AAP, and the Dravida Munnetra Kazhagam (DMK) criticised the JPC Chairman’s handling of the proceedings, calling it “arbitrary”. Trinamool Congress MP Kalyan Banerjee labelled the committee’s recommendations “entirely perverse”, alleging that witness statements and deliberations were disregarded.

The Bill’s provision mandating at least two non-Muslim members on the State Waqf Boards and Central Waqf Council has been particularly contentious. Owaisi contrasted this requirement with laws such as the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, and the Sikh Gurdwaras Act, 1925, which limit membership in religious governing bodies to members of the respective religious communities. “These amendments are not in the interest of waqf. They will destroy the Waqf Board,” he said.

Congress MP Mohammad Jawed called the proceedings “arbitrary”, stating that the final draft merely reflects the BJP’s stance. Congress MP Naseer Hussain argued that the amendments violate minority rights, saying: “These changes are designed to crush the minorities.”

The panel’s meetings were stormy from the start. On January 24, 10 Opposition members were suspended for a day following heated arguments over schedule changes. The Opposition members later wrote to Lok Sabha Speaker Om Birla, claiming they were only informed of the schedule change upon arriving in Delhi.

Due process bypassed: Opposition

Defending the suspensions, JPC Chairman Pal stated that the Trinamool’s Kalyan Banerjee used “unparliamentary language” against him. DMK MP A. Raja accused Pal of steamrolling the proceedings, sarcastically calling him the “mover, counter, and announcer—all in one”. Raja also announced that his party would challenge the Bill in the Supreme Court, calling it “unconstitutional”.

A joint statement by 10 Opposition members on January 27 accused the JPC Chairman of bypassing due process: “Ignoring our claims, the Chairman moved our amendments on our behalf, conducted headcounts as per his discretion, and summarily rejected them.”

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Congress MP Manickam Tagore expressed his frustration on X, accusing the Telugu Desam Party (TDP) of betraying its earlier stance by siding with the BJP. He wrote, “Shocking betrayal by TDP! After months of ambiguity, they have sided with the RSS & BJP on the controversial Waqf Bill amendments. This is a complete sellout. The people of Andhra Pradesh will not forget this backstabbing by Babu.”

Tagore’s frustration stems from the fact that, in its first JPC meeting in August 2024, the TDP had taken a neutral stance on the bill, along with NDA allies Janata Dal (United) and Lok Janshakti Party (Ram Vilas), expressing the need to address concerns raised by Muslim organisations. However, as the Budget session begins on January 31, the NDA appears united on the Waqf Bill, with its allies now closing ranks.