Waqf Act: The Indian government has introduced significant reforms to the country’s Waqf property management system through the Waqf Amendment Bill 2025, which was presented in the Lok Sabha this Wednesday. The proposed changes have sparked intense political debate, particularly regarding the removal of a key provision that currently gives Waqf Boards substantial authority over property disputes.
The controversy is the basically about the complete scraping off of Section 40 from the existing Waqf Act. This section currently empowers Waqf Boards to independently determine whether disputed properties qualify as Waqf properties.
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During parliamentary discussions, Trinamool Congress MP Kalyan Banerjee strongly criticized this change, stating: “If Section 40 is deleted, the Waqf Board will be a teethless doll… a doll only. If this section is deleted then there is no necessity to keep the Waqf Board itself.” Reported Business Standard
Waqf Act: Current Powers Under Section 40
The existing Section 40 grants Waqf Boards several important authorities. The boards can initiate investigations into any property they suspect might be Waqf property. When disputes arise about a property’s classification, the board conducts inquiries and makes binding decisions that can only be overturned by specialized Waqf Tribunals, not by regular government authorities.
The provision also allows Waqf Boards to examine properties registered under other trust laws. If they determine such properties should be classified as Waqf properties, they can require the current trustees to either re-register the property under Waqf laws or present arguments against doing so. The board’s final decision on these matters stands unless modified by the Waqf Tribunal.
Impact of the Proposed Changes
The amendment’s removal of Section 40 would fundamentally alter how Waqf properties are identified and managed. Without this provision, the Waqf Boards would lose their autonomous decision-making power regarding property classifications. This has raised concerns among some community representatives who view the change as weakening an important institution for Muslim property management.
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Supporters of the amendment argue it will bring more transparency and oversight to Waqf property administration. However, critics maintain that eliminating the board’s independent authority could make the system more vulnerable to political interference and bureaucratic delays.
Ongoing Parliamentary Process and Future Implications
As the bill moves through the legislative process, further debates are expected in both houses of Parliament. The outcome will determine whether India’s Waqf property management system maintains its current structure or undergoes significant restructuring. Community leaders, legal experts, and political representatives continue to analyze how these changes might affect the thousands of Waqf properties across the country and the institutions that depend on them.
