On Thursday, 30 January, the Joint Parliamentary Committee (JPC) headed by Jagdambika Pal, which was examining the Waqf (Amendment) Bill, submitted its report to the Lok Sabha Speaker Om Birla. The report marks a significant step in refining and strengthening the legal framework governing Waqf properties in India. The Waqf Act, which has historically regulated endowments dedicated to religious and charitable purposes, has long been a subject of debate, with concerns over opacity, encroachments, and inefficiencies in administration. The proposed amendments, guided by the JPC’s recommendations, seek to address these long-standing concerns by introducing greater transparency, ensuring accountability, and striking a balance between the rights of Waqf institutions and public interest.
Waqf boards in India oversee one of the largest collections of endowed properties in the world. With an estimated 870,000 properties spanning 940,000 acres and valued at Rs 1.2 lakh crore, these assets are intended to support religious, charitable, and educational activities within the Muslim community. However, their management has long been mired in controversy.
The 2006 Sachar Committee report highlighted significant inefficiencies in Waqf administration. It noted that if properly managed, Waqf properties could generate substantial revenue—at least Rs 12,000 crore annually—to support community welfare. Instead, mismanagement, encroachments, and corruption have plagued Waqf boards, undermining their potential. One of the most contentious aspects of Waqf governance is the principle of irrevocability: “Once a Waqf, always a Waqf.” This has led to numerous legal disputes, such as the Bengaluru Eidgah ground case, where the Waqf Board’s claim over a public ground sparked widespread controversy. Similarly, the Gujarat Waqf Board’s claim over the Surat Municipal Corporation building, based on historical use during the Mughal era, has raised questions about the limits of Waqf authority.
BALANCING STAKEHOLDER INTERESTS
The JPC’s revisions reflect an understanding of the diverse interests involved in Waqf administration. While previous legislative efforts often tilted the balance in favour of the Waqf Boards, sometimes at the cost of individual and institutional stakeholders, the new amendments introduce a more nuanced approach. By incorporating mechanisms for stakeholder consultations and independent oversight, the Act now ensures that decisions regarding Waqf properties are taken in a manner that is both legally sound and socially just. A key highlight of the JPC’s report is its emphasis on protecting the rights of existing occupants and leaseholders of Waqf properties. In several instances, individuals and businesses have faced abrupt notices declaring their properties as Waqf assets without due process. The amended Act now requires comprehensive scrutiny before a property is designated as Waqf land, including consultation with all affected parties and the provision of adequate redress mechanisms. This not only upholds property rights but also prevents unwarranted disruptions to livelihoods and commercial activities.
A notable change incorporated into the Act is the explicit delineation of the powers of the Waqf Board. Earlier versions of the law were often criticised for their ambiguous language, leading to conflicts over jurisdiction and disputes concerning property ownership. The JPC has sought to correct this by clearly defining the scope of the Waqf Board’s authority, preventing arbitrary decision-making, and establishing a robust mechanism for dispute resolution. Additionally, the amendment enhances procedural safeguards for individuals and entities that may be affected by Waqf property declarations, ensuring a more equitable and fair process. Another crucial improvement is the introduction of stricter record-keeping and digital documentation requirements. Historically, Waqf property records have been marred by inconsistencies and, in some cases, outright loss or mismanagement. The new provisions mandate the digitization of records and periodic audits, thereby curbing the risk of manipulation and ensuring that Waqf assets are managed in a transparent manner. This move aligns with the broader governmental push for digital governance and is expected to minimize legal disputes arising from undocumented or misrepresented Waqf properties.
Moreover, the amendments introduce checks against possible misuse of Waqf properties. Cases of mismanagement, where Waqf land was leased at sub-market rates or illegally encroached upon, have been a persistent problem. The new legal framework mandates stricter monitoring and transparent leasing procedures, ensuring that Waqf resources are utilized in a manner that genuinely benefits the intended beneficiaries rather than serving vested interests. This is a crucial step towards restoring public confidence in the administration of Waqf assets and ensuring that they contribute meaningfully to welfare and development initiatives.
A MORE BALANCED AND TRANSPARENT FUTURE
The amendments to the Act which have been greatly supported by the JPC mark a decisive shift towards a more structured and transparent Waqf administration. By addressing long-standing ambiguities and procedural weaknesses, the new provisions enhance both legal clarity and institutional efficiency. However, beyond the immediate legal refinements, these changes also signal a broader commitment to fostering inclusivity and fairness in religious endowment management. Critics of the earlier versions of the Act had pointed out that its implementation often led to conflicts between Waqf institutions and the general public, particularly in cases where property disputes arose.
Further, the digitalization and enhanced oversight mechanisms will have far-reaching consequences. By ensuring that Waqf assets are properly recorded and audited, the Act discourages mismanagement and corruption, leading to better resource utilization for charitable and developmental purposes. This aligns well with India’s broader governance reforms, where transparency and accountability are being prioritized across various sectors. From a socio-political perspective, these amendments contribute to a more balanced dialogue on religious endowments. Waqf properties represent significant assets, and their efficient management is crucial for community welfare. The updated provisions recognize this while ensuring that public interest is safeguarded, fostering an environment where religious and administrative institutions can coexist harmoniously.
In conclusion, the JPC’s revisions to the Waqf Amendment Act mark a welcome transformation in the legal and administrative landscape of Waqf governance in India. By reinforcing transparency, accountability, and fairness, the amendments not only address existing inefficiencies but also pave the way for a more robust and equitable system. As the amended Act takes shape, its success will depend on effective implementation and continued vigilance to uphold its principles. Nonetheless, the legislative refinements made under the JPC’s guidance set a strong foundation for a more transparent and balanced future in Waqf administration.
* Yashawardhana is Research Fellow, India Foundation.