New Delhi [India]: The Bar Council of India (BCI) has submitted a comprehensive analysis of the Waqf (Amendment) Bill, 2024, to the Chairperson of the Joint Parliamentary Committee, Jagdambika Pal.
The submission highlights critical implications of the proposed amendments for the governance of waqf properties in India.
In its report, the BCI emphasized the need for a modern regulatory framework, reflected in the proposed renaming of the Act to focus on “Management, Empowerment, Efficiency, and Development.”
This change aims to enhance transparency and ensure optimal use of waqf properties for community welfare, drawing support from judicial precedents advocating for evolving legal frameworks, stated BCI in its press statement.
“In our analysis, we have addressed potential criticisms, responses to anticipated legal challenges, and jurisprudential standpoints on several relevant sections of the Bill. The report is meticulously structured to offer a balanced view of the amendment’s intent and potential impact, emphasizing modern administrative needs while preserving constitutional principles,” said BCI.
The renaming of the Act to emphasize “management, empowerment, efficiency, and development” aligns with the need for a comprehensive regulatory update. This change reflects a strategic shift towards transparency, efficiency, and optimal use of waqf properties for community welfare, a shift validated by judicial precedents that support evolving statutory frameworks to meet contemporary needs, it added.
The report draws attention to precedents that underscore the need for the legal evolution of waqf property management, citing landmark judgments.
These changes are aimed at reinforcing efficient, transparent practices that prevent historical challenges like mismanagement and encroachments while remaining sensitive to religious principles.
The proposal to centralize waqf property records and expedite digital documentation aligns with administrative best practices. Such measures are expected to reduce unauthorized encroachments and improve governance, ultimately benefiting the waqf community and the general public.
The amendment also proposes to include non-Muslims, women, and diverse sect representatives in waqf councils and boards, enhancing inclusivity. This move encourages balanced and unbiased oversight, ensuring a holistic approach to managing waqf properties and aligning with principles of equality and diversity.
By providing for appeals beyond the tribunal level, the amendment strengthens judicial oversight and safeguards against arbitrary or potentially biased tribunal decisions, thereby promoting justice and accountability, BCI chairman Manan Kumar Mishra said in the press statement.