BCI Chairman Manan Kumar Mishra Champions Passage of Historic Waqf (Amendment) Bill, 2024 for Transparent Governance

(By Syed Ali Taher Abedi)

New Delhi 5, April,2025 In a groundbreaking moment for legislative progress, the Rajya Sabha on March 4, 2025, passed the Waqf (Amendment) Bill, 2024, setting the stage for a transformative overhaul in the governance of Waqf properties. This historic move aims to significantly enhance the transparency, accountability, and operational efficiency of Waqf management, while addressing systemic issues that have plagued the system for decades.

The Bill garnered ardent support from prominent legal and political figures, including Mr. Manan Kumar Mishra, Chairman of the Bar Council of India, Senior Advocate at the Supreme Court of India, and Member of Parliament (Rajya Sabha). Mr. Mishra has long championed the reform of Waqf management laws, asserting that the previous legal framework had allowed for widespread mismanagement, corruption, and inefficiency that ultimately harmed the marginalized sections of the Muslim community. His strong advocacy of the Bill underscores its vital role in rectifying these issues and safeguarding Waqf assets for the benefit of future generations.

A New Era for Waqf Governance: Introducing the “Unified Waqf Management, Empowerment, Efficiency, and Development Act”

One of the most significant features of the Bill is the renaming of the 1995 Waqf Act. It will now be known as the “Unified Waqf Management, Empowerment, Efficiency, and Development Act,” a title that reflects its evolved purpose of fostering empowerment, improving efficiency, and ensuring comprehensive community development. This name change symbolizes a forward-thinking legislative agenda aimed at strengthening Waqf institutions, ensuring better management of Waqf properties, and aligning with contemporary governance practices.

Mr. Mishra noted that the original Act had numerous gaps, allowing for widespread mismanagement and corruption, which ultimately hurt the interests of vulnerable communities, particularly the Pasmanda Muslims. By addressing these critical issues, the new Bill lays the groundwork for a future where Waqf properties can be managed with the transparency, accountability, and responsibility they deserve.

Key Provisions of the Waqf (Amendment) Bill, 2024: Enhancing Transparency and Empowerment

The Bill introduces several far-reaching provisions aimed at reforming the management of Waqf properties:

1. Renaming the Act (Section 1) – The new title communicates a fresh, evolved legislative purpose, emphasizing empowerment, efficiency, and community development. This comprehensive reform aims to overcome historical inefficiencies and establish a robust legal and administrative framework.
2. Amendment to Definitions (Section 3) – The Bill introduces specific sect-based categories, such as Aghakhani and Bohra Waqfs, ensuring inclusivity and addressing previous gaps in the law that led to mismanagement and disputes.
3. Conditions of Waqf and Lawful Ownership (Section 3A) – To prevent fraudulent claims, this section establishes lawful ownership as a mandatory condition for dedicating property as Waqf. This measure strengthens the integrity of Waqf institutions and protects against abuse.
4. Centralized Digital Registry (Section 3B) – The Bill mandates the creation of a digital registry for Waqf properties, significantly improving transparency and public access to critical information, while also facilitating real-time oversight.
5. Clarification of Government Property (Section 3C) – This provision separates government properties from Waqf assets, reducing confusion and preventing potential misuse or unauthorized claims.
6. Survey Powers Transferred to Collectors (Section 5) – By assigning the survey process to Collectors, the Bill ensures that the survey process is accurate, efficient, and timely, thus protecting Waqf properties from encroachment and mismanagement.
7. Publication of Waqf Lists (Section 6) – Waqf property lists must be published on a centralized digital platform, making the information readily available and enhancing public oversight.
8. Power of Tribunals and Judicial Oversight (Section 7) – The provision to allow High Court appeals ensures fairness, accountability, and judicial scrutiny in resolving Waqf disputes.
9. Classification Disputes (Section 8) – A legal mechanism for resolving disputes related to sect-specific classification promotes impartiality and legal clarity while reducing sectarian tensions.
10. Expanded Representation on Waqf Councils (Sections 9 & 14) – Including women, non-Muslims, and sect-specific representatives on Waqf councils ensures diverse expertise and enhances the governance of Waqf properties.
11. Establishment of Separate Boards for Sect-Specific Management (Section 10) – Separate boards for communities like Bohras and Aghakhani ensure more effective and tailored management of Waqf resources, reducing internal disputes and improving satisfaction.
12. Removal of Section 40 (Old Act) – The repeal of Section 40, which granted excessive power to the Waqf Board, marks a critical step toward greater accountability and transparency in Waqf governance.

Protecting Community Interests and Ensuring Justice for Marginalized Groups

Mr. Mishra emphasized that while Article 26 of the Constitution guarantees the right to manage religious affairs, this right is not absolute and is subject to regulation in the interest of public order, morality, and health. The Bill’s provisions are aimed at curbing endless litigation, promoting quicker administration of justice, and eliminating outdated court interpretations that had previously allowed for significant misappropriation of Waqf properties.

In particular, the Bill’s introduction of appellate jurisdiction for High Courts is a vital step in rectifying historical injustices, especially those that disproportionately affected marginalized communities like the Pasmanda Muslims. It also provides clarity and rectifies earlier provisions that allowed for the conditional alienation, settlement, lease, and sale of Waqf properties—practices that led to the loss of valuable assets for community welfare.

A Vision for the Future

The passage of the Waqf (Amendment) Bill, 2024 represents a significant shift in the governance of Waqf properties, offering a much-needed framework for transparency, efficiency, and empowerment. By addressing long-standing issues and introducing measures that safeguard the interests of marginalized communities, this legislation is poised to transform the landscape of Waqf governance and ensure that these properties effectively serve their intended social and community welfare purposes.

Mr. Mishra’s firm commitment to reforming the Waqf system and his insightful understanding of the gaps in the previous law have paved the way for this monumental legislative achievement. As the Waqf (Amendment) Bill, 2024 moves forward, it holds the potential to foster communal harmony, socio-economic development, and justice for the disadvantaged, setting a new standard for governance and accountability in the management of Waqf properties.