Lok Sabha passes Waqf Bill despite Opposition’s ‘unconstitutional’ charge

The bill was cleared in the lower house with 288 votes in favour and 232 against after over 12 hours of heated debate between the ruling NDA and the Opposition’s INDIA bloc.
Amit Shah dismisses "vote bank fear-mongering" as Opposition calls Waqf bill a "4D assault" on Constitution; vote expected tonight
Amit Shah dismisses "vote bank fear-mongering" as Opposition calls Waqf bill a "4D assault" on Constitution; vote expected tonight(Photo | PTI)
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Lok Sabha passes the Waqf (Amendment) Bill, 2025, after over 12 hours of heated debate between the ruling NDA and the Opposition’s INDIA bloc.

The bill was cleared with 288 votes in favour and 232 against.

The Centre introduced the bill in the Parliament on Wednesday, which triggered a heated clash between the Modi-led government and the Opposition. The Opposition strongly opposed the bill, calling it “unconstitutional.”

The bill is likely to come before the Rajya Sabha on Thursday, with eight hours being allocated for debating the proposed law.

Ahead of the bill’s introduction, both the ruling BJP and the Congress party issued whips to ensure the presence of their MPs during the crucial debate and vote in the Lok Sabha.

Telugu Desam Party (TDP), Janata Dal (United), Shiv Sena and LJP (Ram Vilas) - the four biggest constituents of the NDA after the BJP - also issued whips to their MPs asking them to support the government stand.

Though BJP allies like the TDP, JD(U) and Chirag Paswan-led LJP (Ram Vilas) had expressed reservations over some aspects of the bill, they have become more agreeable after the parliamentary committee adopted a few of their suggestions, official sources have said.

The contentious bill was first introduced in Parliament last year amid uproar from the Opposition and was subsequently sent to a Joint Parliamentary Committee, headed by BJP MP Jagadambika Pal, for scrutiny.

The panel accepted 14 changes suggested by NDA MPs but rejected all 44 proposed by the Opposition members. On February 13, the House panel submitted its report, which was approved by the Union Cabinet on February 19.

However, Opposition MPs in the panel raised concerns over their proposed amendments being dismissed and claimed their dissent notes were removed from the report without their knowledge.

Political Debate in Lok Sabha

Union Home Minister Amit Shah, defending the bill, asserted that “fear is being spread” that the Waqf bill interferes in religious matters, calling it a false narrative driven by vote bank politics. He emphasised that non-Muslims in Waqf councils and boards are included purely for administrative purposes, ensuring properties are managed according to their stated aims.

Shah also underlined that Waqf is a charitable institution where a person donates property for social, religious, or public welfare purposes without the right to reclaim it.

Participating in the debate, Samajwadi Party chief Akhilesh Yadav claimed that the bill was aimed at polarisation and would damage India’s secular image. He alleged that the BJP introduced the bill to manage its “diminishing vote bank” and warned that it could backfire on the party. Yadav further claimed that the bill was a diversion tactic to shift focus from “land capture” by China.

Union Home Minister Amit Shah speaks in the Lok Sabha during the Budget session of Parliament, in New Delhi, Wednesday, April 2, 2025.
Union Home Minister Amit Shah speaks in the Lok Sabha during the Budget session of Parliament, in New Delhi, Wednesday, April 2, 2025.(Photo | PTI)

Congress MP Gaurav Gogoi reiterated that the INDIA bloc would oppose the bill, calling it an attack on the Constitution’s basic structure.

Launched a scathing attack on the BJP-led government in the Lok Sabha on Wednesday after the bill was tabled, Gogoi accused the government of attempting to "defame and disenfranchise minorities" and staging what he described as a "4D assault on the Constitution" - diluting the Constitution, defaming minorities, disenfranchising them, and dividing Indian society.

He accused the government of attempting to dilute Waqf provisions, disenfranchise minorities, and divide Indian society. Initiating the debate, Gogoi also accused the government of misleading Parliament by referencing past discussions on the matter.

Hitting back, former Union minister and BJP leader Ravi Shankar Prasad defended the bill, arguing that numerous Waqf properties were being looted and misused. He insisted that the government had the authority to regulate Waqf matters and claimed that Gogoi failed to present a complete picture of constitutional provisions on the subject.

AIMIM chief Asaduddin Owaisi also spoke out against the Waqf Bill. During the debate Owaisi staged a symbolic protest against the Waqf Bill, drawing parallels to Mahatma Gandhi’s actions in South Africa.

"If you read history, you would see that he (Mahatma Gandhi) said about the laws of white South Africa, 'My conscience doesn't accept this' and he tore it up. Like Gandhi, I am also tearing up this law. This is unconstitutional. The BJP wants to create divisiveness in this country in the name of temples and mosques. I condemn this and I request you to accept the 10 amendments," he said.

His outburst was a reaction to Union Home Minister Amit Shah, who, during the debate, had stated, "A member even said the minorities won't even accept it. Who are you trying to scare? It's the parliament's law, everyone will follow and accept it".

JPC Chief and BJP MP Jagdambika Pal defended the Bill during the debate, stating that there is "nothing unconstitutional" about it.

He also slammed Owaisi, saying, "Asaduddin Owaisi calls the bill unconstitutional, but he has done the unconstitutional thing by tearing up the bill," and questioned his reason for doing so.

Meanwhile, the CPI(M) announced its opposition to the bill and confirmed that its MPs would vote against it. The party’s stance comes amid protests from the Catholic Church, which criticised Kerala MPs for their position on the bill.

Union Minister Rijiju, citing limited time, gave a brief response to the debate, stating that the bill is "legal" and "constitutional".

He also criticised the Opposition saying "You keep accusing us of appeasement politics. Who is doing appeasement?," adding that minorities are safer in India than anywhere else.

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In a post on X, Leader of Opposition Rahul Gandhi called the Waqf Bill a weapon aimed at marginalising Muslims and usurping their personal laws and property rights.

Following the passing of the Waqf Bill, Lok Sabha started a discussion on a statutory resolution on Manipur, despite the Opposition questioning the timing of the debate on such a crucial issue.

What is the Waqf (Amendment) Bill?

The government argues that the bill aims to address inefficiencies in the existing Waqf Act by introducing administrative reforms and technology-driven improvements.

A statement issued by the government in September 2024 highlighted key changes, including updating the definition of Waqf, streamlining the property registration process, and increasing the role of technology in managing Waqf records. These reforms, the government claims, will modernise the Waqf system and improve governance and transparency.

However, since its introduction, the bill has faced widespread criticism, particularly from Muslim organisations.

Religious and legal experts told TNIE that the bill targets Muslims and fuels Islamophobia. They argue that amendments, including the removal of the 'Waqf by user' provision, undermine the essence of Waqf.

SQR Ilyas, spokesperson for the AIMPLB, criticised the lack of consultation with community leaders or stakeholders, calling it a major shift in law without proper engagement.

Professor G Mohan Gopal, former director of the National Judicial Academy, described the bill as a violation of minority rights, saying it weakens the Muslim community and promotes Islamophobia.

People stage a protest against the Waqf (Amendment) Bill, in Ajmer, Rajasthan, Wednesday, April 2, 2025.
People stage a protest against the Waqf (Amendment) Bill, in Ajmer, Rajasthan, Wednesday, April 2, 2025.(Photo | PTI)

Key controversial provisions

One of the most debated provisions in the bill is the proposal to allow a non-Muslim to become the Chief Executive Officer (CEO) of a Waqf board. This has raised concerns among Muslim leaders, who argue that it could interfere with the religious and cultural integrity of Waqf management.

Additionally, the bill mandates that at least two non-Muslim members be appointed to each state’s Waqf board by the respective state governments. Another contentious change grants the District Collector the power to determine whether a disputed property is Waqf or government-owned. The Opposition and Muslim organisations warn that this could lead to arbitrary decisions and misappropriation of Waqf properties.

The bill also seeks to abolish the “Waqf by user” concept, which allows properties used as Waqf to retain their status even if not formally registered. Critics argue that this change could leave many Waqf properties vulnerable to legal challenges.

Perhaps the most significant and controversial measure is the requirement that all Waqf properties be registered in a central database within six months of the law’s commencement.

(With inputs from Agencies)

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