What is the Waqf Board? What changes has the government made in it? And what could be its effect? ​​Should the Waqf Board continue to exist according to the Constitution?

 The Waqf Board is a statutory body in India that manages and administers Waqf properties. A Waqf is a permanent dedication of movable or immovable property by a Muslim for religious, charitable, or pious purposes, as recognized by Muslim law. These properties can include mosques, dargahs, schools, graveyards, and other institutions.   

Changes Made by the Government:

The government has recently passed the Waqf (Amendment) Bill, 2025, which introduces several significant changes to the existing Waqf Act of 1995. Some of the key changes include:  

• Redefinition of Waqf: The bill removes the concept of "Waqf by user," meaning that a property cannot be considered Waqf solely based on prolonged usage for religious purposes. A formal declaration or endowment is now required.  
• Eligibility for Creating Waqf: Only individuals who have practiced Islam for at least five years and own the property can now dedicate it as Waqf.  
• Composition of Waqf Boards: The bill allows for the inclusion of non-Muslim members in both the Central Waqf Council and the State Waqf Boards. The method of appointment for members has also been changed to nomination by the government.  
• Role of Government Officials: The District Collector will now oversee Waqf land surveys, and an officer above the rank of Collector will investigate government properties claimed as Waqf.  
• Waqf Tribunals: The composition of Waqf Tribunals has been changed, removing the mandatory inclusion of a Muslim law expert. Appeals against tribunal decisions can now be filed in the High Court.  
• Audit of Waqf Accounts: The Comptroller and Auditor General (CAG) or a designated officer can now audit Waqf accounts, shifting some power from state governments.  
• Separate Waqf Boards: The bill allows for the creation of separate Waqf Boards for the Bohra and Agakhani communities, in addition to the existing Sunni and Shia Boards.  
• Centralized Portal: The bill aims to establish a central digital portal for the registration and management of Waqf properties to enhance transparency.

Potential Effects:

The changes brought about by the Waqf (Amendment) Bill, 2025, could have several effects:

• Increased Government Oversight: The increased role of government officials in surveys, investigations, and the composition of Waqf Boards suggests greater government control over Waqf affairs.
• Reduced Autonomy of Waqf Boards: The shift from elected to nominated members and the inclusion of non-Muslims could potentially reduce the autonomy of Muslim communities in managing their religious endowments.  
• Impact on "Waqf by User" Properties: The removal of this principle could affect numerous properties that have been traditionally used for religious purposes but lack formal documentation.  
• Potential for Disputes: Changes in the definition of Waqf and the process of determining ownership could lead to new legal disputes.
• Improved Transparency: The emphasis on digitization and centralized record-keeping could lead to greater transparency in the management of Waqf properties, potentially reducing corruption and mismanagement.  
• Empowerment of Women: Some provisions, like ensuring women's inheritance rights and promoting their representation, could have a positive impact.  
• Concerns about Minority Rights: Critics argue that the bill infringes upon the religious freedom and rights of Muslims to manage their own religious affairs.  

Constitutional Validity:

The constitutional validity of the Waqf Board and the recent amendments has been a subject of debate and legal challenges.  

• Arguments for Validity: The state has the authority to regulate religious endowments for the purpose of better management and to prevent misuse of funds and properties. This is often seen as falling under the state's power to legislate on matters of public order and welfare.
• Arguments Against Validity/Amendments:
  • Discrimination: Some argue that the Waqf Act, being specific to one religious community without similar comprehensive laws for others, violates Article 14 (equality before the law) of the Constitution.  
  • Religious Freedom: Concerns have been raised that the amendments, particularly regarding the composition of the boards and government oversight, could infringe upon the rights of religious denominations to manage their own affairs as guaranteed under Article 26 of the Constitution.
  • Secularism: Some view the direct government involvement and the inclusion of non-Muslims in religious bodies as potentially conflicting with the secular nature of the state.  
  • Property Rights: The removal of "Waqf by user" and the changes in determining Waqf status could impact the property rights of individuals and institutions.

Several petitions have already been filed in the Supreme Court challenging the constitutional validity of the Waqf (Amendment) Bill, 2025. The courts will ultimately decide on the legality of the Act and its amendments based on the provisions of the Constitution.  

In conclusion, the Waqf Board is a body managing Muslim religious endowments. ¹ The recent amendments by the government aim to bring changes in its structure, functioning, and the definition of Waqf. ² These changes have the potential for both positive reforms and negative impacts on the autonomy and rights of the Muslim community, leading to legal challenges regarding their constitutional validity. ³ Whether the Waqf Board should continue to exist under the Constitution is a question that is currently being debated and will likely be determined by the judiciary.