The Waqf (Amendment) Bill, 2024, is set to spark intense discussions in Parliament today, with the ruling BJP-led NDA expected to face stiff opposition from rival parties. While the government has the numbers to pass the Bill, allies like Nitish Kumar's JD(U) and Chandrababu Naidu's TDP are walking a tightrope, balancing political sensitivities with legislative reforms.

The Bill proposes significant changes to Waqf property management, including redefining the composition of Waqf boards, removing retrospective claims on properties, and shifting certain powers to district collectors. The debate is expected to last over eight hours, with concerns over legal implications and political ramifications dominating discussions.

Key Concerns: Retrospective Impact on Waqf Properties

A critical aspect of the Waqf Act, 1995, is the “Waqf by user” provision, which allows properties long used for religious or charitable purposes to be classified as Waqf, even without formal documentation. The amendment seeks to remove this provision, raising concerns that long-held Waqf properties may be subject to legal disputes or ownership claims.

The JD(U) strongly opposes retrospective implementation, arguing it could create significant legal complications, property disputes, and communal tensions in states like Bihar. Sources suggest that the Centre has assured allies that the Bill will not have retrospective application, but the final decision remains uncertain.

Major Proposed Changes in the Waqf (Amendment) Bill

The Waqf (Amendment) Bill, 2024, introduced in the Lok Sabha last year, seeks to reform the administration and governance of Waqf properties. Some of the key changes include:

✅ Restructuring Waqf Board Composition:

• Removes the requirement for MPs, former judges, and eminent persons on the Waqf Council to be Muslim, allowing at least two non-Muslim members.

• Mandates the inclusion of women in Waqf boards.

✅ Changes in Property Registration & Governance:

• Waqf boards must now register their properties with district collectors for accurate valuation.

• India has 30 Waqf boards managing 8.7 lakh properties across 9.4 lakh acres.

✅ New Powers for District Collectors & Legal Reforms:

• Section 40 of the Waqf Act previously allowed Waqf Boards to declare a property as Waqf, subject to Tribunal review. The Bill shifts this authority from Tribunals to district collectors.

• Government-owned properties identified or declared as Waqf, before or after the Act, will not be considered Waqf property.

• Any disputed property will be treated as government property until a final decision is made.

✅ Elimination of Indefinite Legal Claims:

• Section 107 of the 1995 law, which exempted Waqf properties from the Limitation Act, 1963, is removed, meaning Waqf Boards can no longer claim encroached properties indefinitely. Instead, a 12-year limitation period will now apply.

Political Reactions & Challenges

???? Government’s Stance
The BJP-led NDA government argues that the amendments will improve transparency and accountability in Waqf property management. The Bill is presented as a modernization effort aimed at making Waqf governance more efficient and aligned with contemporary land management laws.

???? JD(U) & TDP’s Balancing Act

• JD(U) and TDP, which have a significant minority voter base, are treading cautiously.

• TDP is pushing for changes to provisions allowing non-Muslims on Waqf Boards.

• JD(U) is against the retrospective impact, fearing legal chaos in Bihar and beyond.

???? Opposition’s Concerns

• Opposition parties, including the Congress, AIMIM, and Left, have raised strong objections, calling the Bill a deliberate attempt to weaken Waqf Boards.

• They argue that the shift in power to district collectors could be misused, affecting Waqf land security.

Impact of the Waqf (Amendment) Bill

???? Legal Uncertainty: The removal of “Waqf by user” could open thousands of properties to legal claims.

???? Political Sensitivity: The support of JD(U) and TDP is crucial for NDA’s minority outreach ahead of elections.

???? Reform vs. Controversy: While the government defends the Bill as a governance reform, critics claim it dilutes minority rights.

Final Thoughts

The Waqf (Amendment) Bill, 2024, is set to be a watershed moment in Waqf property governance. The debate will test political alliances, challenge historical legal precedents, and impact the future of Waqf land administration in India.

With a tight vote expected in the Rajya Sabha, all eyes will be on JD(U) and TDP, as their final stance could determine the outcome of this controversial Bill.

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