Waqf (Amendment) Bill, 2024
Summary
*Syllabus: Statutory Bodies* *Source: TH* **Context:** The Joint Committee on the Waqf (Amendment) Bill, 2024 adopted its report by a majority vote, clearing the way for the government to move the Bill during the upcoming Budget Session of Parliament. **NOTE:** Read it from both Prelims and Mains Perspective. **What is a Waqf Board?** • **Established in:** The concept of Waqf Boards was formalized under the **Waqf Act, 1954**, and further strengthened by the Waqf Act, 1995. **(It is statuto
Exam Brief
GS-2The Waqf (Amendment) Bill, 2024 is set for discussion in Parliament. UPSC examines statutory bodies and minority affairs policies.
Key Facts
- The Bill was reviewed by the Joint Committee.
- The Waqf Act was initially enacted in 1954.
- The Waqf Act was strengthened in 1995.
- The Ministry of Minority Affairs oversees Waqf Boards.
- The Central Waqf Council was established in 1964.
Prelims — What UPSC Might Ask
- Which ministry is responsible for the administration of Waqf Boards?
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Source Article Content
Syllabus: Statutory Bodies
Source: TH
Context: The Joint Committee on the Waqf (Amendment) Bill, 2024 adopted its report by a majority vote, clearing the way for the government to move the Bill during the upcoming Budget Session of Parliament.
NOTE: Read it from both Prelims and Mains Perspective.
What is a Waqf Board?
• Established in: The concept of Waqf Boards was formalized under the Waqf Act, 1954, and further strengthened by the Waqf Act, 1995. (It is statutory body) • Governed by: The Ministry of Minority Affairs, Government of India, oversees the functioning of Waqf Boards. • Functions and Powers: • Administration: Manages and supervises Waqf properties. Recovery: Recovers lost or encroached Waqf properties. Transfer: Sanctions the transfer of immovable Waqf properties through sale, gift, mortgage, exchange, or lease. Appointment: Appoints custodians to ensure Waqf revenues are used for designated purposes. Legal Authority: Can sue and be sued in court. • Administration: Manages and supervises Waqf properties. • Recovery: Recovers lost or encroached Waqf properties. • Transfer: Sanctions the transfer of immovable Waqf properties through sale, gift, mortgage, exchange, or lease. • Appointment: Appoints custodians to ensure Waqf revenues are used for designated purposes. • Legal Authority: Can sue and be sued in court. • Board and Members: • Chairperson: Appointed by the state government. Members: Include Muslim legislators, parliamentarians, members of the state Bar Council, Islamic scholars, and mutawalis (managers) of Waqfs with an annual income of ₹1 lakh and above. Central Waqf Council (CWC): Established in 1964 to oversee and advise state-level Waqf Boards. • Chairperson: Appointed by the state government. • Members: Include Muslim legislators, parliamentarians, members of the state Bar Council, Islamic scholars, and mutawalis (managers) of Waqfs with an annual income of ₹1 lakh and above. • Central Waqf Council (CWC): Established in 1964 to oversee and advise state-level Waqf Boards. Proposed Amendments in the 2024 Bill:
• Inclusion of Non-Muslim Members: Mandates at least two non-Muslim members in the Central Waqf Council and State Waqf Boards. Allows non-Muslim members to form a majority in these bodies. • Mandates at least two non-Muslim members in the Central Waqf Council and State Waqf Boards. • Allows non-Muslim members to form a majority in these bodies. • Removal of Waqf by User: Eliminates the concept of Waqf by User, which recognized properties used for religious or charitable purposes over time as Waqf. • District Collector’s Role: Grants District Collectors the authority to determine ownership of disputed properties and update revenue records. • Composition of Tribunals: Removes the requirement for an expert in Muslim law from Waqf Tribunals. • Appeals Process: Allows direct appeals to High Courts against Tribunal decisions, removing the finality of Tribunal rulings. Need for Amendment in 2024:
• Transparency and Efficiency: Aims to improve transparency and efficiency in the management of Waqf properties. • Inclusivity: Seeks to promote inclusivity by involving non-Muslim members in Waqf governance. • Dispute Resolution: Enhances dispute resolution mechanisms by granting District Collectors authority over property disputes. • Legal Clarity: Provides clarity on the creation and management of Waqf properties. • Modernization: Aligns Waqf governance with contemporary legal and administrative practices. Issues Surrounding the New Bill:
• Dilution of Muslim Control: Opposition argues that including non-Muslim members dilutes Muslim control over Waqf properties. • Violation of Article 26: Critics claim the Bill violates Article 26 of the Constitution, which guarantees religious communities the right to manage their own affairs. • Removal of Waqf by User: Eliminating Waqf by User could lead to disputes over the status of existing Waqf properties. • Expertise in Muslim Law: Removing the requirement for an expert in Muslim law from Tribunals may affect the adjudication of Waqf-related disputes. • Potential for Misuse: Granting District Collectors authority over property disputes could lead to misuse and bias. Way Ahead:
• Stakeholder Consultation: Engage with Muslim community leaders and stakeholders to address concerns. • Legal Safeguards: Introduce safeguards to prevent misuse of District Collectors’ powers. • Capacity Building: Provide training to District Collectors and Tribunal members on Waqf laws. • Transparency Measures: Implement measures to ensure transparency in the management of Waqf properties. • Review and Monitoring: Establish a mechanism for regular review and monitoring of Waqf governance. Conclusion:
The Waqf (Amendment) Bill, 2024 aims to modernize Waqf governance but faces significant opposition over concerns of dilution of Muslim control and potential misuse of powers. A balanced approach, incorporating stakeholder feedback and legal safeguards, is essential to ensure the effective and fair management of Waqf properties.
Insta Links:
• The-waqf-amendment-bill-2024 • How is the Indian concept of secularism different from the western model of secularism? Discuss. (UPSC-2018)