New Delhi [India]: The Bar Council of India (BCI) has extended strong support to the recently passed Waqf (Amendment) Bill, calling it a transformative step that addresses long-standing deficiencies in Waqf legislation and promotes transparency, justice, and inclusive development.
Passed by the Rajya Sabha on March 4, 2025, the Waqf (Amendment) Bill—renamed as the Unified Waqf Management, Empowerment, Efficiency, and Development Act—marks a major legislative overhaul intended to modernize and reform the governance of Waqf properties.
According to the BCI, the Bill will significantly enhance the management of Waqf properties by ensuring they are utilized effectively for community welfare, especially for historically marginalized groups, while fostering communal harmony and sustainable socio-economic growth.
BCI Chairman Manan Kumar Mishra, who is also a Senior Advocate at the Supreme Court and a Rajya Sabha MP, played a key role in supporting the Bill. He described it as essential to curbing corruption, improving accountability, and correcting systemic inefficiencies in Waqf property administration.
Mishra stated that the previous Waqf Act of 1995 had “significant gaps that facilitated extensive mismanagement and corruption,” ultimately harming marginalized segments of the Muslim community. He emphasized that the new legislation introduces vital safeguards to ensure better protection and utilization of Waqf assets in line with constitutional values and contemporary realities.
Key Reforms Highlighted in the Bill:
- Renaming the Act (Section 1): The updated title reflects a renewed legislative intent focused on empowerment, efficiency, and development.
- Amended Definitions (Section 3): The Bill now formally recognizes sect-based waqf categories such as Aghakhani and Bohra, ensuring inclusivity and minimizing past conflicts caused by lack of legal clarity.
- Lawful Ownership Requirement (Section 3A): Only properties with verified ownership can be declared as Waqf, preventing fraudulent claims and strengthening institutional integrity.
- Centralized Digital Registry (Section 3B): Mandatory filing of Waqf property details on a digital platform enhances transparency and allows real-time oversight.
- Wrongful Declaration Clause (Section 3C): Protects government property from being wrongfully claimed as Waqf, minimizing legal disputes and misuse.
- Transfer of Survey Powers (Section 5): Survey responsibilities have been assigned to District Collectors to streamline and professionalize the process.
- Timely Publication of Waqf Lists (Section 6): Mandates publication of property lists online, ensuring transparency and accountability.
- High Court Appeals (Section 7): Tribunals will now be subject to High Court oversight, safeguarding against judicial errors and enhancing fairness in dispute resolution.
- Dispute Mechanism for Classification (Section 8): Provides a formal legal framework for resolving sect-based classification issues, promoting social cohesion.
- Expanded Representation (Sections 9 & 14): Inclusion of women, non-Muslims, and sect-specific representatives on Central and State Waqf Councils improves diversity, governance, and accountability.
- Separate Boards for Sects (Section 10): Dedicated boards for Bohras and Aghakhanis allow for more tailored, effective management.
- Removal of Section 40: Eliminates previously unchecked powers of the Waqf Board, introducing much-needed transparency and democratic scrutiny.
Mishra further clarified that Article 26 of the Constitution, while ensuring the right to manage religious institutions, is subject to regulation in the public interest—especially regarding morality, public order, and health. He highlighted the role of the Limitation Act in preventing endless litigation and enabling faster justice.
He also criticized outdated legal interpretations, especially the controversial “waqf by user” doctrine, which he said enabled misuse and misappropriation of community assets. The new law, he stressed, aims to reverse the historical marginalization of groups such as Pasmanda Muslims, ensuring fairer access and oversight through the appellate powers given to High Courts.
The BCI concluded that the Waqf (Amendment) Bill is a historic and progressive reform that will transform Waqf governance, enhance transparency, and better serve the interests of the community.