Waqf, Central Waqf Council, Schedules V and VI of Constitution, Limitation Act 1963, Cognizable Offense, Rights to Equality (Article 14), Article 26, For Prelims: Waqf (Amendment) Act, 2025 Parliament, Waqf Act,1995, Mutawallis, Limitation Act, 1963, Rights to Equality (Article 14), Article 26.
The Waqf (Amendment) Act, 2025 and related concerns, Religious autonomy vs state intervention, Minority rights and constitutional safeguards, Secularism and governance, Property rights in India, Role of statutory bodies in minority welfare, Tribal land rights and Schedule V & VI, Legal reforms and access to justice, Inter-faith representation in statutory bodies, Role of digitization in public administration.
May 19, 2025
10
mins read
The Waqf (Amendment) Act, 2025, officially titled the UMEED Act (Unified Management, Empowerment, Efficiency, and Development), marks a significant reform of the Waqf Act of 1995. Passed by the Indian Parliament in April 2025 and receiving Presidential assent soon after, this legislation introduces sweeping changes to the governance, transparency, and efficiency of Waqf property management across India.
Originally introduced in 2024, the UMEED Bill underwent detailed scrutiny by a Joint Parliamentary Committee (JPC) and was shaped by public consultations before its final enactment. While the Act aims to modernize the Waqf system by addressing long-standing issues of mismanagement, lack of accountability, and opacity, it has also sparked debates over its impact on minority rights, religious autonomy, and the centralization of control.
This topic is highly relevant for UPSC aspirants, particularly for GS Paper II (Polity and Governance) in the Mains, and for questions related to current affairs and legislative developments in the Prelims. Understanding the provisions, objectives, and criticisms of the UMEED Act is crucial for a balanced and analytical approach in the UPSC exam.
A Waqf is a property donated by Muslims for a specific religious, charitable, or private purpose. Ownership of the property is considered to belong to God, while its benefits are directed to the specified purposes.
Establishment: A Waqf can be established through a written deed, legal instrument, or orally.
Use and Permanence: A property may be recognised as Waqf if it has been used for religious or charitable purposes over an extended period.
Irrevocability: Once a property is designated as waqf, it cannot be reclaimed or altered by the donor.
However, not all Islamic countries have Waqf properties. Countries like Turkey, Libya, Egypt, Sudan, Lebanon, Syria, Jordan, Tunisia, and Iraq lack Waqfs.
In contrast, India has Waqf Boards as the largest urban landowners, with legal protection under an Act.
Waqf Boards in India oversee approximately 8.7 lakh properties covering around 9.4 lakh acres of land, with an estimated worth of ₹1.2 lakh crore.
Further, Waqf Board is the largest landowner in India after the Armed Forces and the Indian Railways.
Table of content
Waqf: An Islamic endowment of property for religious or charitable purposes, with the property held in trust and its benefits used for specified objectives.
Waqf Act, 1995: Established to provide a comprehensive framework for the administration of Waqf properties in India, including the formation of Central and State Waqf Boards.
Waqf (Amendment) Act, 2001: This amendment focused on improving the governance structure of Waqf Boards and granted more powers to the Central Waqf Council to coordinate between the boards and government.
Waqf (Amendment) Act, 2013: Introduced stricter rules for the registration and survey of Waqf properties. It made encroachment on Waqf land a cognizable offense and enhanced the role of Waqf Boards in protecting such properties.
Waqf (Amendment) Act, 2025: The latest reform, renaming the Act as the UMEED Act, emphasizes inclusivity, digitization, and the protection of tribal and individual property rights while enhancing transparency and reducing mismanagement.
The Waqf Act, 1995 was enacted by the Indian Parliament to consolidate and provide for the better administration of Waqf properties in India. It aimed to bring uniformity across the country in the governance of Waqf properties, establish structured boards at the central and state levels, and ensure proper use of these assets for the benefit of the community. This Act replaced earlier fragmented legislation and brought clarity to the management of Waqf estates.
Key Features of the Waqf Act, 1995:
Establishment of Waqf Boards: Provision for setting up Central and State Waqf Boards to supervise and manage Waqf properties.
Mandatory Registration: All Waqf properties had to be registered with the respective State Waqf Boards to maintain proper records.
Survey of Waqf Properties: States were mandated to conduct regular surveys of Waqf assets and report them to the Central Waqf Council.
Powers of Waqf Boards: Empowered to remove encroachments, manage finances, approve leasing decisions, and ensure that the income from Waqf properties was utilized properly.
Establishment of Tribunals: Special Waqf Tribunals were set up to resolve disputes related to Waqf properties efficiently.
Audit and Accountability: Required regular auditing of accounts of Waqf Boards to ensure transparency.
Protection Against Alienation: Any transfer, sale, or mortgage of Waqf property without prior approval was deemed void.
Addressing Historical Mismanagement: For decades, numerous Waqf properties across India were poorly managed, with many cases of illegal encroachment, lack of audits, and disputes. A report by the Sachar Committee (2006) also highlighted how valuable Waqf assets were not being used effectively for community welfare.
Preventing Arbitrary Property Declarations: Provisions like Section 40 and the 'Waqf by user' doctrine enabled Waqf Boards to declare properties as Waqf without formal ownership records, often leading to legal conflicts and distress among property holders.
Ensuring Protection of Tribal and Private Land: Several instances emerged where Waqf claims overlapped with tribal or privately held land, especially in Scheduled Areas. The amendment addresses this conflict by ensuring legal protection of such vulnerable lands.
Incorporating Technological Solutions: Despite millions of Waqf properties nationwide, digitization efforts remained minimal. The amendment mandates a unified digital portal for property records, aiding in better governance and accountability.
Strengthening Legal Framework: The previous legal framework lacked clear limitation periods and avenues for appeal. The 2025 amendment introduces the Limitation Act and a route to appeal at the High Court level, streamlining legal remedies.
Promoting Inclusivity and Representation: By allowing diverse representation, including non-Muslim members, the Act aligns with modern democratic principles and enhances the scope of decision-making in Waqf Boards.
1. Renaming and Rebranding
The Act has been renamed as the UMEED Act to reflect its broader objectives of reform and modernization.
2. Inclusion of Non-Muslim Members
Provision for the inclusion of non-Muslim representatives in Central and State Waqf Boards to promote inclusivity and diverse perspectives in Waqf administration.
3. Abolition of 'Waqf by User'
The concept of declaring a property as Waqf based solely on its long-term use for religious purposes has been removed to prevent arbitrary claims.
4. Removal of Section 40
Section 40, which allowed Waqf Boards to unilaterally declare any property as Waqf, has been abolished to safeguard individual property rights.
5. Eligibility Criteria for Waqf Dedication
Only practicing Muslims for at least five years are now eligible to dedicate property as Waqf, reinstating pre-2013 regulations.
6. Protection of Inheritance Rights
Ensures that women and children receive their rightful inheritance before any property is declared as Waqf, with special safeguards for widows, divorced women, and orphans.
7. Application of Limitation Act, 1963
Introduces the applicability of the Limitation Act to Waqf properties, aiming to minimize prolonged legal disputes.
8. Protection of Tribal Lands
Explicitly prohibits the establishment of Waqf on lands falling under the purview of Schedules V and VI of the Constitution to safeguard tribal rights.
9. Digitization and Transparency
Mandates the registration of all Waqf properties on a centralized portal within six months to enhance transparency and record-keeping.
10. Financial Reforms
Reduces the mandatory contribution of Waqf institutions to Waqf Boards from 7% to 5%, allowing more funds to be directed toward charitable activities.
Enhanced Transparency: The digitization of Waqf properties and a centralized portal make tracking and managing these assets more efficient. This directly addresses the rampant corruption and undocumented holdings that plagued earlier decades. The Central Waqf Council’s 2017 report found that only 1.5 lakh out of 6 lakh Waqf properties were digitally recorded at the time—this amendment mandates full digital coverage.
Inclusivity in Governance: Including non-Muslim members and a diverse array of Muslim sects democratizes the board composition. This change is aligned with Article 15 and Article 16 of the Constitution, which promote non-discrimination and equal opportunity in public employment and institutions.
Strengthening Property Rights: By abolishing the 'Waqf by user' concept and Section 40, the amendment ensures better protection of private and tribal landowners against retrospective and arbitrary Waqf claims. For instance, the Himachal Pradesh Waqf Board faced backlash in 2020 for declaring properties Waqf without formal documentation.
Legal and Judicial Streamlining: Applying the Limitation Act, 1963, brings Waqf disputes under a reasonable legal timeframe, reducing backlogs. The inclusion of an appellate route to the High Court enhances legal recourse and aligns with Article 226.
💡 Quick Note for Aspirants: Want to master topics like the Waqf (Amendment) Bill 2025 / UMEED Act for your UPSC IAS exam? The PadhAI App is your one-stop solution for everything—from daily news analysis and previous year questions (PYQs) to AI-powered tutor chat, mock tests, and CSAT practice. Stay ahead in UPSC Prelims and Mains, especially in areas like minority rights, governance reforms, and constitutional provisions on religious institutions!
Erosion of Religious Autonomy: Critics argue that allowing non-Muslim members into Waqf governance violates Article 26(b) of the Constitution, which gives every religious denomination the right to manage its own affairs. Prominent Muslim organizations like AIMPLB have called this an "infringement" on religious self-governance.
Possibility of State Overreach: Giving authorities discretion to verify Waqf property origins, especially after the removal of Section 40, may allow state machinery to interfere in religious matters. Past examples, such as the Tamil Nadu Waqf Board’s 2022 property listings, led to tensions over private lands being erroneously classified.
Loss of Cultural and Historical Waqf Claims: The elimination of the 'Waqf by user' doctrine may jeopardize claims to historically significant mosques and dargahs that lack proper paperwork. This could particularly affect older institutions in cities like Hyderabad or Delhi where centuries-old religious structures are still in use but lack legal title.
Pending Legal Scrutiny: Multiple petitions challenging the constitutionality of the Act are under review by the Supreme Court. The legal community remains divided—some see this as a much-needed administrative overhaul, while others believe it dilutes minority protections granted under Articles 29 and 30.
The Waqf (Amendment) Act, 2025 represents a significant legislative effort to reform the management of Waqf properties in India. While it aims to enhance transparency and inclusivity, it also raises critical questions about religious autonomy and minority rights. A nuanced understanding of this Act is essential, encompassing its objectives, provisions, and the broader socio-political implications.
