Battle lines drawn: Oppn unites to oppose Waqf Bill in Parl today
New Delhi: The Waqf Amendment Bill that has sparked heated political debate is all set to be tabled in Parliament on Wednesday amid indications that Opposition parties will unitedly resist it tooth and nail.
After a meeting of Opposition parties, including the Congress, Shiv Sena (UBT) and CPI(M), Congress chief Mallikarjun Kharge said on Tuesday that the government agenda behind the Bill was “divisive” and all Opposition parties will work together on the floor of Parliament to vote against it.
Opposition leaders said there will not be any disruption or walk out but the parties will point out the flaws and demerits of the Bill. In preparation for the debate, floor leaders of the INDIA bloc, in their meeting on Tuesday evening, fine tuned the strategy on addressing the contentious provisions of the Bill.
“Along with the INDIA alliance, we are requesting the like-minded parties also, because this is clear-cut violation of the constitution,” said senior Congress leader KC Venugopal.
The AIADMK has already said that it would vote against the Bill. Naveen Patnaik’s Biju Janata Dal and K Chandrasekhar Rao’s Bharat Rashtra Samithi are yet to make their stance known.
The controversial Bill - which seeks to improve the management and administration of Waqf properties in India - will be taken up for discussion and passage in the Lok Sabha on Wednesday. About eight hours have been allotted for the debate, Union minister Kiren Rijiju has said, though the Opposition has asked for 10 hours. The Bill will then be moved to the Rajya Sabha for consideration and passage on Thursday.
The Congress has already issued a three-line whip on Tuesday for three consecutive days in the Lok Sabha, with similar moves expected from other Opposition parties. On the other hand, the Bharatiya Janata Party (BJP) has issued a whip to all its Rajya Sabha members, directing them to be present in Parliament on Thursday.
Earlier in the day, the Business Advisory Committee (BAC) of the Lok Sabha, chaired by Speaker Om Birla, met to outline the week’s agenda. The panel, comprising members from both the government and the Opposition, has allocated eight hours for discussing the Waqf (Amendment) Bill, 2024, in the Lower House on Wednesday. Similarly, the Upper House will dedicate eight hours to the Bill on Thursday, with an additional three hours reserved for the Manipur issue.
The primary controversy surrounding the Waqf (Amendment) Bill, 2024, stems from five proposed changes that have drawn sharp criticism from several Muslim organizations, including the All India Muslim Personal Law Board (AIMPLB). One of the most contentious provisions seeks to change the composition of the Central Waqf Council and state waqf boards by mandating the inclusion of non-Muslims as members. This proposal has faced resistance from various quarters, with critics arguing that it dilutes the fundamental religious nature of Waqf management.
Another controversial proposal aims to grant a senior state government official the final authority in disputes regarding whether a property is waqf or government owned. Previously, the district collector was designated as the final authority in the earlier version of the Bill introduced in 2024. Presently, such disputes are adjudicated by the Waqf Tribunal. Critics, including Opposition leaders and Muslim organizations, argue that empowering a government official could result in biased decisions favoring the government.
The Bill also proposes changes to the Waqf Tribunal, removing the requirement of a Muslim law expert and including a district judge and a state government official of joint secretary rank. Additionally, the Bill stipulates that decisions of the tribunal can be challenged in the High Court. Another controversial move mandates the registration of every waqf property on a central portal within six months after the law comes into effect, although extensions may be granted by the Waqf Tribunal in specific cases.
One of the most debated aspects of the Bill is the removal of the “waqf by user” clause. Currently, properties that have been used for religious or charitable purposes over an extended period can be declared waqf even without formal documentation. The new Bill eliminates this provision, leading to apprehensions among various stakeholders. Following recommendations from its ally, the Telugu Desam Party (TDP), the government has clarified that this removal will not be applied retrospectively.
The government has defended the Waqf (Amendment) Bill, 2024, stating that it seeks to enhance governance, transparency, and inclusivity in the management of waqf properties by amending the Waqf Act, 1995. Officials argue that the Bill addresses administrative, legal, and social issues while introducing technological and structural changes to increase efficiency.
According to the proposed amendments, the Waqf Act, 1995, will be renamed the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995. The formation of waqf will be allowed only through declaration or endowment, effectively removing the concept of “waqf by user.” The Bill also stipulates that government properties identified as waqf will cease to be considered as such.
In terms of management, the responsibility for conducting waqf surveys will be transferred from Survey Commissioners to Collectors. The composition of the Waqf Boards will also be altered to include non-Muslim members, reflecting a broader governance model.
Additionally, the Bill aims to strengthen the financial management of waqf institutions by reducing the mandatory annual contribution from 7 per cent to 5 per cent. To address potential misuse, the Bill removes Section 40, which previously allowed Waqf Boards to arbitrarily declare properties as waqf.
The proposed reforms also emphasise the separation of trusts from waqf, thereby giving full control over trusts to their creators. A centralised digital portal will be established to manage waqf properties, ensuring transparency and accountability. Women’s inheritance rights are also given special consideration, ensuring that they receive their rightful share before any property dedication to waqf.
Furthermore, the Bill mandates that waqf institutions with annual earnings exceeding Rs 1 lakh must undergo audits to ensure financial discipline. The inclusion of non-Muslim members in both the Central and State Waqf Boards is being promoted as a measure to enhance secular participation in waqf governance.
Since Waqf plays a crucial role in serving religious, charitable, and social welfare needs, especially for the underprivileged, its impact, however, has often been reduced due to mismanagement, encroachment, and lack of transparency. Government sources argue that auditing and accounting measures will prevent financial mismanagement and ensure funds are used only for welfare purposes.
While the government maintains that the Bill will promote transparency and prevent the arbitrary designation of properties as waqf, its critics remain sceptical. They argue that the amendments could undermine traditional waqf practices and limit the autonomy of Muslim religious institutions.
The Waqf (Amendment) Bill, 2024, along with the Mussalman Wakf (Repeal) Bill, 2024, were introduced in the Lok Sabha on August 8 last year with an aim to streamline the Waqf Board’s work and ensure the efficient management of Waqf properties. However, amid angry protests by the Opposition and various Muslim outfits, the Bill was sent to a Joint Parliamentary Committee (JPC).
After lengthy deliberations that stretched to several weeks, the JPC cleared 14 amendments to the Bill. The 44 amendments proposed by Opposition MPs were junked by the Jagdambika Pal-led panel.
The Bill was eventually approved by the Union Cabinet in February. The BJP-led NDA government appears confident of sailing through due to its majority, while the Congress-led Opposition has vowed to mount a stiff resistance. The NDA presently has 293 members, with the BJP having 240 in the 543-member Lok Sabha.
AIMIM MP Asaduddin Owaisi, who has been spearheading the Opposition’s voice on the Waqf Bill, claimed that the proposed legislation was aimed at curbing the religious freedom of Muslims.
As the Waqf (Amendment) Bill, 2024, moves through Parliament, it is set to face rigorous scrutiny from both the ruling coalition and the Opposition, with each side preparing to present its stance on the highly polarising legislative proposal.
