Waqf Amendment Bill Cleared by Joint Parliamentary Committee: Key Changes and Implications

The Joint Parliamentary Committee (JPC) approved the Waqf Amendment Bill, a significant legislative reform aimed at restructuring the management of Muslim charitable properties in India. The bill proposes 44 amendments to the existing framework, with the JPC approving 14 key alterations. This article delves into the specifics of the bill, its proposed changes, and the political dynamics that shaped its approval.

What is Waqf Amendment Bill?

The Waqf Amendment Bill seeks to overhaul the administration of Waqf properties across the country by introducing 44 changes to the current system. These changes were drafted and tabled in the Lok Sabha in August 2024. The bill aims to bring about greater inclusivity and transparency in the functioning of Waqf boards and the Central Waqf Council.

• Key Objective: Improve the governance of Waqf properties to benefit marginalized communities, including the Pasmanda Muslims.
• Amendments Proposed: A total of 66 amendments were suggested—23 by MPs from the ruling BJP and 44 by opposition members.

Political Dynamics of the Committee

The Joint Parliamentary Committee tasked with examining the bill comprises 31 members from both houses of Parliament:

• Ruling Party Representation: 16 MPs from the BJP and its National Democratic Alliance (NDA) allies.
• Opposition Representation: 13 MPs, including one from the YSR Congress Party and one nominated member.

Waqf Board Amendment Bill 2024-Voting on Amendments

During the committee’s deliberations:

• The 14 amendments approved were proposed by the ruling BJP and NDA members.
• The 44 amendments proposed by the opposition were rejected, with voting largely along party lines (16 in favor of the BJP’s stance vs. 10 opposing).

Details of the Approved Amendments

• Inclusion of Non-Muslim Members: The composition of state Waqf boards will now allow for non-Muslim CEOs and at least two non-Muslim members.
• Changes in the Central Waqf Council: The council will now include a union minister, three Members of Parliament, two ex-judges, four individuals of ‘national repute,’ and senior government officials. None of these members are required to belong to the Islamic faith.
• Property Ownership Disputes: Section 3C(2) of the bill empowers the state government, through the jurisdictional Collector, to determine whether a property claimed as Waqf is actually government land. This change shifts the authority from Waqf Tribunals to Collectors.

Rejected Opposition Amendments

The opposition’s proposed changes, aimed at strengthening the autonomy of Waqf boards and safeguarding against government overreach, were voted down. Key suggestions included:

• Increasing representation from minority communities.
• Retaining the Waqf Tribunal’s authority in property disputes.
• Ensuring transparency in the appointment of board members.

Opposition members alleged bias in the voting process, highlighting the dominance of the ruling party in the JPC.

Timeline and Next Steps

• Initial Deadline: The committee was originally required to submit its report by November 29, 2024.
• Extension: The deadline was extended to February 13, 2025, coinciding with the final day of the Budget Session.
• Final Voting: The approved amendments will be confirmed through voting on January 29, 2025.
• Report Submission: The final report is expected by January 31, 2025.

Impact of the Proposed Changes

On Waqf Property Management

The bill introduces significant changes to the way Waqf properties are governed:

• Greater government oversight through the inclusion of non-Muslim members.
• A shift in dispute resolution authority from Waqf Tribunals to state-appointed Collectors.

On Minority Representation

While the amendments aim to enhance inclusivity, critics argue that the inclusion of non-Muslim members could dilute the community-specific focus of Waqf boards.

On Marginalized Communities

The government asserts that the bill will benefit poor and Pasmanda Muslims by improving the efficiency and transparency of Waqf property administration.