The Parliament of India passed the Waqf Amendment Bill, which has now come into force on 8th April 2025 after getting the approval of the President of India. This new law introduces significant changes to the governance, regulation, and administration of Waqf properties in India.
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The Parliament of India passed the Waqf Amendment Bill, which has now come into force on 8th April 2025 after getting the approval of the President of India. This new law introduces significant changes to the governance, regulation, and administration of Waqf properties in India. It also aims to enhance the transparency, accountability, and protection of religious endowments, modifying the key provisions of the Waqf Act, 1995.
The amended act seeks to tighten control over Waqf assets, reduce mismanagement, and promote digitization and efficient handling of records. Waqf properties and assets donated for religious, educational, or charitable purposes in Islam constitute a significant part of India’s religious infrastructure. Their administrative boards have a strong hold with wide-reaching implications for property law and community governance.
The Ministry of Minority Affairs, the Government of India, held extensive and detailed consultations with legal experts, and the Central Waqf initiated the bill to address longstanding issues concerning misuse, encroachment, and ineffective oversight of waqf assets across states. With the Waqf Amendment Act 2025 now in force, the law represents a systematic attempt to reform and modernize waqf property governance in the country.
Waqf Act, 1954
The Waqf Act, 1954, was the first central legislation in India aimed at regulating waqf properties and ensuring their proper management. Enacted by the Parliament, the Act provided for the creation of Waqf Boards in each state to supervise and administer waqf assets. It sought to safeguard religious and charitable properties dedicated under Islamic law.
The Key Provisions of the Act were :
Waqf Act, 1995
The Waqf Act 1995 was enacted to improve the administration of the Waqf properties and establish a centralized structure for their better governance. This Act repealed the earlier Waqf Act, 1954 and introduced mechanisms for the registration, management, and oversight of waqf assets by establishing Waqf Boards at both the state and central levels.
Key features of the 1995 Act included :
Despite its comprehensive framework, the 1995 Act suffered from poor implementation, irregular enforcement, and widespread non-compliance.
The Waqf Amendment Act of 2013 was enacted to enhance the management and protection of waqf properties in India. This act amended the Waqf Act of 1995 to introduce greater transparency, accountability, and efficiency in the administration of waqf assets. With growing concerns over illegal transfers, encroachments, and misuse of waqf land, the amendment aimed to curb such malpractices and ensure proper utilization of waqf property for charitable and religious purposes.
Key Provisions of the Waqf Amendment Act, 2013 :
Over the years, several audits and reports—including those by the Comptroller and Auditor General (CAG)—have highlighted large-scale encroachments and misuse of waqf properties. According to a 2011 report by the Joint Parliamentary Committee on Waqf, around 70% of waqf properties were either encroached or under illegal occupation.
The core issues prompting the amendment include:
The Waqf Amendment Act, 2013, had several drawbacks and shortcomings, and hence, the Government of India decided to introduce the Waqf Amendment Act 2025 as a corrective measure intended to plug the loopholes of earlier iterations of the law.
Political and Social Context Behind Introducing the Bill
The rising value of urban land and increasing litigations over waqf properties underscored the urgency for reform. The amendment comes in a broader context of land governance reforms, judicial backlog reduction, and modernization of religious endowment management. Although the law is religious in its base, its governance implications are administrative and legal, necessitating state and central coordination for effective enforcement.
Major Clauses Introduced or Modified
The Waqf Act 2025 introduces several critical changes aimed at improving oversight and administrative efficiency:
Empowerment of Survey Commissions: The bill strengthens the mandate of survey commissions to ensure all waqf properties are properly identified, recorded, and mapped using geotagging technology.
Digitization Mandate: It makes it mandatory for State Waqf Boards to digitize all property records within a stipulated time frame and update them periodically.
Time-bound Dispute Resolution: The bill establishes dedicated tribunals to adjudicate waqf-related disputes and sets timeframes for the disposal of cases, aiming to reduce long-pending litigation.
Standardization of Mutawalli Appointments: Guidelines have been revised to introduce eligibility criteria, tenure limits, and performance evaluations for waqf property managers.
Inclusion of Non-Muslims and Women in Waqf Boards - The amended law mandates the inclusion of at least two non-Muslims and two Muslim women in Central and State Waqf Boards, aiming to improve inclusivity, representation, and decision-making diversity in waqf administration.
Redefinition of Waqf Creation Criteria - The Act specifies that only individuals who have professed Islam for a minimum of five years can create a waqf, ensuring the religious legitimacy and intent behind property donation is authentic and sustained.
Empowerment of District Collectors to Resolve Disputes- District Collectors are now given the authority to adjudicate disputes over waqf land ownership, reducing unilateral decisions by Waqf Boards and strengthening state control over land adjudication processes.
Creation of Centralized Digital Registration System for Waqf Properties - A nationwide digital portal will be established to centralize the registration and record-keeping of waqf properties, promoting transparency, eliminating duplication, and improving public access to updated waqf land records.
Abolition of the ‘Waqf by User’ Provision - The amended Act removes the earlier provision that allowed properties to be declared waqf solely based on long-term religious use, preventing vague, undocumented claims and ensuring clear legal ownership documentation.
Restructuring of Waqf Tribunals and Legal Appeals - Waqf Tribunals will now consist of only two members instead of three, and decisions can be appealed to the concerned High Court within 90 days, offering stronger judicial oversight and legal recourse.
Protection of Government-Owned Properties from Waqf Claims - The amendment clearly prohibits any government property from being declared as waqf, ensuring that public assets remain protected and are not subject to religious trust claims without proper documentation.
Establishment of a National Waqf Property Portal - The amendment directs the development of a centralized portal accessible to the public for transparency and reporting violations.
Collaboration with Revenue and Land Records Departments - A cross-departmental approach has been introduced for synchronizing waqf property records with government land databases.
The amended Act emphasizes the importance of record digitization:
Boards must submit periodic data to the Central Waqf Council, which will maintain a national dashboard tracking property utilization, income, and disputes. These provisions align with the Digital India Land Records Modernization Programm (DILRMP) guidelines and are designed to integrate religious endowment data with the broader land governance system.
The new legislation transforms Waqf Boards from largely passive bodies into proactive regulators with enforcement powers. Key implications include:
The implementation phase will be critical. States must invest in infrastructure, technical training, and inter-departmental coordination to meet the timelines stipulated in the amendment. Challenges may arise in states with limited digital infrastructure or where waqf boards lack adequate manpower.
Monitoring mechanisms, performance audits, and public grievance redressal systems will play a pivotal role in ensuring the success of the amendment. Additionally, coordination with local authorities and legal enforcement agencies will be essential to secure waqf assets and prevent future misuse.
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