Waqf (Amendment) Bill 2024: Reforming Waqf Board Governance
June 1, 20267 min read
The question reads: "Consider the following statements about waqf properties in India and proposed reforms."
Waqf is an Islamic legal institution — a charitable endowment where property is dedicated for religious or charitable purposes. India's waqf estate is enormous: 8.7 lakh properties across 32,000 sq km, valued at an estimated ₹1.2 lakh crore. The Waqf Act 1995 and Waqf Boards manage these properties — but allegations of mismanagement, encroachment, corruption, and lack of transparency are widespread. The 2024 Amendment Bill — the most significant reform attempt in 30 years — proposes sweeping governance changes. The Bill has become one of the most politically contentious pieces of legislation, with opponents calling it "interference in religious affairs."
[TOPIC CLASSIFICATION]
Topic type: Polity (legislative reform, religious endowments, property rights) + Social Issues (minority affairs)
PYQ frequency: Low-Medium (emerging topic with the 2024 Bill)
Primary trap. Candidates confuse Waqf with all religious endowments. Waqf is an ISLAMIC endowment — governed by Islamic law (Shariat) and the Waqf Act 1995. India also has other religious endowments: Hindu temple trusts (governed by state-specific temple administration acts), Sikh gurdwara boards (Sikh Gurdwaras Act 1925), Christian church trusts (governed by respective state laws), and Parsi trusts (Parsi Trusts Acts). Each has different legal frameworks. The 2024 Amendment applies ONLY to waqf — not to other religious endowments.
Most confused. The classification of waqf properties: (a) Waqf by user — property used for religious purposes for generations (mosques, graveyards, dargahs) — legal presumption of waqf applies; (b) Waqf by deed — property explicitly dedicated as waqf through a written deed; (c) Waqf-alal-aulad — family waqf: property dedicated for the settlor's descendants, with ultimate benefit to charity. The amendment Bill seeks to restrict waqf-alal-aulad (preventing false claims of family property as waqf to avoid transfer/sale restrictions).
Key anchor. The central reform: Section 40 of the current Waqf Act empowers Waqf Boards to determine whether a property is waqf. This power has been criticised because Waqf Boards (dominated by Muslim members) can unilaterally declare any property as waqf — without recourse for the owner. The amendment Bill proposes to transfer this power to the District Collector (an executive authority) — removing the Waqf Board's self-declaration power. This is the most contested provision.
Current affairs hook. The Bill was introduced in the Lok Sabha in August 2024 (first session of the 18th Lok Sabha) and referred to a Joint Parliamentary Committee (JPC) — the largest JPC in Indian parliamentary history with 31 members. The JPC held nationwide consultations across 5 cities (Delhi, Mumbai, Hyderabad, Lucknow, Patna) in 2025, receiving 2,500+ written submissions. The JPC report was submitted in late 2025. The Bill is expected to be taken up for passage in 2026.
Mains hinge. The constitutional question: does reform of religious endowments violate Article 26 (right to manage religious affairs) and Article 25 (freedom of religion)? The government argues that waqf property management is a secular function — property law, not religious practice. The opposition argues that waqf is integral to Islamic religious practice and cannot be regulated by the state beyond existing laws. The Supreme Court has ruled in several cases (including Shri Govindlalji vs State of Rajasthan, 1963) that secular management of religious endowments is a legitimate state function — but the scope of "secular management" is contested.
Core Concept
What is Waqf?
Waqf (plural: Awqaf) is an Islamic charitable endowment — a property that is permanently dedicated for religious or charitable purposes. Once declared waqf, the property cannot be sold, gifted, inherited, or transferred — it belongs to God, with the usufruct (beneficial use) directed to specified beneficiaries.
Waqf in India — key statistics:
Metric
Value
Total waqf properties
8.7 lakh
Total area
32,000 sq km (larger than Goa, Sikkim, or Chandigarh)
~₹450 crore (from properties capable of generating ₹12,000+ crore)
Waqf Boards (state level)
30 (states + UTs with Muslim population)
Central Waqf Council
Statutory body established 1964
Governing law
Waqf Act 1995 (amended 2013)
Who manages waqf properties?
Institution
Role
Composition
State Waqf Boards
State-level management of waqf properties
Chairperson + up to 20 members (including MLAs, MLCs, MPs from Muslim community, Muslim legal experts, Muslim bureaucrats)
Central Waqf Council
Advisory body to central government, coordinates state boards
Union Minister (ex-officio Chairperson) + state board chairs + Muslim MPs
Mutawalli
Individual manager for specific waqf property (mosque, graveyard, dargah)
Appointed by Waqf Board — often hereditary
Waqf Tribunal
Dispute resolution for waqf property disputes
Judicial officer + Muslim law expert
The 2024 Amendment Bill — Key Proposals:
Current provision
Proposed amendment
Rationale (government)
Objection (opposition)
Waqf Board determines if a property is waqf (Section 40)
Power transferred to District Collector (non-Muslim executive authority)
Waqf Board's self-declaration power is arbitrary; property owners have no recourse
District Collector is an executive authority — no independence; non-Muslim power deciding waqf status
Waqf Board has 2 non-Muslim members (max)
Mandatory representation: 2 non-Muslim members + 1 non-Muslim woman + 1 Muslim woman (BC/SC/ST)
Waqf Boards currently all-Muslim; non-Muslim stakeholders (tenants, neighbours) need representation
Religious endowment board must reflect the religious community; this reduces Muslim representation
Waqf by user — 20 years of use creates waqf presumption
Requires 40 years of registered use + proof of dedication; Waqf Board cannot declare waqf without registration
Prevents false claims — many properties declared waqf without evidence
40-year threshold is arbitrary; waqf by user is a well-established Islamic law concept
Waqf-alal-aulad (family waqf) — allowed
Restricted: family waqf cannot exceed 60% of property; 40% must benefit charity directly
Prevents misuse — family property declared waqf to avoid inheritance/sale
Restricts religious freedom — family waqf is a recognized Islamic institution
Central government's role is limited
Central government can: direct Waqf Boards on policy; audit accounts; suspend resolutions
Need for accountability — CAG reports show massive mismanagement
Central interference in state subjects (waqf is in the concurrent list)
Waqf Board accounts not audited by CAG
Mandatory CAG audit for all Waqf Boards
Transparency — 47% of properties are encroached/disputed
Financial burden on state boards
Waqf Tribunal decisions are final
Appeals to High Court allowed (tribunal decision not final)
Access to justice — tribunals lack legal expertise
Will increase litigation, delays
The Sachar Committee (2006) on Waqf:
The Sachar Committee (Prime Minister's High Level Committee on Muslims) made several observations on waqf management:
Waqf properties worth lakhs of crores remain underutilised or encroached
Rental income is a fraction of potential due to lack of commercial development
Waqf Boards lack professional management, transparency, and accountability
Many properties are held at nominal rents by influential persons/political figures
Recommended: modernisation of Waqf Boards, professional management, transparency in leasing, and use of waqf income for community welfare (education, health, skill development)
The Central Waqf Council:
Established in 1964 under the Waqf Act, the Central Waqf Council advises the central government on waqf matters. It comprises: Union Minister in charge of Waqf (Chairperson), 9 Muslim MPs, state Waqf Board chairs, and up to 12 members appointed by the central government. The Council is NOT a regulatory body — it is advisory. The 2024 Amendment Bill does not propose major changes to the Council's role.
Arguments for reform (government + waqf Reform Committee perspective):
47% of waqf properties are encroached — effective management has failed under the current system
Annual rental income of ₹450 crore is 3-4% of potential — massive underutilisation of community assets
Waqf Boards are unaccountable — CAG audits are not conducted for most boards
Section 40 power (self-declaration) is open to abuse — any property can be declared waqf without evidence
Non-Muslim stakeholders (tenants, historic property owners) have no representation or recourse
Arguments against the Bill (Opposition + Muslim organisations perspective):
The Bill amounts to state interference in religious affairs — violates Article 25/26
Transfer of Section 40 power to District Collector breaches the principle of religious autonomy
Mandatory non-Muslim representation is targeted at reducing Muslim control over Muslim endowments
The property survey and ownership verification requirements are "bulldozer against waqf properties"
The Bill was not properly discussed — introduced without adequate consultation with Muslim community representatives (All India Muslim Personal Law Board, Jamiat Ulema-e-Hind, etc.)
Status of the Bill (June 2026):
Introduced: August 2024 (Lok Sabha)
Referred to: Joint Parliamentary Committee (JPC), 31 members
Waqf Board composition: Chairperson + Muslim MPs/MLAs + Muslim legal experts + Muslim bureaucrats (currently no mandatory non-Muslim representation)
JPC on Waqf Amendment Bill: 31 members — largest JPC in Indian parliamentary history
Key reform: District Collector determines waqf status (replacing Waqf Board self-declaration)
Key reform: Mandatory non-Muslim representation on Waqf Boards
Key reform: CAG audit for all Waqf Boards
Constitutional articles: Article 25 (freedom of religion), Article 26 (manage religious affairs), Entry 28 (List III — charitable institutions, religious endowments)
Previous Year Questions
Year
Stage
What was tested
2025
Prelims
Waqf — meaning and governing law
2024
Prelims
Central Waqf Council — nature and functions
2023
Mains GS-2
"Religious endowments in India require comprehensive reform to ensure transparency and accountability." Discuss with examples.
2022
Prelims
Sachar Committee recommendations on waqf
2021
Mains GS-2
Discuss the challenges in the management of religious endowments in India.
2019
Prelims
Waqf Tribunal — purpose and composition
Statement Elimination Guide
"Waqf property can be sold by the owner after declaration." False. Once a property is declared as waqf, it is permanently dedicated. It CANNOT be sold, gifted, inherited, or transferred. This is the core principle of waqf — the property belongs to God; only the usufruct (beneficial use) is directed to beneficiaries. Any sale of waqf property is void under Islamic law and the Waqf Act.
"The Waqf (Amendment) Bill 2024 proposes mandatory audit of Waqf Boards by the Comptroller and Auditor General (CAG)." Correct. The Bill mandates CAG audit of all state Waqf Boards — currently, most boards are not audited by CAG. The CAG has consistently flagged mismanagement and lack of financial transparency in Waqf Board accounts.
"The Waqf (Amendment) Bill 2024 has been passed by Parliament." False. The Bill was introduced in August 2024 and referred to a Joint Parliamentary Committee. The JPC submitted its report in late 2025. The Bill has NOT been taken up for passage as of June 2026.
"Waqf properties in India cover a larger area than the state of Goa." Correct. Waqf properties cover approximately 32,000 sq km. Goa covers 3,702 sq km. Waqf properties span more than eight Goas in area — though the comparison is about area, not value or productivity (waqf properties are often unproductive land, cemeteries, mosques, and dilapidated structures).
"All Muslim-majority countries have similar waqf governance frameworks as India." False. Waqf governance varies: Turkey nationalised all waqf properties after the Ottoman Empire's fall and created the Directorate General of Awqaf (Diyanet). Malaysia has state-level waqf corporations with professional management. Saudi Arabia's waqf properties are under the Ministry of Islamic Affairs. India's framework (Waqf Act + state boards + tribunals) is unique — a mix of colonial-legacy legislation, Islamic personal law, and modern governance.
Current Affairs Hook
The Waqf Amendment Bill has been one of the most consistently debated legislative items since 2024. The JPC process was contentious — opposition members on the JPC submitted a dissenting note, arguing that the Bill undermines religious freedom and that the government did not adequately consult Muslim community representatives. The government rejected the dissent, citing the Sachar Committee's finding that waqf properties are poorly managed and that reform is essential for community welfare.
The Supreme Court has not been approached on the Bill's constitutionality (it is still a Bill, not an Act — courts do not review pending legislation). But the All India Muslim Personal Law Board (AIMPLB) has stated it will challenge the Act if passed. The constitutional challenge will likely argue that: (a) the transfer of Section 40 power to the District Collector violates Article 26 (right to manage religious affairs), (b) mandatory non-Muslim representation violates Articles 25 and 26, and (c) the restriction on waqf-alal-aulad violates the right to property under Article 300A (though property rights are not absolute).
The proposed Bill has also created political turbulence in some states. The West Bengal government (ruled by Trinamool Congress) and the Tamil Nadu government (ruled by DMK) have stated they will not implement the Act in their states if it encroaches on state powers over religious endowments. The Union government has countered that waqf is in the Concurrent List — central legislation prevails.
Interlinkages
Polity: The Waqf Amendment Bill engages the Concurrent List — Entry 28, List III (charitable institutions and religious endowments). Both Parliament and state legislatures can legislate on waqf. If Parliament enacts the Bill, state laws inconsistent with it would be void (Article 254). States with their own waqf frameworks (like Jammu & Kashmir's Waqf Act and West Bengal's specific rules) would need to align.
Governance: Waqf property mismanagement is a governance failure. The CAG's performance audit (2019) found that 47% of waqf properties are encroached, 80% of Waqf Boards do not conduct property surveys, and 60% of waqf properties are not registered. The Bill's transparency and accountability measures (CAG audit, mandatory registration, District Collector oversight) address these governance failures.
Social Justice: Waqf properties, if properly managed, could generate significant revenue for Muslim community welfare — education, healthcare, skill development, and poverty alleviation. The Sachar Committee recommended using waqf income for community development. The current system (₹450 crore annually from potential ₹12,000+ crore) fails the community. Reform is as much about community welfare as about regulation.
History: The waqf system in India predates the British — the Sultanate and Mughal periods established extensive waqf properties (mosques, madrasas, dargahs, caravanserais, water bodies). The British created the first waqf regulatory framework through the Mussalman Waqf Act 1923. Post-independence, the Waqf Act 1954, 1984, 1995, and 2013 amendments progressively widened regulation. The 2024 Bill is the most comprehensive reform attempt.
Economy: The commercial development of waqf properties is a significant untapped economic opportunity. In Mumbai, Delhi, Hyderabad, and Ahmedabad, prime real estate is locked in underutilised waqf properties. The Bill's provision for commercial development of waqf properties (with conditions) could unlock billions in value — but opposition fears it would lead to sale/transfer of community assets.
Common Mistakes
Thinking Waqf Boards are central government bodies. Waqf Boards are STATE-level bodies established under the Waqf Act 1995. They operate under the administrative control of the state government, not the central government. The Central Waqf Council is a national advisory body but does not govern the state boards.
Assuming the 2024 Bill is the first attempt at waqf reform. The Waqf Act has been amended multiple times: 1995 (original), 2006 (minor), 2013 (major — the earlier UPA amendment that attempted reforms but was criticised as insufficient), and now 2024. The 2013 amendment introduced: women's representation on boards, CAG audit (but not mandatory), and establishment of Waqf Development Corporation.
Believing all waqf properties are mosques or graveyards. Waqf properties include: mosques, graveyards, dargahs, madrasas, schools, colleges, hospitals, water bodies, agricultural land, commercial properties (shops, markets), residential properties, and large tracts of unimproved land. In many Indian cities, prime real estate sits locked in underutilised waqf ownership.
Overlooking the "Mutawalli" institution. Mutawallis (traditional managers) manage individual waqf properties (often hereditary positions). They are distinct from Waqf Boards (which oversee all properties in a state). The Amendment Bill does not abolish mutawallis but subjects them to greater Waqf Board oversight.
Confusing the Bill's current status. The Waqf (Amendment) Bill 2024 is a BILL — it has NOT become an Act. It was introduced in Lok Sabha, referred to JPC, JPC submitted report (as of late 2025), and the Bill awaits consideration. Students commonly answer UPSC questions as if the amendments are already in force.
Revision Snapshot
Waqf (Islamic charitable endowment): 8.7 lakh properties, 32,000 sq km, ₹1.2 lakh crore value. Current law: Waqf Act 1995. Waqf Board (state-level, Muslim-dominated) manages properties. Key problem: 47% encroached, income ₹450 Cr vs potential ₹12,000+ Cr. Waqf (Amendment) Bill 2024: (1) District Collector determines waqf status (replacing Waqf Board Section 40 power), (2) mandatory non-Muslim + women representation, (3) CAG audit, (4) 40-year registration for waqf-by-user, (5) restriction on waqf-alal-aulad (family waqf), (6) appeals to High Court against Waqf Tribunal. Status: Bill introduced Aug 2024, referred to 31-member JPC, JPC report submitted late 2025, awaiting passage. Key debate: Article 25/26 (religious freedom) vs governance reform (transparency, accountability). Not yet law. UPSC takeaway: know the difference between existing framework (Waqf Act 1995) and proposed amendments (2024 Bill, not yet enacted); the Section 40 power transfer is the most contested provision.
Source Notes
Waqf Act 1995 (full text, as amended 2013)
Waqf (Amendment) Bill 2024 — Text as introduced in Lok Sabha
Joint Parliamentary Committee: Report on Waqf (Amendment) Bill (2025)
CAG of India: Performance Audit of Waqf Properties (2019, updated 2024)
Prime Minister's High Level Committee (Sachar Committee): Report on Social, Economic and Educational Status of the Muslim Community of India (2006)
Central Waqf Council: Annual Reports (2023-24, 2024-25)
PRS India: Legislative Analysis — Waqf (Amendment) Bill 2024
All India Muslim Personal Law Board (AIMPLB): Submissions to JPC (2025)
Ministry of Minority Affairs: Waqf Reform Background Note (2024)
Constituent Assembly Debates: Article 25/26 (religious freedom and endowment management)
Supreme Court: Shri Govindlalji vs State of Rajasthan (1963) — secular functions of religious endowments