In what many are calling a legislative flashpoint, the Rajya Sabha passed the Waqf (Amendment) Bill with 128 votes in favor and 95 against after a marathon 12-hour debate. The emotionally charged session saw fiery arguments, vocal opposition, and strong defense from the ruling party before the motion was carried without a single abstention. This passage of the Waqf Amendment Bill marks a significant moment in the ongoing discourse on land ownership, minority rights, and government regulation of religious endowments in India.
The Waqf (Amendment) Bill, introduced by the Ministry of Minority Affairs, has been at the center of political and social controversy since its tabling. The amendments propose to overhaul several provisions of the Waqf Act, 1995, with the stated intention of streamlining administration, improving transparency, and reclaiming illegally occupied or misused waqf properties.
But critics argue that the amendment to the Waqf Act could open doors to misuse, target minority-held assets, and erode the autonomy of waqf boards. The razor-thin margin of debate and opposition’s spirited resistance have added gravity to what could be a landmark shift in India’s religious property management structure.
The Waqf Amendment Bill: What’s at the Core?
At its heart, the Waqf Amendment Bill seeks to reform the governance of waqf properties—land and other assets donated by individuals for religious or charitable purposes under Islamic law. These properties are managed by state and central waqf boards, but have long been plagued by allegations of mismanagement, encroachments, and lack of transparency.
Key features of the Waqf (Amendment) Bill include:
- Empowering the Centre to issue directions to state waqf boards on “policy matters.”
- Allowing for survey and verification of waqf properties by government-appointed officials.
- Mandating digital record-keeping and geotagging of waqf lands.
- Establishing clearer protocols for leasing and sale of waqf land to avoid misuse.
The government insists that the Waqf Amendment Bill aims at strengthening institutional mechanisms, ensuring accountability, and curbing unauthorized transfers of community resources. But opposition leaders claim it grants the Centre disproportionate control and overrides the autonomy that was originally envisioned in the Waqf Act, 1995.
Twelve Hours of Debate: The Rajya Sabha Showdown
The passage of the Waqf Amendment Bill in Rajya Sabha did not come easily. The session stretched across 12 hours, turning into a political and ideological battleground. While the government projected the bill as a progressive step, opposition parties lambasted it as an attack on minority institutions.
Leaders from the Congress, Trinamool Congress, DMK, and AIMIM took the floor to accuse the Centre of “backdoor centralization” and undermining constitutional protections. They raised concerns about the ambiguity in clauses that allow government-appointed officials to override waqf boards and the scope for arbitrary seizures of land.
The Minister of Minority Affairs, however, rebutted these concerns, stating that the bill was long overdue and necessary to protect the very communities critics claimed to speak for. He cited numerous cases of encroached waqf land and misappropriations that the bill would help prevent.
Despite heavy opposition, the bill was put to vote. The final tally—128 in favor, 95 against, and 0 abstentions—revealed both the numerical strength of the ruling coalition and the deep fissures in the Upper House on this sensitive issue.
Understanding the Political Faultlines
The Waqf Amendment Bill’s passage in Rajya Sabha has revealed and widened multiple political and ideological divides.
On one side, the BJP and its allies have portrayed the amendment as a reform-oriented move aimed at good governance and minority empowerment through property rights protection. They argue that it brings transparency, prevents illegal encroachments, and ensures that waqf properties truly benefit the intended communities.
On the other, opposition parties and civil society groups have condemned the bill as a coercive overreach by the Centre into religious affairs. They claim it reduces the role of elected waqf board members and gives bureaucrats the upper hand, potentially sidelining community voices.
Several Muslim organizations and minority rights groups have also issued statements expressing concern. They allege that the Waqf (Amendment) Bill could become a tool to dispossess minorities of land under the pretext of regulation.
These faultlines extend beyond Parliament, spilling into social media, television debates, and public protests. The issue is no longer limited to the legality of the amendments—it has come to symbolize the broader debate over religious freedom, federalism, and minority protection in a pluralistic society.
Impact on Waqf Properties and Minority Institutions
With the bill now passed in both houses, attention shifts to its real-world implementation and implications for waqf properties across India.
There are approximately 6 lakh registered waqf properties in India, ranging from mosques and dargahs to orphanages, schools, and hospitals. These properties serve religious as well as community functions and are central to the social ecosystem of many Muslim-dominated localities.
The proposed digitization and geotagging could reduce corruption and increase public access to data. However, giving the Centre power to “issue directions” and mandate land surveys raises concerns about centralized control and possible misuse.
Some experts worry that this amendment to the Waqf Act might enable bureaucratic intervention in religious affairs and even facilitate land acquisition by state or central agencies under the guise of regulatory cleanup.
The true impact, therefore, will depend on how fairly and transparently the rules are framed and enforced after the bill becomes law.
Legal Challenges on the Horizon
Several opposition leaders have indicated that the Waqf Amendment Bill will soon face legal scrutiny in the Supreme Court. They argue that the provisions violate the federal structure of the Constitution and infringe upon religious freedoms guaranteed under Article 26.
Past Supreme Court verdicts on similar issues—including the management of temples and churches—have emphasized the importance of institutional autonomy in matters of religious governance. Whether the same yardstick will apply to waqf administration under the new bill remains to be seen.
Lawyers representing minority institutions are reportedly preparing Public Interest Litigations (PILs) challenging specific clauses, especially those that override existing waqf board decisions or bypass judicial review in property disputes.
If the apex court accepts the challenge, it could lead to a landmark constitutional interpretation of the boundaries between religious rights, land governance, and central authority.
Voices from the Community
The Waqf Amendment Bill’s passage has evoked diverse responses from the ground.
Some religious scholars and reform advocates have welcomed the transparency provisions, especially the digitization of records. They see it as a step forward in bringing credibility and accountability to waqf institutions long seen as opaque.
However, many Muslim organizations, local clerics, and community leaders fear that the bill will make it easier for authorities to appropriate waqf land without proper consultation. They worry about displacement, loss of religious autonomy, and the precedent it may set for other religious institutions.
Meanwhile, minority youth activists have voiced frustration at not being consulted in the legislative process. “We’re being legislated about, not with,” said one student group in Delhi.
The community now finds itself at a crossroads—seeking safeguards within the new framework while mobilizing to challenge aspects they see as unjust.
Conclusion: A Bill That Resonates Beyond Legislation
The Waqf Amendment Bill’s passage in Rajya Sabha with 128 Ayes and 95 Noes is not just a parliamentary milestone—it’s a socio-political statement. It reflects the changing dynamics of governance, the assertion of central authority, and the contestation of minority rights in modern India.
Whether seen as reform or repression, the amendment to the Waqf Act cannot be ignored. It redefines how religious endowments are managed, who controls them, and what role the state plays in matters of faith and community.
The coming months will be crucial—not just in terms of how the Waqf Amendment Bill is implemented, but also how it is perceived by the public, tested by courts, and addressed by policymakers in response to the rising voices from across the nation.
As India continues to grapple with the balance between regulation and rights, tradition and transparency, the story of the Waqf (Amendment) Bill is far from over.
For More Daily Update – Dailynewfeeds
