Waqf Bill 1995 vs 2024: Key changes and why they matter, explained

From ownership rules to government oversight, the Waqf Bill 2024 changes key aspects of the 1995 Bill. Here's what's different and why it matters

Parliamentary Affairs Minister Kiren Rijiju tabled the Waqf (Amendment) Bill, 2024 in the Lok Sabha on today, April 2. The Bill, which proposes significant changes to the Waqf Act, 1995, is set for an eight-hour discussion, with the possibility of extension. Alongside, the Mussalman Wakf (Repeal) Bill, 2024 was also introduced for consideration and passing.  

 

Originally presented in August last year, the Waqf (Amendment) Bill was reviewed by a Joint Parliamentary Committee (JPC) led by BJP MP Jagdambika Pal. The proposed changes aim to streamline the administration and management of Waqf properties, address loopholes in the 1995 Act, and improve technology-driven governance. However, the Bill has triggered a political storm, with critics calling it an attempt to curb the autonomy of Waqf boards.  

 

What has changed in the Waqf (Amendment) Bill, 2024? 

One of the most debated changes is the removal of ‘Waqf by user’, which means land cannot be considered Waqf property simply because it has been used as such over time. Instead, only land officially declared or endowed as Waqf will be recognised.

 

Additionally, donors who dedicate land for Waqf must have been practicing Muslims for at least five years, and the new provisions ensure that women’s inheritance rights cannot be denied.

 

Another major shift is in the management of government land. Under the 1995 Act, there was no clear rule about whether government-owned land could be declared as Waqf. The new Bill makes it explicit: if a government property was mistakenly recorded as Waqf, it will no longer be considered Waqf land. In case of disputes, the District Collector, not the Waqf Board, will have the final say, and the matter will be handled under state revenue laws.    ALSO READ | Waqf Amendment Bill: Does NDA have enough numbers to pass in both houses?

 

The Waqf Board’s authority to determine Waqf status has also been removed. In the 1995 Act, the Waqf Board had the power to declare and manage Waqf lands, but the new Bill shifts this responsibility to state-appointed officials.  

 

Another key change concerns Waqf surveys. Previously, surveys were conducted by Survey Commissioners and Additional Commissioners. Under the new Bill, the District Collector will oversee Waqf land surveys, aligning them with state revenue laws. This change is being seen as an effort to bring Waqf records in line with other land ownership records.  

 

The composition of the Central Waqf Council has also been altered. The 1995 Act required all members to be Muslim, including two women. The new Bill introduces two non-Muslim members and states that MPs, former judges, and eminent persons do not necessarily have to be Muslim. However, representatives of Muslim organisations, Islamic law scholars, and Waqf Board chairpersons must still be Muslim, and two Muslim women must be included.  

 

Changes have also been made to the State Waqf Boards. Previously, up to two elected Muslim MPs, MLAs, or Bar Council members could be part of the board, along with at least two women. Now, the state government will nominate members, including two non-Muslims and representatives from Shia, Sunni, Backward-class Muslims, Bohra, and Agakhani communities. At least two Muslim women must also be included.  

 

The structure of Waqf Tribunals has also been modified. In the 1995 Act, a judge led the tribunal, along with an Additional District Magistrate and a Muslim law expert. The 2024 Bill removes the requirement for a Muslim law expert. Instead, the tribunal will now include a District Court judge as chairman and a joint secretary from the state government.    ALSO READ | Waqf (Amendment) Bill: Which parties support it and who opposes it?

 

Expanded high court access, central oversight

 

Under the old law, High Court intervention in Waqf disputes was allowed only under special circumstances. The new Bill makes it easier to challenge tribunal decisions—appeals can be filed in the High Court within 90 days.  

 

The central government’s power over the Waqf administration has also increased. Earlier, state governments had the authority to audit Waqf accounts at any time. Now, the central government can make rules on Waqf registration, accounts, and audits, which will be conducted either by the Comptroller and Auditor General (CAG) or a designated officer.  

 

Lastly, the Bill introduces new provisions for sect-based Waqf Boards. The 1995 Act allowed for separate Waqf Boards for Shia and Sunni communities if Shia Waqf property exceeded 15 per cent of total Waqf assets. The 2024 Bill extends this provision to include Bohra and Agakhani Waqf Boards as well.