Waqf Bill: JPC has extensive power, LS Speaker rules

New Delhi(The Uttam Hindu):  During parliamentary proceedings on Wednesday, Revolutionary Socialist Party's N.K. Premchandan raised a point of order, stating, "As reported by the Joint Parliamentary Committee, we are not deliberating upon the original Bill. My submission pertains to whether the Joint Parliamentary Committee possesses the authority to incorporate new provisions into the Bill." He further asserted that even the Lok Sabha lacks the right to introduce new provisions unless Rule 81 is suspended by the Chair. Premchandan emphasised that while the Joint Parliamentary Committee may recommend amendments, it cannot directly incorporate new provisions. Responding to this, Union Home Minister Amit Shah clarified that the Bill had been tabled in the House upon the Opposition's demand for its referral to the Joint Parliamentary Committee. The committee presented its opinions, which were subsequently reviewed and accepted by the Cabinet.

Shah stated that Minister Kiren Rijiju (Union Parliamentary Affairs minister) would now table the Bill in the House. He dismissed the point of order, arguing that if the Joint Parliamentary Committee, formed at the Opposition's request, lacked the authority to provide opinions, its existence would be rendered meaningless. Shah remarked, "Our committees are not akin to those established during the Congress regime, which merely served to rubber-stamp decisions. If changes are not to be accepted, what purpose does a committee serve?" Speaker Om Birla then passed a ruling regarding the Waqf Amendment Bill 2025, referencing the authoritative text (Practice and Procedure of Parliament) by M.N. Kaul and S.L. Shakdhar.

He affirmed that the committee holds extensive powers, enabling it not only to amend but also to reformulate the Bill. The committee may even alter the title or provide a concise name for the Bill, provided its essence remains unchanged. The Speaker noted that similar amendments had been made by other committees in the past. The Bill, introduced in Parliament last year amidst Opposition uproar, was referred to a Joint Parliamentary Committee chaired by BJP MP Jagadambika Pal for scrutiny. On February 13, the committee submitted its report, which received Cabinet approval on February 19. However, Opposition MPs expressed dissatisfaction, alleging that their proposed amendments had been rejected and their dissent notes redacted from the report without prior notification.

The committee reportedly accepted 14 changes proposed by NDA MPs while rejecting all 44 amendments suggested by Opposition members. Key proposed changes include renaming the Act, allowing a non-Muslim to become the Chief Executive Officer of the Waqf board, making a provision for at least two non-Muslim members to be appointed by state governments to their state’s Waqf board, giving the District Collector the power to determine if a disputed property is Waqf or belongs to the government, doing away with the concept of “Waqf by user”, mandating that every Waqf property be registered on a central database within six months of the law’s commencement, and removal of the provision that made the tribunal’s decision final. Updating the definition of waqf, streamlining the registration process, and incorporating technology to improve the maintenance of waqf records are also in the amendment Bill.

The Waqf Act, 1995, has faced sustained criticism for issues such as mismanagement, corruption, and encroachment of Waqf properties. Waqf, an Arabic term meaning "endowment," refers to personal property donated by Muslims for religious, charitable, or private purposes. Once declared as Waqf, the property’s ownership is considered to belong to God, and its character cannot be reversed. The governance of Waqf properties in India has evolved through various legal regimes, culminating in the Waqf Act of 1995. Waqf Boards currently control 8.7 lakh properties covering 9.4 lakh acres, with an estimated value of Rs 1.2 lakh crore. India has the largest waqf holding in the world. The Boards are also the country's biggest landowners after the Armed Forces and Indian Railways.