In a significant move, the Union Cabinet, under the leadership of Prime Minister Narendra Modi, has cleared the amended version of the Waqf (Amendment) Bill 2024, which incorporates key changes recommended by the Joint Parliamentary Committee (JPC). This bill is set to be introduced during the Budget Session of Parliament, which begins on March 10, 2025.

The Waqf Amendment Bill 2024 aims to reform the administration of Waqf properties in India, enhancing the management structure and addressing concerns raised by various stakeholders. The bill has sparked significant discussions, particularly among opposition members, who have voiced concerns over some of its provisions. The bill will now move forward for discussion and passage in Parliament's second half of the Budget session.

Key Amendments in the Waqf Amendment Bill 2024

The Waqf Amendment Bill introduces major changes to the Waqf Act, 1995, which governs the management of Muslim charitable properties in India. Some of the key provisions of the amended bill are as follows:

• Representation of Muslim Women and Non-Muslims: The bill calls for the representation of Muslim women and non-Muslims in the governance of both Central and State Waqf institutions, a significant step towards inclusivity.
• Empowering District Collectors: The bill empowers district collectors to settle disputes related to whether a property is classified as Waqf land or government property, providing a more localised mechanism for dispute resolution.
• Appointment of Non-Muslim Chief Executive Officer (CEO): For the first time, the bill allows for the appointment of a non-Muslim CEO to oversee the functioning of Waqf bodies, a controversial provision that has sparked debates over its impact on the autonomy of Waqf institutions.
• Repealing Certain Clauses in the Waqf Act: The bill proposes to repeal certain provisions of the existing Waqf Act, 1995, which critics argue will weaken the powers of Waqf Boards in administering properties.

Controversies and Opposition Concerns

The Waqf Amendment Bill has sparked controversy, particularly regarding the reduction of Waqf Boards' powers. Under the current Waqf Act, Waqf Boards are entitled to stake properties as Waqf land without the need for extensive verification. Critics of the bill argue that the proposed amendments are designed to restrict these powers, thereby undermining the role of Waqf Boards in property management.

Another significant issue that has come to light is the dissenting notes filed by opposition MPs during the JPC’s review of the bill. The opposition claimed that portions of their dissent notes were removed from the final report submitted to Parliament. While the government defended the action, stating that the JPC chairperson had the right to delete sections that were deemed to be disparaging, it later agreed to insert the dissent notes in their original form, under pressure from opposition parties.

Legislative Priorities and Government's Stance

The approval of the Waqf Amendment Bill was cleared along with the Indian Port Bill, both of which have been included in the government’s legislative priority list for the remainder of the Budget session.

The bill had been previously referred to the Joint Parliamentary Committee in August 2023, following concerns raised about its provisions. The committee, led by Jagdambika Pal, examined the bill and adopted 14 amendments before sending it for approval. Despite disagreements, the bill is now set to be tabled in Parliament for discussion.

Future Outlook and Implications

The Waqf Amendment Bill holds the potential to bring significant changes in the way Waqf properties are managed and administered in India. It addresses concerns about the administration of charitable properties while introducing provisions that expand inclusivity. The empowerment of district collectors and the appointment of non-Muslim CEOs are seen as pivotal steps in modernizing Waqf governance.

However, the bill has also sparked fears of a reduction in the powers of Waqf Boards, which could significantly alter the way Muslim charitable properties are managed. The dissenting opinions and the controversial handling of opposition notes suggest that the bill could continue to generate heated debates in Parliament.

As the bill prepares to be tabled in the Budget Session, all eyes will be on the Parliamentary discussions, where the final fate of this key piece of legislation will be determined. The Waqf Amendment Bill 2024 is not just about property management, but about ensuring the fair representation and autonomy of communities in the governance of charitable institutions.

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