India’s lower house of Parliament has passed a contentious piece of legislation that aims to overhaul the governance of waqf properties—assets worth billions of dollars donated over centuries by Indian Muslims for charitable and religious purposes. The Waqf (Amendment) Bill, 2024, introduces a series of changes to the existing law and was cleared by the Lok Sabha late Wednesday night following a marathon 12-hour debate marked by intense exchanges.
According to the government, the bill is designed to bring greater transparency to the administration of waqf properties. However, opposition parties and various Muslim organizations view the bill as a calculated attempt to erode the constitutional protections granted to India’s Muslim community, the country’s largest religious minority.
The bill passed in the Lok Sabha with 288 Members of Parliament supporting it and 232 opposing it, barely crossing the halfway threshold of 272 required for approval. The legislation now moves to the Rajya Sabha, the upper house, for further discussion and potential passage. Should it clear that chamber, it will then be forwarded to President Droupadi Murmu for her signature to officially become law.
Initially introduced in Parliament in August last year, the bill was sent to a Joint Parliamentary Committee (JPC) amid strong protests from opposition lawmakers. The version that was eventually passed includes several revisions recommended by the committee. However, opposition members claim that the JPC, dominated by the ruling Bharatiya Janata Party (BJP) and its allies, only approved amendments that aligned with the government’s interests and ignored all proposals put forward by non-BJP members.
Mallikarjun Kharge, the Congress leader in the Rajya Sabha and leader of the opposition, criticized the bill harshly, stating, “The opposition is united and will work to defeat the unconstitutional and divisive agenda of the Modi government on the Waqf Amendment Bill.” Despite this vow, the numbers in the upper house may not favor the opposition, making the bill’s ultimate defeat uncertain.
Muslim advocacy groups have voiced strong opposition to the bill, suggesting that it undermines established waqf laws and could lead to the systematic seizure and potential destruction of properties currently protected under the waqf system. In their view, the legislation represents a significant threat to religious and charitable institutions within the Muslim community.
Congress MP Gaurav Gogoi echoed these concerns during the Lok Sabha debate. “This bill will dilute the Constitution, defame minority communities, divide Indian society, and disenfranchise minorities,” he warned. Gogoi’s remarks highlighted the broader apprehension that the bill is not just a technical or administrative update but part of a political strategy that marginalizes minorities.
Defending the bill, Federal Home Minister Amit Shah argued that the opposition was misleading the public. “The opposition is scaring minorities by creating an illusion that this bill would interfere in the religious activities of Muslim brothers and in their donated property,” Shah said. He emphasized that the goal was not to infringe upon religious freedoms but to introduce order and transparency into the waqf system, which has long been criticized for mismanagement and encroachment.
Waqf properties include an array of assets such as mosques, madrassas (Islamic schools), orphanages, and large tracts of land that have been donated by Muslims for community use. Some properties remain unused or vacant, while others have been illegally occupied or disputed. By Islamic custom, waqf refers to a charitable or religious endowment whose purpose is to serve the public good. These assets are considered the property of God and are not to be sold or diverted for other uses.
The Indian government notes that waqf boards are among the largest landowners in the country. Official records indicate there are at least 872,351 registered waqf properties throughout India, collectively covering more than 940,000 acres. The estimated value of these assets stands at approximately 1.2 trillion rupees, equivalent to $14.22 billion or £11.26 billion.
One of the most controversial aspects of the bill is its provision granting the government more control over the regulation and classification of waqf assets. Critics argue this represents an overreach of state power and threatens the independence of waqf boards, which are supposed to function autonomously to manage these religious and charitable properties.
Additionally, the bill includes a clause calling for the appointment of two non-Muslim members to waqf boards. This move has sparked further outrage among critics, who note that similar inclusivity is not mandated for the governance of religious institutions belonging to other faiths. Most non-Muslim religious bodies in India do not permit individuals of different religions to participate in their internal administration.
Opposition parties argue that this requirement is discriminatory and inconsistent, especially given that waqf institutions are religious in nature and have traditionally been managed by members of the Muslim community. They contend that such a provision could interfere with the faith-based administration of these endowments and erode the community’s ability to manage its own charitable resources.
For now, the bill’s fate rests with the Rajya Sabha, where the ruling party may face a more difficult path due to a less favorable distribution of seats. However, even if opposition parties mount a strong resistance in the upper house, the BJP-led government has often relied on support from regional allies to push legislation through.
The broader implications of the bill continue to stir concern across political and religious lines. For many, the legislation symbolizes more than just administrative reform—it is seen as a test of India’s commitment to pluralism, minority rights, and constitutional values.
As the debate shifts to the Rajya Sabha, both supporters and opponents of the bill are likely to intensify their efforts. The final outcome will not only determine the future of the waqf properties but may also shape the trajectory of minority rights discourse in India for years to come.