The Waqf (Amendment) Bill 2025 proposes a formal revocation of Section 40 pertaining to the powers of the board to determine whether a property is waqf property.
What is the controversy over Section 40?
Section 40 of the Waqf Act, 1995, authorizes Waqf Boards to decide whether a specific property can be classified as waqf property or not. Section 40 has been controversial as critics point out that it gives an inordinate power to the Waqf Board to declare properties as waqf without adequate check and balance. citeturn0search0 The new bill suggests excluding Section 40, thus taking away the board's single-handed authority to make such decisions. Rather, the power to make decisions regarding the ownership of controversial waqf properties would be transferred to the government.
As per a copy of the bill obtained, the pending legislation will provide "representation of Muslims and non-Muslims" in the Central Waqf Council and the State Waqf Boards.
The objects and reasons, statement by Union Minister
Kiren Rijiju stated, "The Waqf Act, 1995, was enacted to make provisions for the better administration of Auqaf and for matters connected therewith or incidental thereto. However, in the process of implementing the Act, it is felt that the Act has not been effective in enhancing the administration of auqaf."
The statement also added that in light of the suggestions of the High-Level Committee headed by Justice (Retired) Rajinder Sachar and the Report of the Joint Parliamentary Committee on Waqf and Central Waqf Council and after detailed consultation with other stakeholders, extensive amendments were brought in the Act during the year 2013.
Even with the amendments, it has been seen that the Act still needs to be further improved to better tackle issues of the powers of the State Waqf Boards, registration and survey of waqf properties, and eviction of encroachments, including definition of the "waqf" itself," it added.
An overview of Waqf Board
The Waqf Board was established under the Waqf Act 1954. The act governs at two levels: the state Waqf board and the central Waqf council
Waqf denotes the properties put under exclusively religious or charitable usage in accordance with the Islamic law
According to the various sources, in India, there are a total of 512,556 registered and unregistered Waqf properties, with 35,000 Waqf institutions across the country. There are also 32+ Waqf boards, with the Delhi Waqf Board alone holding properties valued at 1200 crore. Waqf Boards presently hold ownership over 8.7 lakh properties spread over 9.4 lakh acres in India valued at 1.2 lakh crores as per estimate. They are the third largest landholding agency in India after the military forces and Indian Railways.
Notable cases of Waqf Board
It is important to analyze some notable cases that are linked with the Waqf Board.
1. Mukesh Ambani's residence, Antilia
There was this case that involved the Mukesh Ambani residence, Antilia. The land had initially belonged to the Currimbhoy Ebrahim Khoja Orphanage Trust, which had bought it with a purpose to support and educate poor children of the Khoja community. In 2002, Antilia Commercial Private Limited, an entity owned by Mukesh Ambani, purchased the land. The transaction was raising eyebrows as it apparently contravened Section 51 of the Wakf Act that requires advance clearance from the Maharashtra State Board of Wakfs before such deals could be consummated.
In 2017, the interim CEO of the Maharashtra State Board of Wakfs filed an affidavit in the Bombay High Court, declaring that the sale was unlawful and that the then chairman and CEO had illegally ratified the deal in 2005.
Also, in 2017, the Bombay High Court issued a notice to the Wakf Board, asking for clarity on the nature of the case pending in the Supreme Court in relation to Ambani's residence.
Later the Bombay High Court dismissed a petition challenging the land sale, imposing fines on the petitioner for filing a frivolous case.
Tamil Nadu land case
In the year 2022, in Tamil Nadu, a case became a major controversy where a Hindu farmer attended to sell some land for his daughter's wedding and was informed by the local registrar's office that the land was not his to sell and he would require permission from the Waqf Board. The property was with his family for decades together with the villages' lands belonging to various villages of the region comprising some 400 acres, all of which belonged to the Hindus for generations.
The farmer was lost. Based on the Waqf Board law, he would now have to appear in front of a Muslim court where a person familiar with Islam would decide whether the land was his or Allah's. The Waqf board law states that all lands that belonged to it were in Allah's name.
As per the NDTV news report at present, the Tamil Nadu Waqf Board manages around 1.8 lakh acres of land.
Certain news reports indicated how alleged Congress governments over the years in office had permitted properties to be either purchased by the Waqf Board or turned a blind eye. In Tamil Nadu's instance, it was the DMK government, as per reports.
Punjab and Haryana land case
According to the TOI report, certain Muslims who operated the Waqf Board asserted that the property belonged to them in 1947, when India was divided and the Muslims who migrated to Pakistan donated their land to the Waqf. But it is understood that during partition the Hindu lands in Pakistan were allotted to the Muslim refugees who migrated from India, and one heard it was a quid pro quo. But it appears it did not quite happen in the same manner for the Hindus.
The Enemy Land Act, in reality, did not all go to the Hindu refugees, and as recently as 1984, Rajiv Gandhi allocated the lands in areas of Haryana and Punjab to the Waqf board. Some of the refugees were allotted this Waqf board land on lease, but over the years the lease money has gone up, and now it appears they are also asking for the land to be handed over to them as it was originally meant to be.
What the new bill proposes
Along with the formal revocation of Section 40, the recent proposals in the bill include the addition of certain sections with the amendment.
"The bill intends to add new sections 3A, 3B, and 3C pertaining to certain conditions of waqf, depositing details of waqf on a portal and database, and wrongful declaration of waqf. It entails certain conditions of waqf, depositing details of waqf on portal and database, and safeguarding against wrongful declaration of waqf," the bill stated.