What is Waqf ? Waqf (Amendment) Bill, 2025

What is Waqf ?

The term Waqf refers to a charitable endowment under Islamic law. A Waqf is the permanent dedication of a portion of a person's wealth or property—such as land, money, or buildings—for a religious, educational, or charitable purpose. Once established, a Waqf cannot be sold, inherited, or altered by the donor, and the property or income generated from it is meant to benefit a specific cause or the community. Waqf properties are managed by a board or trustee, often referred to as a Waqf Board, which oversees the use of the assets for the designated purpose.

In India, Waqf properties often include mosques, schools, hospitals, and charitable organizations. The Waqf Act of 1995 was introduced to regulate and manage these properties. However, over the years, there have been concerns regarding the mismanagement and corruption in Waqf institutions, prompting calls for reforms.

                        

Waqf (Amendment) Bill, 2025

The Waqf (Amendment) Bill, 2025 seeks to amend the existing Waqf Act of 1995, bringing significant reforms to improve the governance and management of Waqf properties in India. The bill aims to modernize the management system, increase transparency, and ensure that Waqf properties are used effectively for their intended purposes.

Here are the key provisions and major changes introduced by the Waqf (Amendment) Bill, 2025:

1. Enhanced Governance and Representation:

- The bill introduces a diverse governance structure for Waqf institutions. 

- One of the major changes is the inclusion of non-Muslim members in the Central Waqf Council and State Waqf Boards, which have traditionally been composed of Muslim individuals. This aims to promote inclusivity and ensure broader oversight.

- The bill mandates gender representation, requiring at least two Muslim women to be included in the Central Waqf Council and State Waqf Boards. This is intended to empower women and ensure their participation in the management of Waqf properties.

2. Government Oversight and Ownership Verification:

- The bill grants the government increased authority over the verification of ownership and disputes concerning Waqf properties. It allows the government to determine the ownership of disputed properties, which has been a long-standing issue.

- There are concerns that this provision could lead to government overreach in religious affairs, potentially impacting Waqf properties that lack proper documentation.

     

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3. Technology and Digitization:

- The bill calls for the digitization of Waqf property records, aiming to improve transparency, reduce mismanagement, and streamline the process of property registration and management.

- Technology will be used to maintain clear financial records, ensure better auditing practices, and make property management more efficient.

4. Stricter Penalties and Accountability:

- The Waqf (Amendment) Bill introduces stricter penalties for mismanagement, corruption, or misuse of Waqf properties.

- It mandates regular audits and financial transparency, ensuring that all transactions and property dealings are properly documented and accounted for.

5. Focus on Gender and Religious Inclusivity:

- By requiring Muslim women’s representation on Waqf governing bodies and expanding the role of non-Muslims in the management of Waqf properties, the bill aims to increase gender and religious inclusivity within the Waqf governance system.

6. Reforms in Disputed Properties:

- The bill addresses the issue of disputed Waqf properties and aims to resolve ownership conflicts, which have historically led to the loss of valuable religious and charitable assets. 

- The government will be involved in verifying the ownership and status of such properties, ensuring that legal disputes are resolved more effectively.

Reactions and Controversies:

Support for the Bill:

- Proponents argue that the bill will help eliminate corruption, improve the management of Waqf properties, and ensure that these properties are used effectively for the welfare of the community.

- Supporters also highlight that the inclusion of women and non-Muslims is a step toward greater inclusivity and transparency.

Opposition and Concerns:

- Critics argue that the bill gives the government too much control over Waqf properties, potentially infringing on religious autonomy.

- Some Muslim organizations and political leaders are concerned that the inclusion of non-Muslims in the governance of Waqf bodies could undermine the religious and cultural significance of these institutions.

- There are also fears that properties that lack formal documentation may be at risk of being seized or misappropriated, especially in cases where ownership is disputed.

Legal Challenges:

- The bill has faced legal challenges in the Supreme Court from opposition parties and Muslim leaders who claim that it violates constitutional rights and religious freedoms.

- Notable figures like Asaduddin Owaisi (AIMIM) and Mohammad Jawed (Congress) have raised objections, calling the bill discriminatory and a breach of Muslim rights.

Conclusion:

The Waqf (Amendment) Bill, 2025 represents a significant overhaul of how Waqf properties are managed in India. It aims to modernize governance, ensure better oversight, and address long-standing issues of mismanagement and corruption. However, the bill has sparked controversy, with debates over the balance of government control, religious autonomy, and the inclusion of women and non-Muslims in Waqf governance. The outcome of ongoing legal challenges will determine the future of the bill and its implications for Waqf properties in India. Waqf (Amendment) Bill, 2025 represents a significant overhaul of how Waqf properties are managed in India. It aims to modernize governance, ensure better oversight, and address long-standing issues of mismanagement and corruption. However, the bill has sparked controversy, with debates over the balance of government control, religious autonomy, and the inclusion of women and non-Muslims in Waqf governance. The outcome of ongoing legal challenges will determine the future of the bill and its implications for Waqf properties in India.

Written by

Neelam

Advocate

District & High Court of Delhi 

Feel free to contact us :-

9958449776,9625191534

The Appointment of the Chief Justice of India: A Constitutional and Judicial Perspective

The process of appointing the Chief Justice of India (CJI) is an integral part of India's judicial system, ensuring both judicial independence and a smooth transition of leadership within the highest court of the land. While the Indian Constitution does not specifically enumerate the procedure for the appointment of the CJI, it outlines the establishment of the Supreme Court of India and designates the position of the Chief Justice under Article 124(1). Over time, judicial precedents have shaped the process, particularly the interpretation of Articles 124(2) and 124(1), and the norms governing the selection of the CJI.

Constitutional Framework and Judicial Precedents

Article 124(1) of the Indian Constitution simply states that there shall be a Supreme Court, and that it shall consist of a Chief Justice and such other judges as the President may deem fit. Article 124(2) further empowers the President to appoint the Chief Justice of India, albeit the method and criteria for this appointment have been influenced by judicial interpretations over the years.

In the landmark Second Judges Case (1993), the Supreme Court clarified that the appointment of the Chief Justice must follow the principle of seniority. This ruling established that the President of India must appoint the senior-most judge of the Supreme Court as the Chief Justice. The Court held that the "seniority principle" serves to maintain the independence and impartiality of the judiciary, preventing political influence in the selection of the highest judicial officer. However, the Constitution does not expressly codify this requirement, leaving it to the judicial interpretations to define the specifics.

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Further refinement came in the Third Judges Case (1998), which resulted in the creation of the "collegium system." The collegium comprises the Chief Justice of India and a group of the next four senior-most judges of the Supreme Court. The Third Judges Case expanded on the Second Judges Case by emphasizing that the Chief Justice of India should consult with a plurality of senior judges before making recommendations regarding judicial appointments and transfers. In this context, the collegium system aims to ensure a collective decision-making process, reducing the risk of bias or undue influence in the selection of judges.

While the Supreme Court has stated that the CJI should generally be the senior-most judge, the President retains the discretion to appoint any judge of the Supreme Court to the position. This means that, in rare instances, the President may bypass the seniority principle, though such a decision has the potential to undermine the traditional norms of judicial independence.

Role of the President and the Prime Minister

Although the President of India holds the constitutional authority to appoint the Chief Justice of India, this decision is made based on the advice of the Union Law Minister, who in turn advises the Prime Minister. The Prime Minister then forwards the recommendation to the President. In practice, however, the appointment of the CJI is guided by the collegium's recommendation, a practice rooted in the Third Judges Case (1998). This system effectively minimizes executive interference in judicial appointments and reinforces the separation of powers between the judiciary and the executive.

Oath of Office and Tenure

Upon appointment, the Chief Justice of India takes an oath of office before the President of India, as per the constitutional requirement. The CJI holds office until the age of 65, or until retirement, whichever occurs first. This age limit ensures that the leadership of the Supreme Court remains dynamic, with the position being filled by the next most senior judge once the incumbent demits office. Should the office of the CJI become vacant due to retirement or other reasons, the President appoints the next senior-most judge of the Supreme Court.

Conclusion

The appointment of the Chief Justice of India is an evolving process, influenced by both constitutional provisions and judicial interpretations. While the principle of seniority remains a cornerstone of the selection process, the collegium system has provided a mechanism for greater transparency and collective decision-making. This system safeguards judicial independence by ensuring that appointments are made without undue influence from the executive. Ultimately, the independence and integrity of the judiciary depend on the consistent application of these norms, ensuring that the Chief Justice of India remains a symbol of impartiality and constitutional stewardship.