07 Apr Reforming Waqf Laws: Parliament’s 2025 Intervention
This article covers “Daily Current Affairs” and the Topic of Reforming Waqf Laws: Parliament’s 2025 Intervention
SYLLABUS MAPPING:
GS-02 – Polity & Governance : Reforming Waqf Laws: Parliament’s 2025 Intervention
FOR PRELIMS
how the legislative procedure for passing the Bill, Role of Parliament and there types of amendment.
FOR MAINS
Role of the Indian Parliament in reforming statutory bodies through legislation,in the context of Indian federalism.
Why in the News?
In April 2025, the Parliament of India passed the Waqf (Amendment) Bill, 2025, introducing key changes to the governance, survey, and transparency of Waqf properties in India. The bill, with its social, legal, and political implications, became a subject of intense parliamentary debate and media attention. This article elaborates on the procedure of passing bills, the constitutional mandate, types of bills, and finally dives into the specifics of the Waqf (Amendment) Bill itself.
Procedure of Passing Bills in the Indian Parliament
he Indian Parliament follows a well-defined legislative process for introducing and passing bills. Here’s a comprehensive breakdown:
1. Drafting Stage: A bill begins as a proposal by a ministry, often after stakeholder consultation. Drafts are vetted by the Ministry of Law and Justice for legal coherence.
2. Cabinet Approval: The draft bill is presented to the Union Cabinet for approval before tabling in Parliament.
3. First Reading (Introduction Stage): The bill is introduced in either House (except Money Bills, which only start in Lok Sabha). Example: The Waqf (Amendment) Bill, 2025 was introduced in the Lok Sabha by the Minister of Minority Affairs.
4. Second Reading:
General Discussion: Members discuss the general merits of the bill.
Committee Consideration (if referred): A Parliamentary Standing or Select Committee scrutinizes the bill clause by clause.
Example: The Data Protection Bill 2023 was referred to a Joint Committee of Parliament.
Clause-by-Clause Consideration: The bill is debated and amended in the House.
5. Third Reading
The bill is debated in its final form and voted on. Minimal changes are allowed.
Requires a simple majority (in the case of Ordinary Bills).
6. Passage in Second House
The same process is repeated in the other House.
If the second House rejects the bill or fails to act, a joint sitting under Article 108 may be called.
7. Presidential Assent
Once both Houses pass the bill, it goes to the President of India.
The President can:
Give assent
Withhold assent
Return (except Money Bills) for reconsideration
Constitutional Mandate: Origin, Adoption, and Relevant Articles
a. Origin and Adoption
The Constitution of India was adopted on 26th November 1949 and came into force on 26th January 1950.
It established a bicameral legislature (Lok Sabha and Rajya Sabha) under Article 79.
b. Relevant Constitutional Articles
| Article | Provision | Example |
|---|---|---|
| Art. 107 | Procedure for passing bills | Used in framing the Waqf (Amendment) Bill |
| Art. 108 | Joint sitting mechanism | Invoked for the Prevention of Terrorism Bill, 2002 |
| Art. 110 | Defines a Money Bill | Example: Finance Bill 2024 |
| Art. 111 | Presidential Assent | Farm Laws (Repeal) Bill, 2021 got quick assent |
| Art. 368 | Amendment of Constitution | Example: GST Amendment (101st Amendment Act) |
These articles ensure the sanctity, scrutiny, and structure of legislative practices in the world’s largest democracy.
Types of Bills in Parliament
1. Ordinary Bills: Deal with general subjects like civil law, education, administration. Can be introduced in either House. Passed by simple majority. Example: The Waqf (Amendment) Bill, 2025 is an Ordinary Bill.
2. Money Bills (Article 110): Concerned with taxation, borrowing, or expenditure from the Consolidated Fund of India. Can only be introduced in Lok Sabha with President’s recommendation.Rajya Sabha has limited powers. Example: Finance Bill 2025.
3. Financial Bills: Broader than Money Bills, also contain non-money clauses. Require approval of both Houses. Example: Appropriation (No. 2) Bill, 2023.
4. Constitutional Amendment Bills: Related to amending provisions of the Constitution. Passed by a special majority under Article 368. Some amendments require ratification by half of the states. Example: 103rd Amendment (EWS Quota).
4. The Waqf (Amendment) Bill, 2025: Features and Significance
| S.No | Provision | Old Waqf Act (Before Amendment) | Waqf (Amendment) Bill, 2025 |
| 1 | Survey Authority | Survey of Waqf property was conducted by the Waqf Board through the Survey Commissioner. | Survey to be conducted by the District Collector to ensure neutrality and remove arbitrary claims. |
| 2 | Declaration of Waqf Property | Properties could be declared Waqf based on oral evidence or vague historical records. | Declaration requires documentary evidence like registered waqf deed, government notification, etc. |
| 3 | Inclusion of Government Land as Waqf | No explicit bar; many government properties were claimed as Waqf. | Explicit prohibition on declaring Central/State Govt. lands as Waqf. |
| 4 | Public Objection Mechanism | No structured provision for public objection during survey. | Introduces public notice and objection mechanism to raise concerns before final listing. |
| 5 | Digital Monitoring | Digitization was partial and non-mandatory; WAMSI portal used inconsistently. | Mandatory integration with WAMSI (Waqf Asset Management System of India) for transparency and digital record-keeping. |
| 6 | Burden of Proof | Burden to disprove Waqf claims lay on the challenger or landowner. | Burden now lies on the Waqf Board to prove with documents that land is truly Waqf. |
| 7 | Encroachment Actions | Enforcement against encroachers was slow and Waqf Board dependent. | District Administration empowered for swift action against encroachment. |
| 8 | Transparency and Accountability | Complaints of misuse and non-disclosure of assets were common. | Mandatory audits, public disclosure, and asset mapping. Regular reporting to Parliament. |
| 9 | Litigation and Tribunal Access | Limited judicial recourse and Waqf Tribunal had wide powers. | Narrows scope of Tribunal, enhances role of Civil Courts, improves access to justice. |
| 10 | Scope of ‘Waqf by User’ | Properties frequently declared Waqf by “longstanding user claim”. | Prohibits the use of “Waqf by User” without supporting historical documentation. |
Conclusion
The Waqf (Amendment) Bill, 2025 is a critical legislative step in modernizing the management of religious endowments while protecting public and private property from wrongful encroachment. It reaffirms the principles of secularism, transparency, and justice under the Indian Constitution. The bill also reflects the dynamic balance between religious rights and public interest, a core challenge in India’s pluralistic democracy. By understanding its constitutional foundation, legislative process, and contemporary context, this bill serves as a case study in how democratic institutions evolve to address long-standing issues with constitutional tools.
Download Plutus IAS Current Affairs (Eng) 07th Apr 2025
Prelims Questions
1. It prohibits the declaration of any Central or State government land as Waqf property.
2 . The Bill empowers the District Collector to conduct waqf property surveys.
3. The amendment allows oral evidence as the primary source to declare a Waqf property.
Which of the statements given above is/are correct?
A. 1 and 2 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2, and 3
Answer: A
Mains Questions
Q. How does the Waqf (Amendment) Bill, 2025 strike a balance between minority rights and public land protection? Discuss with constitutional and legal references. (250 words, 15marks)
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