Waqf (Amendment) Bill Passed at Midnight: The End of a Parallel System or a Political Flashpoint?

New Delhi/Shimla | April 3 – In a dramatic midnight session, the Lok Sabha passed the Waqf (Amendment) Bill with 288 votes in favor and 232 against, setting the stage for a new political and legal battle over the control of religious endowment properties.

The next test this Bill face, will be in Rajya Sabha where the number is also  with the NDA. 

The bill, which expands government oversight over waqf lands and allows non-Muslim members on waqf boards, has divided political and public opinion, with BJP leaders celebrating it as a historic reform and opposition parties decrying it as an attack on minority rights.

What is Waqf? Understanding the History and Purpose

The concept of waqf dates back centuries and refers to a religious endowment made by Muslims for charitable, educational, or religious purposes.

Once a property is declared as waqf, it cannot be sold, transferred, or inherited and is meant to serve public welfare indefinitely.

But which legal authority  and how  and when declared waqf properties, nobody has an exact  answer. 

For that matter if one goes by Owaisi's line, waqf properties are that of Allah, then which legal authority gives or allot these properties to Waqf in the name of Allah?  One answer is that: By Muslims. 

It is generally believed that Mosques, madrasas, idgah, kabristan or cemeteries, and properties generating rental income for community projects fall under waqf administration.

But not all of them and not everywhere, this is the case. 

After independence, the Waqf Act of 1954 (later amended in 1995 and 2013) formalized the waqf system in India, creating state waqf boards under the control of the Central Waqf Council. But it came into force only since 1995, informed Home  Minister Amit Shah in Lok Sabha.

Over time, these boards amassed over 8.72 lakh properties worth over 6 lakh acres of land across the country, making them one of the largest landowners in India. No GST, No tax  and nothing to state or Central exchequer? 

If one goes by this diktate,  the purpose seemed to be  clear—to use these properties for the upliftment of the Muslim community, particularly in education and welfare.

However, the lack of government oversight turned many waqf boards into closed-door institutions where corruption, mismanagement, and land scams became common.

The Controversy: What the New Bill Changes

The Waqf (Amendment) Bill brings major changes to the system, addressing longstanding concerns about opaque dealings in waqf properties and the unchecked power of waqf boards.

Major  changes include:

Government can now review and regulate waqf properties, ensuring that they are used for the public good rather than personal or political gains.

Non-Muslim members can now be appointed to waqf boards, breaking the monopoly of self-styled religious leaders.

But Shah denied this as presumption as the government has no intention to do so and only Muslims will be appointed on the board. 

State intervention in waqf land disputes is strengthened, preventing unauthorized land transfers or illegal leasing of properties.

Political Firestorm: BJP vs INDIA Alliance

As expected, the bill has triggered strong political reactions, with the INDIA bloc unanimously opposing it while the BJP and its allies have defended it as a long-overdue reform.

Prime Minister Narendra Modi hailed the bill as a “historic moment for independent India”, asserting that it will end decades of corruption within waqf boards and ensure that waqf properties serve their true purpose rather than becoming tools of political appeasement.

Home Minister Amit Shah went further, calling waqf boards “a parallel system of land control that operated outside Indian law”, adding that “no religious institution can be above national governance.”

Rahul Gandhi and the Congress Party strongly opposed the bill, claiming that it is another BJP ploy to suppress Muslim representation and that this move will strip minority communities of their autonomy over religious affairs.

However, critics argue that Congress has never questioned the accountability of waqf boards despite numerous reports of financial mismanagement.

AIMIM chief Asaduddin Owaisi called the bill a direct attack on Islam, stating that “waqf properties belong to Allah, and no government can interfere with them”, adding that Muslims are being systematically targeted under the guise of reforms. 

Samajwadi Party leader Akhilesh Yadav echoed these sentiments, alleging that the BJP is playing divisive politics to polarize voters before elections, while TMC chief Mamata Banerjee called the bill an assault on secularism.

CPM and DMK also opposed the bill, warning that it would set a dangerous precedent for government intervention in religious affairs and weaken the constitutional promise of religious freedom.

On the other hand, Anurag Thakur and other BJP leaders dismissed these claims, stating that “waqf boards have long operated without scrutiny, and it is time they are made accountable like any other institution in India.”

Shiv Sena (Shinde faction) and other NDA allies supported the bill, arguing that “appeasement politics has kept real issues hidden for too long.”

Implications for Himachal Pradesh and Uttarakhand

With the bill now in force, Himachal Pradesh and Uttarakhand—respectively ruled by Congress  BJP,  where waqf properties have been controversial—have witnessed immediate  attention. 

In Himachal, several disputes over waqf-controlled land in Shimla, Solan, and Kangra have led to allegations that public land was wrongfully taken over by waqf boards.

Local BJP leaders have long called for an investigation, arguing that valuable properties in prime locations have been leased out under dubious terms.

The new bill could trigger fresh legal battles over ownership and rightful use of these lands.

In Uttarakhand, the issue is even more sensitive. Haridwar, Dehradun, and Udham Singh Nagar have seen multiple waqf-related disputes, particularly in religiously significant areas where land ownership is contested.

Last year, the state government launched a survey of waqf lands, leading to clashes between authorities and waqf board members.

With this bill now law as and when Rajya Sabha gives its nod, the BJP is likely to push for stricter waqf regulations in Uttrakhand, framing it as a move to “liberate” land from illegal encroachments.

But in Himachal the Sukhu may go by the direction of the Congress high command keeping its implementation in deep freeze.

Beyond Politics: What’s Next for Waqf Properties?

While waqf institutions were originally created for community welfare, the reality today is far more complex.

There are glaring issues of corruption, lack of transparency, and political influence that have diverted waqf’s intended role.

Many waqf-funded madrasas and schools lack proper infrastructure, and funds meant for educating underprivileged Muslims are often unaccounted for.

The new bill could bring much-needed reforms, but it also raises critical questions—how will state intervention affect waqf autonomy?

Will this bill actually improve the condition of poor Muslims, or is it just another political tool?

If BJP’s real intention is to reform waqf governance, then it must ensure that waqf properties are utilized for real educational and welfare programs, rather than merely being controlled by new political appointees.

While the opposition claims this is an assault on religious freedom, they have failed to offer any alternative solutions to the deep-rooted problems within waqf boards.

Similarly, while the BJP portrays this as a clean-up operation, its leaders must answer how this law will ensure genuine welfare for underprivileged Muslims rather than becoming just another land battle.

The Waqf (Amendment) Bill is more than just a legal reform—it is a statement on how India balances religion, governance, and accountability.

With legal challenges likely and political tensions rising, one thing is certain—the way waqf properties are managed in India will never be the same again.

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