Waqf Amendment Bill faces RS test after a marathon 12-hour debate, passage in LS; here’s the numbers game

The Waqf Amendment Bill was passed in the Lok Sabha early Thursday after a marathon 12-hour debate, with the government securing 288 votes against the Opposition’s 232. The political parties part of the National Democratic Alliance (NDA) unanimously supported the Amendment bill. The bill, now set for Rajya Sabha discussion, seeks to amend the 1995 Waqf Act, introducing controversial provisions such as the inclusion of two non-Muslim members in Waqf Boards and restricting Waqf donations to individuals who have practiced Islam for at least five years.

A key change under the proposed law is that government properties identified as Waqf will no longer belong to the state, with local collectors determining ownership. The government argues that this amendment is necessary to curb irregularities and ensure Waqf properties benefit women and children.

Union Home Minister Amit Shah defended the bill, claiming that the 2013 amendment by the Congress led to arbitrary declarations of Waqf properties, including temples and government lands. He highlighted cases where prime properties in Delhi’s Lutyens zone and Tamil Nadu temples were allegedly taken over by Waqf Boards. “You cannot donate someone else’s property,” he asserted. Minister Kiren Rijiju added that legal disputes over Waqf claims could have extended to the old Parliament building itself. The BJP maintains that the bill is about property regulation, not religion, and was developed with input from diverse communities, including non-Muslim minorities.

The Opposition fiercely opposed the bill, arguing it was unconstitutional and aimed at marginalizing minorities. Congress MP Gaurav Gogoi called it an “assault on the Constitution,” accusing the BJP of defaming and disenfranchising Muslims. AIMIM’s Asaduddin Owaisi staged a dramatic protest. The INDI Alliance displayed its years long muslim-appeasement politics by opposing the Waqf Amendment Bill.

The bill restricts Waqf donations to only those who have practiced Islam for at least five years. This aims to prevent arbitrary land transfers under Waqf law. It mandates that women must receive their rightful inheritance before a property can be declared as Waqf. Special provisions are also made for widows, divorced women, and orphans to ensure their financial security. Another major change is that an officer above the rank of Collector will now determine ownership disputes regarding government properties claimed as Waqf. This replaces the current system where such decisions were made by Waqf tribunals. Additionally, the bill proposes that non-Muslim members be included in both central and state Waqf Boards to ensure greater inclusivity in property management and governance. The All India Muslim Personal Law Board has vowed to challenge the bill in court and launch nationwide protests, similar to the farmers’ movement.

Here’s how the number game is stacked up in the Upper House

In the Rajya Sabha, where 119 votes are needed to pass the bill, the NDA already holds 125 seats, further strengthening its position. The BJP leads with 98 MPs, backed by allies such as JD(U) with 4 MPs, TDP with 2 MPs, Ajit Pawar’s NCP with 3 MPs, and other smaller partners.

Given this advantage, the bill is expected to pass smoothly in the Upper House as well. Even if the opposition attempts to delay proceedings, the Rajya Sabha cannot permanently block a bill that has been passed in the Lok Sabha.

With a comfortable NDA majority in both Houses, strict party whips ensuring attendance, and the opposition’s lack of numbers, the passage of the Waqf (Amendment) Bill, 2025, is virtually assured. Despite heated debates and fuss by the opposition, the government is in full control of the legislative process, and the bill’s approval appears to be a mere formality.