The Waqf (Amendment) Bill, 2025, was passed by the Indian Parliament in April 2025, with the Lok Sabha passing it on April 3 and the Rajya Sabha on April 4 . The bill seeks to amend the Waqf Act of 1995 and repeal the Mussalman Wakf Act of 1923 . The Waqf Act regulates Waqf properties, which are endowments of movable or immovable property for religious or charitable purposes under Muslim law …
key changes in the Waqf Amendment Bill 2025 :
The Waqf (Amendment) Bill, 2025 proposes several key changes to the Waqf Act of 1995 . These changes aim to improve the management, efficiency, and transparency of Waqf properties in India .
Here’s a summary of the key changes:
- Formation of Waqf: The Waqf can be formed by declaration, recognition based on long-term use (waqf by user), or endowment when the line of succession ends (waqf-alal-aulad) .
- Retention of ‘waqf by user’ doctrine: The revised Bill clarifies that “waqf by user” properties registered on or before the law’s enactment will retain their status unless they are disputed or identified as government land .
- Inclusion of non-Muslims: The new Bill retains provisions allowing non-Muslims to be appointed to key waqf institutions, including the Central Waqf Council, State Waqf Boards, and waqf tribunals . It mandates that both the Central Waqf Council and State Waqf Boards include at least two non-Muslim members .
- Increased government oversight: The amended Bill mandates that senior officers above the rank of district collectors conduct surveys of waqf properties, particularly in cases where government ownership is disputed . The revised Bill designates these senior government officers as the final arbiters in such disputes, replacing the waqf tribunals prescribed under the 1995 Act .
- Registration portal: The revised Bill retains provisions for establishing a centralised registration system . Under this system, all information regarding waqf properties must be uploaded to a designated portal within six months of the law’s enactment .
- Judicial Review: Aggrieved parties are permitted to appeal directly to the concerned High Court within 90 days of receiving the tribunal’s order .
- Application of Limitation Act: The Bill seeks to repeal Section 107 of the 1995 Act, which had rendered the Limitation Act, 1963 inapplicable to waqf properties .
- Composition of Waqf Boards and Councils: Ensuring representation of Muslim women and non-Muslims in Waqf Boards . Representation of Shia, Sunni, Bohra, Agakhani and other backward classes among Muslim communities .
- Streamlining Registration: Streamlining the manner of registration of waqfs through a central portal and database .
- Mutation Process: Providing for a detailed procedure for mutation as per revenue laws with due notice to all concerned before recording any property as waqf property .
- Reforming the Tribunal Structure: Reforming the Tribunal structure with two members and providing for appeals against the orders of the Tribunal to the High Court within a specified period of ninety days .
- Omission of sections: Omission of section 107 so as to make the Limitation Act, 1963 applicable to any action under the Act; and omission of sections 108 and 108A relating to special provision as to evacuee waqf properties and Act to have overriding effect .
- Renaming of the Waqf Act, 1995: Renaming the Waqf Act, 1995 as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 .
New Rule :
The Waqf (Amendment) Bill, 2025 changes the appeals process for decisions made by Waqf Tribunals . Here’s how the new appeals process will work:
- Orders of the Tribunal: Under the Waqf Act, 1995, the decisions of the Tribunal were final, and appeals against its decisions in Courts were prohibited . The High Court could consider matters on its own accord, on an application by the Board, or an aggrieved party .
- Appeal to the High Court: The new bill omits provisions deeming finality to Tribunal’s decisions . Now, orders made by a Waqf Tribunal can be appealed in the High Court .
- Timeframe for Appeals: The appeal to the High Court must be made within 90 days of the order being issued by the Tribunal . This sets a specific time limit for challenging the Tribunal’s decisions, ensuring a more structured and timely resolution process .
The Waqf (Amendment) Bill, 2025, aims to bring transparency, inclusivity, and accountability to Waqf management in India .
