The NDA government under Prime Minister Narendra Modi is all set to make amendments to the existing Waqf Act, thereby aiming to restrict the expansive powers of Waqf Boards to classify properties as “waqf assets” and assume control over them. The issue has sparked a significant debate in political circles and could have significant political consequences. The amendment bill to the existing Waqf Act is anticipated to be presented in Parliament next week. Should it pass, it will represent a major overhaul in the management and regulation of waqf properties in India, bringing the system in line with practices seen in other Islamic countries where no single entity holds such extensive powers. Widespread concerns over the Waqf Boards’ arbitrary powers have driven the government’s initiative. These powers have enabled the boards to designate extensive tracts of land as waqf properties, which frequently resulted in disputes and allegations of misuse.
Approximately 40 amendments to the current Act are proposed. If the bill is enacted, all claims made by Waqf Boards will require mandatory and transparent verification, according to sources familiar with the matter. Additionally, revisions to Sections 9 and 14 will modify the composition and operations of the Waqf Boards to include representation for women. The properties claimed by the Boards will undergo fresh verification to address disputes. A key focus of the amendments is to prevent misuse, which will be addressed by involving District Magistrates in the oversight of Waqf properties. With these changes, the government understandably aims to repeal several provisions of the existing Waqf Act. In fact, the primary goal is to curtail the arbitrary powers of Waqf Boards, which currently enable them to declare any property as waqf without compulsory verification.
With this legislation, the Centre seeks to end the autocracy of the board. Some of the key highlights of the bill include mandatory verification to ensure a more transparent process; Amendments to Section 9 and Section 14 to alter the composition and functioning of the Waqf Boards to ensure representation for women; Properties claimed by Waqf Boards will undergo fresh verification to resolve disputes; Magistrates may be involved in the monitoring of waqf properties. During the UPA-2, the Congress-led Centre gave additional powers under the Waqf Act making it virtually impossible to get the land back from the claws of the board. With political reactions already emerging, this issue may escalate into a major political conflict in the coming days. The timing of the move, just two months before the Assembly elections in Maharashtra, Haryana, and Jharkhand, suggests a forthcoming political showdown. Additionally, the matter gains further significance with the upcoming by-polls in 10 Assembly constituencies in Uttar Pradesh.
