Waqf Amendment Bill 2024 Passed: Non-Muslim Members Now Allowed on Waqf Boards
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- 14 Apr 2025 --
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In a move that has ignited both support and controversy, the Parliament of India passed the Waqf Amendment Bill, 2024, allowing for the inclusion of non-Muslim members in State Waqf Boards. This marks a major shift in the structure of waqf property management, which has traditionally been administered exclusively by members of the Muslim community.
While the government has presented the amendment as a step toward transparency, inclusivity, and national integration, critics argue that the move could dilute the religious and cultural autonomy of Muslim charitable institutions and pave the way for state interference in religious affairs.
What Is the Waqf System?
A waqf is a religious endowment in Islamic law, typically involving donated land, property, or assets set aside for charitable or religious purposes. These properties are managed by Waqf Boards, which operate under the Waqf Act of 1995, and are usually comprised of Muslim members, including scholars (ulemas), imams, and representatives of the community.
India has over 6 lakh waqf properties, making it one of the largest waqf asset systems in the world. The boards are responsible for the maintenance, leasing, revenue generation, and legal protection of these properties.
What the Waqf Amendment Bill 2024 Proposes
The Waqf Amendment Bill, 2024, passed by both Houses of Parliament in April, introduces the following key changes:
1. Inclusion of Non-Muslim Members
- State governments can now appoint up to two non-Muslim professionals (e.g., legal experts, finance officers, retired bureaucrats) to State Waqf Boards.
- These members will have advisory roles in financial and legal matters but cannot participate in religious decisions.
2. Audit and Accountability Enhancements
- The bill makes annual audits by the Comptroller and Auditor General (CAG) or state auditors mandatory.
- Boards must now digitally publish land and revenue records for public scrutiny.
3. Land Dispute Tribunal Powers Expanded
- Waqf Tribunals are empowered to summon state officials, ensuring greater enforcement power in land encroachment cases.
The government has positioned the bill as part of a larger effort to modernize and safeguard waqf assets, many of which have been under dispute, encroached upon, or poorly maintained.
Why the Move Is Controversial
The inclusion of non-Muslim members on Waqf Boards — traditionally reserved for Muslims under Islamic principles — has sparked strong opposition from Muslim organizations, minority rights groups, and some legal scholars.
Concerns Raised:
- Violation of religious autonomy: Critics argue this sets a dangerous precedent for state intrusion into religious institutions.
- Undermining Muslim leadership: The decision is seen by some as an attempt to dilute community control over its own endowments.
- Constitutional challenge: Opponents claim the amendment could violate Articles 26 and 29, which protect the right of religious communities to manage their own institutions.
Prominent voices such as the All India Muslim Personal Law Board (AIMPLB) and Jamaat-e-Islami Hind have called for a review or rollback of the bill, saying it risks “politicizing and communalizing” charitable governance.
What the Government Says
Union Minister for Minority Affairs, Smriti Irani, who tabled the bill, defended it by saying:
“Waqf properties are national assets, meant for the welfare of the poor. Transparency and expert oversight will strengthen — not weaken — the system.”
The government also pointed out that:
- Similar inclusion exists in Sikh Gurdwara committees and Hindu temple trusts, where professionals or state-nominated members serve.
- Many Waqf Boards are under litigation for corruption or mismanagement, and expert oversight can help.
Legal and Constitutional Implications
The bill will likely be challenged in the Supreme Court, where petitioners may argue that:
- It violates the right of religious minorities to manage their own institutions, as protected under Article 26(b)
- It amounts to indirect state control over a religious institution, which may breach the secular fabric of the Constitution
However, others may argue that since Waqf Boards are statutory bodies, not purely religious ones, state regulation is valid — particularly when public land and welfare are involved.
Implications Going Forward
If implemented smoothly, the bill could:
- Bring in financial discipline through professional oversight
- Help resolve thousands of pending land disputes and encroachments
- Improve the public perception of waqf institutions, many of which face allegations of mismanagement
But if seen as an attempt to undermine religious autonomy, the move may:
- Trigger litigation and public protests
- Set a precedent for interference in other minority-run institutions, including Christian, Sikh, or Jain bodies
- Create political polarization, especially ahead of elections
Reform or Overreach?
The Waqf Amendment Bill, 2024, is a pivotal development in the ongoing conversation around religious governance, minority rights, and state transparency. Whether it becomes a model for reform or a flashpoint for religious tension will depend largely on how sensitively it is implemented — and whether it respects both constitutional principles and community sentiments.
In the words of a community leader opposing the bill:
“You can audit our books — but don’t rewrite our beliefs.”
And therein lies the heart of the debate — between oversight and overreach, between governance and grace.
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