Supreme Court to Decide Fate of Waqf Amendment Provisions

Introduction

The Waqf (Amendment) Bill, 2024, has created huge controversy and debate throughout India. The bill suggests major amendments to the administration and management of waqf properties—charitable trusts in Islamic law. Though the government claims that the amendments seek to make the system more transparent and efficient, critics say that they interfere with the rights of the Muslim community and erode the autonomy of waqf institutions. With the provisions of the bill now being challenged in the Supreme Court, the country is waiting for a landmark judgment that can chart the course of religious endowments in India.

Understanding Waqf and Its Significance

Waqf is the permanent dedication of property by a Muslim for religious, charitable, or pious purposes, and such dedication creates an endowment governed according to Islamic law. Properties subject to waqf are usually mosques, graveyards, schools, and hospitals, which serve as essential properties for public welfare. Waqf properties are managed by Waqf Boards constituted under the Waqf Act of 1995, which prescribes the legal regime for their governance.

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Key Provisions of the Waqf (Amendment) Bill, 2024

The Waqf (Amendment) Bill, 2024, makes some significant amendments in the current legal regime:

Non-Muslim Members in Waqf Boards

One of the most controversial provisions is the inclusion of non-Muslim members in Waqf Boards and the Central Waqf Council. The bill requires two members of the Central Waqf Council to be non-Muslims, and state Waqf Boards are required to have non-Muslim representatives. The supporters claim that this action encourages inclusivity and diversity, and the opponents claim that it takes away from the religious independence of waqf institutions. citeturn0search1

Transfer of Property Determination to Government Officials

The bill suggests transferring the power of determining whether a property is waqf from the Waqf Boards to high-ranking government officials, including District Collectors. Critics argue that this will open the way for political intervention and possible misuse of waqf properties. citeturn0search1

Digitization of Waqf Records

To increase transparency, the bill makes it compulsory to establish a digital database of waqf properties at the center, with all the information having to be uploaded within six months of the enactment of the law. Though digitization is welcome, there are doubts regarding the feasibility of the timeline and possible implementation issues. citeturn0search1

Alterations in the Composition of Waqf Tribunals

The amendment reorganizes Waqf Tribunals by adding a joint secretary-level officer and eliminating the need for a member who is familiar with Muslim law. This alteration is problematic regarding the sufficiency of Islamic jurisprudence understanding in deciding waqf-related disputes. citeturn0search1

Application of the Limitation Act

The bill takes away the exemption of waqf properties from the Limitation Act, 1963, implying that the usual 12-year time limit in recovering encroached property will also be applicable. It leaves the door open for the encroachers to claim the land through adverse possession, which frightens most people in the Muslim community. citeturn0search4

Government’s Justification for the Amendments

The government claims that the amendments are to check corruption, increase transparency, and enhance waqf property management. With the inclusion of non-Muslim members and government representatives in the administration, the government hopes to infuse different minds and minimize cases of mismanagement. The move to digitize records is portrayed as a means to check fraud and properly document waqf assets. citeturn0news13

Muslim Organizations’ and Legal Professionals’ Opposition

Numerous Muslim groups, such as the All India Muslim Personal Law Board (AIMPLB), have strongly objected to the bill. They contend that the amendments violate the constitutional rights of Muslims to administer their religious trusts and might result in the takeover of waqf properties. Legal experts have also raised alarms about the possibility of more government intervention and the decline of the independence of waqf institutions. citeturn0search0

Possible Consequences of the Supreme Court Decision

The Supreme Court’s verdict on the Waqf (Amendment) Bill, 2024, will have long-lasting effects:

– **Judicial Precedent**: The judgment may establish a precedent for the level of government interference acceptable in religious trusts and minority matters.

– **Administration of Waqf Properties**: A decision that affirms the amendments could result in fundamental shifts in the administration of waqf properties, including enhanced governmental control and modification of the structure of Waqf Boards.

– **Rights of Minority Groups**: The decision will be crucial in determining the extent of governmental powers vis-a-vis the rights of minority groups to administer their religious and charitable institutions.