The Need for the Waqf Amendment Bill, 2024

The Waqf Amendment Bill, 2024, introduced in the Lok Sabha on August 28, 2024, proposes groundbreaking reforms to the adjudication and governance of waqf properties in India. Among its key provisions, the amendment allowing appeals from Waqf Tribunal decisions to the High Court has garnered significant attention. This change addresses critical legal and structural deficiencies in the current system, reinforcing accountability and enhancing justice delivery. This article explores why this amendment is necessary, highlighting the need for High Court oversight over Waqf Tribunals.

Contextualizing Waqf Governance

Waqf, rooted in Islamic jurisprudence, involves the permanent dedication of property for religious, charitable, or pious purposes. Governed by the Waqf Act, 1995, these properties are managed by State Waqf Boards under the supervisory aegis of the Central Waqf Council. With over 8.7 lakh registered waqf properties across India, their proper administration is vital not only to the preservation of cultural heritage but also to ensure their utility in community welfare.

The Waqf Act of 1995, established Waqf Tribunals to resolve disputes related to these properties, granting them exclusive jurisdiction in such matters. However, under the current framework, Tribunal decisions are deemed final, limiting avenues for appeal to the High Court. This arrangement, while aimed at expediting dispute resolution, has led to concerns about inconsistent rulings, lack of transparency, and potential misuse of power. The Waqf Amendment Bill, 2024, seeks to address these issues by revoking the finality of Tribunal decisions and enabling appeals to the High Court.

High Court Oversight: Why It Matters

The provision allowing appeals to the High Court is not merely procedural; it reflects a critical shift in ensuring judicial uniformity, transparency, and accountability in waqf-related adjudication. Waqf Tribunals, operating at the state level, often diverge in their application of law due to differing interpretations of Islamic jurisprudence and procedural rules. This inconsistency hampers the development of a cohesive waqf jurisprudence across the country. High Courts, as constitutional courts with broader jurisdiction, can harmonise these interpretations, fostering legal uniformity.

Additionally, the removal of the mandatory requirement for Muslim law experts in Waqf Tribunals, as proposed by the Bill, raises concerns about the competence of these bodies to handle intricate waqf disputes. High Court oversight serves as a vital corrective, ensuring that decisions reflect  constitutional principles as well as a nuanced understanding of Islamic law. High Court judges, with their extensive training and experience, are better positioned to adjudicate complex legal questions that arise in waqf disputes.

The Sachar Committee and other studies have documented lapses in the management of waqf properties, including allegations of mismanagement and corruption. Allowing appeals to the High Court introduces an additional layer of scrutiny, providing a safeguard against potential arbitrariness or bias in Tribunal decisions. This measure also builds public confidence in the adjudication process by making it more transparent and accountable. Furthermore, waqf disputes often involve fundamental rights under Articles 25 and 26 of the Constitution, which guarantee religious freedom and the autonomy of religious denominations in managing their affairs. High Court oversight ensures that Tribunal decisions align with constitutional mandates, preventing any infringement on the rights of affected parties.

The principle of constitutional supremacy asserts that the Constitution is the supreme law of the land. High Courts and the Supreme Court are the guardians and interpreters of the Constitution. Their jurisdiction over legal matters ensures that High Courts have the authority to review the constitutionality of laws passed  and actions taken by the legislature or executive, thereby preserving the checks and balances inherent in the constitutional framework. By allowing appeals from Waqf Tribunals, the amendment ensures that Tribunal decisions align with constitutional mandates. Under Articles 32 and 226 of the Indian Constitution, the Supreme Court and High Courts respectively have jurisdiction to protect fundamental rights. Waqf disputes often involve fundamental rights under Articles 25 and 26, which guarantee religious freedom and the autonomy of religious denominations in managing their affairs. High Court oversight ensures that Tribunal decisions do not infringe upon these rights, upholding justice and constitutional values.

The rule of law is fundamental to democracy, ensuring equality and accountability for all. High Courts and the Supreme Court uphold this principle by addressing inconsistencies in Waqf Tribunals, which, as previously noted, often vary in their application of Islamic law and procedural rules at the state level. 

Addressing Challenges to Implementation

While the addition of High Court oversight is a laudable reform, it is not without challenges. High Courts in India are already burdened with extensive caseloads, and allowing waqf-related appeals could increase the backlog, leading to further delays in dispute resolution. To mitigate this, High Courts could establish dedicated benches for waqf appeals, staffed with judges trained in waqf law and Islamic jurisprudence.

Another concern is the risk of diluting specialised knowledge. Waqf disputes often involve intricate questions of Muslim personal law. The removal of experts from Waqf Tribunals and reliance on High Courts may dilute the focus on specialized adjudication. To address this, High Court judges could undergo targeted training programs in waqf jurisprudence to build their expertise.

Moreover, the appeal mechanism may inadvertently lead to prolonged litigation, delaying the resolution of waqf disputes. Digitising records, streamlining procedural norms, and enforcing strict timelines for hearings and judgments can help expedite the process. Comprehensive digitisation of waqf property records and Tribunal proceedings can also enhance transparency and reduce disputes arising from documentation issues.

A Step Towards Inclusive Justice

The Waqf Amendment Bill, 2024, represents a pivotal step in the reform the governance and adjudication of waqf properties in India. By bringing Waqf Tribunals under High Court oversight, it seeks to address longstanding issues of inconsistency, lack of transparency, and limited access to justice. Strengthening the Tribunal’s competency by reintroducing experts in Muslim law, involving legal and community stakeholders in the implementation of the Bill, and investing in judicial infrastructure are complementary measures that can ensure the success of these reforms.

If executed well, this amendment will modernise waqf governance, safeguarding the rights of all stakeholders while respecting the traditions and values of the Muslim community. It strikes a balance between preserving cultural heritage and upholding constitutional values in a pluralistic society.