In a move that has ignited fierce debate across political and communal lines, India’s Parliament has passed the Waqf (Amendment) Bill, 2025, after a marathon session marked by high drama and deep division.
The Upper House – Rajya Sabha passed the contentious Waqf (Amendment) Bill, 2025 with 128 votes in favour and 95 against, after a marathon 12-hour debate that exposed deep divisions within opposition ranks and across the political spectrum.
The passage of the bill in the Upper House was marked by a surprise move from Naveen Patnaik’s Biju Janata Dal, which allowed its seven members a “conscience vote”, freeing them from the party whip. BJD MP Sasmit Patra later explained the decision was influenced by concerns within various sections of minority communities.
The legislation, which seeks to overhaul the management of Waqf properties, had sailed through the Lok Sabha just 24 hours earlier with a 288-232 vote. It now awaits the President’s assent to become law.
Opening the debate in the Indian Parliament, Minority Affairs Minister Kiren Rijiju asserted that the bill aims to root out corruption and bring transparency, stressing it was not about religion but about property rights and governance. He said properties would now require proof of ownership before being declared Waqf, countering past provisions that allowed automatic designation based on Waqf Board claims.
Union ministers Rijiju and Amit Shah highlighted examples of what they described as questionable Waqf claims — including properties in Delhi’s Lutyens zone, a 400-year-old temple in Tamil Nadu, and even the old Parliament building — to justify the amendments.
However, Congress’s Syed Naseer Hussain hit back, accusing the government of misleading the public. He argued that many of these sites were legitimate Waqf holdings and that the bill was a thinly veiled attempt at communal polarisation. A heated exchange followed between Hussain and Shah over the legal recourse available to those aggrieved by Waqf Tribunal decisions.
The amended bill mandates the inclusion of at least two non-Muslim members on Waqf Boards and the Central Waqf Council. It also restricts Waqf property donations to individuals who have practiced Islam for at least five years — a clause critics argue is vague, discriminatory, and violates the right to religious freedom.
Another flashpoint is the removal of Waqf tribunals’ power to settle property disputes. Instead, a senior government official — above the rank of Collector — will decide such matters, raising concerns about executive overreach.
Opposition leaders accused the government of pushing a divisive, anti-secular agenda. Congress President Mallikarjun Kharge warned the bill would lead to widespread disputes and urged the government to withdraw it. “You are sowing the seeds of division,” he told the House.
AIMIM’s Imtiaz Jaleel questioned the inclusion of non-Muslims on Waqf boards, asking whether Muslims would ever be appointed to the Tirupati or Shirdi temple trusts. DMK, TMC, AAP, and RJD members called the bill unconstitutional, with some warning that India was veering towards authoritarianism.
In contrast, BJP leaders hailed the legislation as a long-overdue reform. JP Nadda said the bill supports “UMEED” — Unified Waqf Management Empowerment, Efficiency and Development — and aims to uplift marginalised Muslim communities, especially women. JD(S) patriarch HD Devegowda also backed the bill, alleging Waqf properties had long been misused by elites within the community.
The bill is now headed to the President for approval. Once enacted, it will amend the Waqf Act of 1995 and repeal the Mussalman Wakf Act of 1923 — the latter also cleared by Parliament this week.
While critics of the Government view it as a step toward centralising control over religious properties and undermining minority rights, the Government insists the bill is designed to benefit poor and marginalised Muslims.
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