Transforming Waqf Administration: An Analysis of the UMEED Bill

“Transparency is the foundation of trust. The new waqf reforms ensure that endowments serve their true purpose rather than being controlled by a select few.” — Prime Minister Narendra Modi.

The concept of ‘waqf’ is rooted in Islamic laws and traditions. It refers to an endowment made by a Muslim for charitable or religious purposes, such as building mosques, schools, hospitals, and other public institutions. Another defining feature of a waqf is that it is inalienable, meaning it cannot be sold, gifted, inherited, or encumbered. Therefore, once a property is divested from the waqif or the creator of a waqf, it vests in God. According to Islamic belief, since God is everlasting, so is the ‘waqf property. ‘ The passage of the Waqf (Amendment) Bill 2025, now renamed the Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Bill, marks a watershed moment in India’s governance of religious endowments. This legislation, along with the Mussalman Wakf (Repeal) Bill 2024, seeks to modernise and streamline the management of waqf properties, ensuring transparency, accountability, and equitable administration. The Bharatiya Janata Party (BJP) has taken a decisive step in correcting historical anomalies and providing a governance framework that is inclusive, efficient, and aligned with India’s constitutional values.

The necessity for such a bill arises from the complexities and inconsistencies associated with managing waqf properties under archaic laws. The waqf system, deeply rooted in Islamic tradition, has historically played a significant role in religious and charitable activities. However, it has also been marred by mismanagement, legal disputes, and a lack of transparency. The Mussalman Wakf Act of 1923, a colonial-era law, has outlived its relevance and needs to be repealed to bring uniformity to the governance of Waqf properties under the Waqf Act of 1995. Dr Sudhanshu Trivedi, the BJP’s spokesperson and a Rajya Sabha MP, eloquently articulated the rationale behind the bill, stating, “This is not a bill against any community but a bill for administrative justice. No law should privilege one religious community over others in a secular state. We are simply ensuring equality before the law.” His statement underscores the BJP’s commitment to constitutional principles while addressing longstanding governance issues.

The governance of waqf properties in India has historically been plagued by allegations of corruption, misappropriation, and mismanagement. Although the existing Waqf Act of 1995 marked an improvement over previous legislation, it still contained numerous loopholes that allowed for opaque administration and litigation. Reports have frequently surfaced regarding unauthorised encroachments, fraudulent transactions, and revenue losses amounting to thousands of crores. This bill aims to address these issues by introducing a unified digital registry of waqf properties, reducing litigation and ensuring transparency.

One of the most significant provisions of the bill is the restructuring of the Waqf Boards and the Central Waqf Council. Previously, these bodies were exclusively managed by Muslim members, often leading to insular decision-making and a lack of external oversight. By mandating the inclusion of non-Muslim members, the bill ensures a more diverse and accountable administrative framework. Critics have argued that this move infringes upon the autonomy of religious institutions; however, the BJP has rightly pointed out that similar reforms have already been implemented in Hindu and Sikh religious boards. As Trivedi aptly stated, “Inclusion is the cornerstone of democracy. If Hindu temples can have government oversight, why should Waqf properties be an exception?”

The bill also reforms the process of waqf property surveys by replacing the survey commissioner with the district collector or other senior officers. This ensures that waqf properties are not arbitrarily declared without proper verification. Historically, there have been instances where government lands were mistakenly or fraudulently registered as waqf properties, leading to prolonged legal battles and administrative hurdles. Under the new provisions, if a dispute arises over the ownership of a property claimed as waqf, the district collector will have the authority to resolve the matter. This eliminates ambiguities and aligns property governance with standard legal procedures.

The Waqf (Amendment) Bill 2025 introduces a transformative approach to the governance of waqf properties by ensuring broader representation and inclusivity within waqf boards. Recognising the diverse sects within the Muslim community and the necessity for equitable participation in decision-making, the bill mandates the inclusion of one member each from the Bohra and Aghakhani communities in the state and union territory waqf boards, provided these sects have functional auqaf (waqf properties). This move acknowledges the historical contributions of these sects to Islamic endowments and ensures that their interests and concerns are effectively represented in waqf management. Furthermore, the bill strengthens social justice by mandating the inclusion of members from backward classes within the Muslim community, alongside traditional representation from both Shia and Sunni groups. By incorporating two or more elected representatives from municipalities or panchayats into the board, the bill reinforces grassroots participation, ensuring that local governance structures play a direct role in managing and overseeing waqf affairs. This decentralisation of authority fosters greater transparency, accountability, and efficiency in decision-making. Additionally, in a progressive move towards inclusivity, the Bill stipulates the inclusion of two non-Muslim members in the waqf boards and the Central Waqf Council (CWC), excluding ex-officio members. This provision not only aligns waqf governance with the principles of secularism and participatory democracy but also ensures that the waqf administration benefits from diverse perspectives, ultimately leading to more effective and transparent management of endowment properties.

A critical aspect of the bill is its emphasis on gender justice. Women have traditionally been marginalised in waqf governance despite their significant contributions to religious and charitable activities. The bill mandates the inclusion of two Muslim women members on the waqf boards, a move that ensures gender inclusivity in decision-making. Moreover, it introduces provisions to secure women’s inheritance rights prior to the declaration of waqf properties. This is particularly crucial given numerous cases where women have been deprived of their rightful inheritance due to arbitrary waqf declarations.

One of the most contentious elements of the bill is the removal of Muslim law experts from waqf tribunals. Critics argue that this may hinder the resolution of religiously sensitive disputes. However, the BJP has countered this claim by asserting that waqf properties, while religious, are ultimately real estate and financial assets that require judicial and administrative expertise, rather than theological interpretation. Including a district court judge as the tribunal chairperson ensures that decisions are based on legal and constitutional principles, rather than religious dogma. Another key provision is the establishment of a centralised digital portal for waqf property management. By automating property records and financial transactions, this portal will enhance efficiency, minimise corruption, and provide public access to waqf-related data. This aligns with the government’s broader vision of leveraging technology for governance reforms, as demonstrated in initiatives such as the Digital India campaign.

The bill also restricts the creation of new waqf properties to practising Muslims who have followed the faith for at least five years. While some have questioned the rationale behind this requirement, it serves as a safeguard against frivolous or politically motivated endowments. By ensuring that only genuine practitioners of Islam can create waqf properties, the bill maintains the sanctity and intended purpose of these endowments.

Historically, great thinkers and leaders have emphasised the importance of reforming religious institutions to align them with contemporary governance standards. Swami Vivekananda once said, “Religion should be the source of strength, not division.” This bill embodies that philosophy by ensuring that religious endowments function in a transparent and accountable manner rather than becoming instruments of financial and administrative discord. Similarly, B.R. Ambedkar, the chief architect of the Indian Constitution, championed the idea of uniform governance structures for all communities. His advocacy for a common legal framework resonates with the core objectives of this bill.

Despite the opposition’s claims that the bill undermines Muslim autonomy, it is imperative to recognise that the government’s approach is not about targeting any community but about establishing a governance structure that is fair and consistent across religious lines. Like any other institution, the waqf system must evolve with time to ensure it serves its intended purpose without being misused. The government has shown its commitment to this principle by introducing a bill that promotes inclusivity, accountability, and modernisation.

The Waqf (Amendment) Bill 2025 is a landmark reform that brings essential clarity and efficiency to the management of waqf properties in India. By ensuring transparency, empowering women, integrating technology, and fostering inclusivity, the government has taken a significant step toward strengthening the nation’s secular and democratic fabric. As Dr. Sudhanshu Trivedi stated, “This bill is not about division; it is about vision. A vision for a stronger, more united, and progressive India.” The passage of this bill represents not just a legal reform but a crucial step in ensuring that religious institutions operate in harmony with India’s constitutional and democratic ethos.