Context

• The Union government has introduced a Bill in the Lok Sabha to amend the 1995 Waqf Act (1995 Act). 
• The proposed amendments seek to significantly reform the law by enhancing the Centre’s regulatory authority over waqf properties and, for the first time, permitting the inclusion of non-Muslim members in Waqf Boards. 
• However, several Opposition parties have accused the Centre of floating the Bill without adequate consultation with stakeholders, claiming it encroaches upon the Muslim community’s religious rights. 

‘Waqf’ law in India 

• In Islamic law, waqf refers to property dedicated in the name of God for religious and charitable purposes. This can include any movable or immovable property set aside for the public good, embodying an act of piety that allows Muslims to extend their charitable deeds beyond their lifetime. 
• A waqf can be established through a formal deed or instrument, or a property can be deemed waqf if it has been used for religious or charitable purposes over an extended period. 
• The proceeds from such properties are typically used to maintain mosques, fund schools or provide for the poor. 
• However, once designated as waqf, the property cannot be transferred through inheritance, sold, or given away. 
• A non-Muslim is also allowed to create a waqf as long as the objective of creating it alligns with Islamic principles. 
• In India, waqfs are regulated by the 1995 Act. 

The role of the Waqf Board

• The 1995 Act establishes Waqf Boards in each State to oversee the administration of waqf properties within their jurisdiction. 
• In addition to the State Waqf Boards, the legislation also establishes the Central Waqf Council — a national advisory body under the Ministry of Minority Affairs. 
• The Council ensures the uniform administration of waqf properties across the country and is headed by the Union Minister of Minority Affairs. 

Key changes in the proposed law 

• Under the Bill, only lawful property owners who have practised Islam for at least five years are authorised to create ‘waqf’ properties through the execution of formal deeds. 
  • This revision abolishes the ‘waqf by use’ concept — which permits a property to be considered waqf based on usage, even if the original deed was disputed. 
  • Traditionally, waqf properties were often dedicated orally until formal documentation became standard practice. 
• The responsibility of surveying waqf properties, previously managed by survey commissioners under the 1995 Act, will now be assigned to district collectors or officers of equivalent rank. 
• To improve the accuracy of waqf property records, the Bill proposes a centralised registration system. All information about waqf properties must be uploaded to this portal within six months of the new law’s enactment. 
• Notably, the Bill omits section 40, which previously granted waqf tribunals the authority to determine whether a property qualifies as waqf. Instead, it designates the district collector as the final arbiter in such matters.

Inclusion of ‘non-Muslims’ 

• One of the most contentious aspects of the Bill is the proposed inclusion of non-Muslims in key waqf institutions — the Central Waqf Council, State Waqf Boards, and waqf tribunals. 

Stringent financial oversight

• The Bill empowers the Centre to direct the audit of any waqf at any time by an auditor appointed by the Comptroller and Auditor-General of India, or by any officer designated by the Central Government for that purpose. 
• The Waqf Boards are required to audit their accounts annually, selecting auditors from a panel constituted by the State governments. Penalties will also be levelled upon mutawallis if they fail to maintain proper accounts. 

Judicial review 

• The proposed law allows courts to intervene in waqf disputes. 

It removes the finality of decisions made by waqf tribunals, allowing aggrieved parties to appeal directly to the concerned High Court.