10 Key Changes That Historic New Waqf Amendment Bill Passed In Rajya Sabha Brings

New Delhi: The Waqf Amendment Bill, 2025 and Mussalman Wakf (Repeal) Bill 2024 were passed in Rajya Sabha by 128-95 vote after a marathon 12-hour-long discussions by members of the House, from both the ruling alliance and Opposition. The Waqf Amendment Bill, 2025 aims to amend the Waqf Act, 1995 to streamline the boards work and ensure efficient management of Waqf properties. The Bill seeks to overcome the shortcomings of the previous acts and enhance the efficiency of Waqf Boards. It proposes changes in renaming the Act, updating the definitions of Waqf, improving the registration process and increasing the role of technology in managing Waqf records. 

The Waqf Amendment Bill was first introduced in Lok Sabha in August last year (in 2024) but was sent to the Joint Parliamentary Committee (JPC) for detailed discussions with all the stakeholders. After multiple sittings and marathon discussions, the JPC incorporated 14 amendments suggested by the NDA while it rejected 44 sought by the opposition and approved the amendment bill by 15-11 vote in January. After JPC's approval, the bill was presented in Lok Sabha on April 2, 2025.

During the voting on the bill, the Amendments number 12, 13 & 14, 15, 15A, 16, 17, 18, 111, 112, 132 moved by the members of the House were accepted while Amendments including 9, 10, 19, 21, 29, 30, 31, 32, 47, 56, 57, 66-68, 80, 88, 89, 106-107, 99-103, 124-125, 127 were defeated during the voting. 

Waqf Amendment Bill, 2025 vs Waqf Act, 1995: 10 key changes 

Renaming of the Waqf Act, 1995 

The Waqf Amendment Bill, 1995, proposes to rename the act from The Waqf Act 1995, to Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.

Formation of Waqf

The present law allows to declare a property as Waqf property by declaration, recognition based on long-term use or endowment when the line of the succession ends.

However, the Amended Bill states that only a person practising Islam for at least 5 years may declare a Waqf. The bill further clarifies that the person must own the property being that is being declared.

The Amendment Bill removes Waqf by ‘user’ and puts a provision that properties could be deemed as Waqf based solely on prolonged use for religious purposes.

Government property as Waqf

In the present Act, there is no clear direction as to how a government property will be declared as a Waqf property.

However, the Waqf Amendment Bill 2025 states that any government property identified as Waqf will cease to be so. Moreover, the District Magistrate or the Collector of the area will determine the ownership in case of uncertainty and submit a report to the state government.

If it’s found that the property is owned by the government, the Collector will update the revenue records.

Power to determine if a property is Waqf

The Waqf Act 1995 empower the Border Patrol to inquire and determine if a property is Waqf, however, the Amendment Bill 2024 removes this provision.

Survey of Waqf

The Waqf Act, 1995 has the provision for appointment of a survey commissioner and additional commissioners to survey the Waqf.

However, the Waqf Amendment Bill, 2025 instead empowers the Collector or DM to do the survey. Any pending survey will be conducted as per the state revenue laws.

Power of Central Government

In the present Act, the State governments are entitled to get the accounts of Waqf audited at any point, however, the Amended Bill, 2024 gives power to the Centre to get these audited by the CAG or a designated officer.

The Waqf Amendment Bill, 2025 also empower the Central government to make rules regarding: 

1. Registration 
2. Publication of accounts of Waqf 
3. Publication of proceedings of Waqf Board  

Waqf Boards

The Waqf Act, 1995 allows the election of upto two members each from electoral colleges of Muslim including MP, MLAs and MLCs and Bar Council Members from the state of the Board.

Whereas, the Waqf Amendment Bill 2025 puts powers in the hand of the State government to nominate one person from each of the electoral colleges to the board and they need not be Muslims.

The Waqf Amendment Bill 2025 further adds: 

1. The Waqf Board must have two non-Muslim members.
2. At least one member each from Shias, Sunnnis and Backward classes of Muslim.
3. It should also have one member each from Bohra and Agakhani communities if they have Waqf in the state. 

The Act says that at least two members of the Board must be women whereas the Amendment Bill states that two Muslim members must be women.

Composition of Tribunals

The present Waqf Act, 1995 requires states to constitute Tribunals to address disputes over Waqf. Their chairman of these Tribunals must be a judge of the rank of equivalent to a Class-1, District, Sessions or Civil Judge.

Whereas, the Waqf Amendment Bill, 2025 allows a current or former District Court judge as its chairman and current or former officer of the rank joint secretary to the state government, to address Waqf disputes.

Waqf Board for Bohra and Agakhani

The Waqf Act 1995 allows establishing separate Waqf Board for Sunni and Shia sects if Shia Waqf constitute more than 15 per cent of all Waqf properties of Waqf income in the state.

Whereas, the Waqf Amendment Bill 2025 empower separate Waqf Boards for Aghakhani and Bohra Sects.

What is a Waqf?

Under the Islamic law, Waqf refers to the properties that have been exclusively dedicated for religious or charitable purposes. Any other use of the property or sale is prohibited.

Waqf means that the property which has been Waqf, the owner then cannot claim any right on it thereafter and is understood to be transferred and detained by Allah. 

Amit Shah clears misconceptions on non-Mulsims being part of Waqf Board  

Earlier during the discussions on Waqf Amendment Bill, 2025 in Lok Sabha, Union Home Minister Amit Shah addressed the concerns of those who raised a point that the Amendment Bill 2025 allows the interference of non-Muslims in the Waqf Board.

The Home Minister made it clear that there is no such provision to include any non-Muslim among those who manage the religious institutions.

“...Waqf Act and Board came into effect in 1995. All the arguments about the inclusion of non-Muslims inclusion are about interference in the Waqf. First of all, no non-Muslim would come into the Waqf. Understand this clearly... There is no such provision to include any non-Muslim among those who manage the religious institutions, we do not want to do this... This is a huge misconception that this Act will interfere with the religious conduct of Muslims and interfere with the property donated by them. This misconception is being spread to instil fear among minorities for their vote bank.”

In another statement, the Union Home Minister said, “You (Opposition) would break this country... Through this House, I would like to tell Muslims of the country that not even one non-Muslim would come into your Waqf. This Act has no such provision. But what would the Waqf Board and Waqf Council do? To catch the people selling off Waqf properties and drive them out, to catch those who lease off their properties for 100 years in the name of Waqf. The income of Waqf is dropping, the income with which we have to do development for minority and push them forward, that money is being stolen. Waqf Board and Council will catch that.”

Rahul Gandhi says Waqf Amendment Bill aimed at marginalising Muslims 

Leader of Opposition (LoP) in Lok Sabha, Rahul Gandhi, who was not present in the House during the discussions on the bill, alleged that the Amendment Bill is a weapon aimed at marginalising Muslims and usurping their personal laws and property rights.

In a statement, Rahul Gandhi said that this is an attack on the Constitution by the RSS, BJP and their allies aimed at Muslims today but sets a precedent to target other communities in the future.

The Congress party strongly opposes this legislation as it attacks the very idea of India and violates Article 25, the Right to Freedom of Religion, Rahul Gandhi added.