The Waqf Amendment Bill was passed in the Rajya Sabha on 4th April 2025 following a marathon 12-hour debate. Just one day earlier, the bill was passed from Lok Sabha at around 1 a.m. in the night. After an extensive debate, with the assent from both houses, the Waqf will now run under a new law Unified Waqf Empowerment, Management, and Development Act. Prime Minister Narendra Modi tweeted the bill’s passage as a “watershed moment,” and it will be remembered. It is indeed a watershed moment for the Modi Government as it places alongside Article 370 abrogation, CAA, and Ram Mandir as part of the government’s milestones or “masterstroke”. But after all the debates that took place in the parliament, these crucial questions persist: What will this bill change? Who should be hopeful? Who will be harmed? 

To understand this, one must begin with the basics: What is the concept of Waqf? How does it function in theory versus practice? Why did the government think it was necessary to bring the amendment? And what are the main arguments of those who are opposing the bill? In Islamic Law, Waqf is like a charitable law, where a person can waqf his/her property for charitable or religious purposes. Once a person waqfs their property, then he/she will not have ownership anymore. After that, a Mutavalli (caretaker) manages his or her property. The Mutavalli cannot alter or sell the property, he has to follow the mandate. This has been a long tradition of India and is found in many Islamic as well as non-Islamic countries. In India, many different laws have been passed to codify and regulate it, like in 1913 Muslim Waqf Validating Act, in 1923 Mussalman Waqf Act, the Central Waqf Act (1954), which was replaced by the Waqf Act (1995), and some amendments were brought in 2013. Currently, India has a total of 32 Waqf Boards in different states, along with there is a Waqf Council at the national level. In the present day, the Waqf Board has 9.4 acres of land, and they are the third-largest landowning force after railways and defence. Most of the land is donated to mosques, shrines, shops, and agricultural land. So, in theory, most of the income from land is used for religious, educational, and welfare purposes.

However, there’s no doubt that the Waqf Board hasn’t utilised its properties properly for years. Despite having vast landholdings, their income generation remains minimal. According to the Sachar Committee Report in 2006, which estimated that if the Waqf Board had properly utilized its property, then its annual income would have been 12,000 crores. A figure that is even higher today. So, it’s clear that there is corruption in the Waqf Board, there is mismanagement, and there are many stories of the selling of land. There are also allegations of Waqf Board members capturing the land of other people, many have different opinions on this about Waqf law and its practice.

In Lok Sabha, the Waqf Bill was passed with a majority of 288 votes and 232 votes against the motion. In the Rajya Sabha, 128 MPs were in favour of the motion, and 95 MPs were against the motion. NDA allies TDP and JD(U) also sided with the BJP. On top of that, YSRCP and BJD, who are not technically in NDA, decided to let their members have their vote. Despite all this, we can see that the BJP needed a majority to pass the bill, which it achieved easily. But the heated debate that took place in both houses is very important to understand.

On 2nd April, Minority Affairs Minister Kiren Rijiju introduced the Bill in Lok Sabha and said that after hearing the views of lakhs of stakeholders, the bill has been presented, which the government has taken care of it. Rijiju raised several issues, and above all of them, he explained why the BJP government needs to bring this new law. BJP government maintained its stand around some of the core points. The first was Waqf by User Provision, which allows the board that the land falls under the Waqf Act. Second is Section 40 of the Waqf Act, which allows the Waqf Board to decide which land falls under them. There are allegations that often Waqf Board often grabs the land of other people by calling it Waqf. Third, if a person or an organisation challenges the claims of the Waqf Board, then sometimes they don’t get justice in the Waqf Tribunal System. This raised questions about transparency and justice. The fourth point, even though all these Waqfs have failed to manage their properties like income generation, education, healthcare, and Muslim women, according to the government.

So, the old law is being changed to change the fate of poor Muslims. The first change is Waqf by User Law and Section 40. Waqf by User means, if there is an old mosque or burial ground, whose documents are not available, and if it has been long-standing there, then it can be declared the land of Waqf or Waqf property. BJP government was against this because they felt that it led the Waqf Board to grab many lands, which the Congress has also supported. The new bill removes Waqf by User and Section 40 of the old Waqf Act. Section 40 says that if any land is Waqf property, then it can take its initiative to decide on its own that the property is theirs. This section has now been removed. According to the new law, the district collector will survey to decide whether the land is of Waqf or not. Registration is also an important point, where in 6 months deadline all Waqf property will be added to the government’s portal. This will help in increasing efficiency and transparency. Suppose there is a dispute between the government and the Waqf Board. According to the new law, the government says that if you are not satisfied with the Tribunal’s decision, then you can appeal in the High Court. The government says that it will also remove the allegations of Waqf grabbing people’s property.

The opposition has raised serious concerns against this. DMK MP A. Raja said that Waqf cannot just go and claim someone’s property; it’s not possible. An independent survey commissioner is needed rather than a government official. In case of any dispute, the independent survey commissioner has to follow the civil procedure code. If the dispute reaches the tribunal, the civil procedure code is followed. Allegations are that the government is spreading misinformation about the current process and trying to grab control by introducing new processes. Now, the work of independent survey commissioner is being given to the district collector in the new bill. The accusation is that the new district collector is not as independent as the independent district collector. So, the district collector will not have special protections, which means the district collector will just follow orders, and the government will control the process. There were a lot of voices for the Waqf Tribunal also. Congress MP Imran Pratapgarhi said that the BJP is spreading lies about the Tribunal, making it seem like the Tribunal is a religious “Khap Panchayat”. Opposition also made a strong comment on Waqf by User Act. RJD MP Manoj Jha said that how one could bring documents from a mosque that has been standing there. In Rajya Sabha, Abhishek Manu Singhvi said the reason why Waqf by User is established by the Supreme Court. The opposition leaders fear that the government is trying to create a system in which it will be difficult to prove Waqf property, and every mosque or every grave will be questioned and put in litigation. In response, Kiren Rijiju said that the position is spreading lies, no land will be taken, no interference will be done in any registered Waqf property, the law will not be retrospective, and only new registrations will follow the new process. Opposition also raised a question here, where legal proceedings can be carried out in the registered Waqf property. Opposition alleges that, if the survey is done by the survey collector, then the ownership of land will not be a problem for the government. Kiren Rijiju said that the law of limitation will be applied in the new bill. That means, if there is a dispute, then it will have to be dealt, within a specific time limit. Abhishek Manu Singhvi argues that after 12 years of cut-off, it will be impossible to file a litigation against an illegal encroachment. As a result, many cases of seizure will be legalised, which will be termed as adverse possession, nearly making it impossible to challenge the illegal encroachments.

Now that the bill has become an act, it is known that there will be protests. In Kolkata, Chennai, and Ahmedabad, thousands of people gathered to protest against the Waqf Amendment Bill by carrying posters asserting ‘we reject Waqf Amendment’ and ‘Reject Waqf Bill. ’ West Bengal Chief Minister Mamata Banerjee declared that she would protect state Muslims' land rights. In Ahmedabad, police detained many protesters who were against the bill, some of them from All India Majlis-e-Ittehadul Muslimeem (AIMIM). In Tamil Nadu, actor-politician Vijay announced that his party, Tamilaga Vettri Kazhagam, launched a statewide protest. Many TVK members gathered in Chennai, Coimbatore, and Tiruchirapalli and raised slogans like ‘Reject the Waqf Bill. Vijay himself called the bill “undemocratic” and said Protect Muslims’ rights. Many muslim organisations, like the Joint Forum for Waqf Protection, were seen maintaining protests. In Muzaffarnagar, government authorities have issued notices to 300 people protesting against the Waqf (Amendment) Act, 2025, by wearing black badges on April 4, 202,5, and prayers in mosques and asked them to furnish bonds of Rs 2 lakh each. Currently, the Waqf Amendment Bill has reached the Supreme Court by the petitions of AIMIM president Asaduddin Owaisi and Congress MP Mohammad Jawed. They alleged that the new law violates the basic rights of Muslims and imposes excessive state control on Islamic religious trusts.

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