All India Waqf Board Aur Qaumi Miraas

The term "waqf" denotes an arrangement through which Muslims donate their land, movable and immovable property for the benefit of widows, orphans, educational institutions, hospitals, madrasas, and other charitable causes. Two distinct types of waqf exist waqf al-ul-walad, which is designated for the benefit of children, and waqf al-ul-khair, which is intended for the welfare of the general public. In the latter case, a trustee is typically appointed. A waqf may not be sold under any circumstances. Once a property has been designated as a waqf, the owner is prohibited from reclaiming it. Subsequently, the property will be dedicated to God. A total of 32 waqf boards are currently in operation across India.

The Constitution of India, through the Shariat Application Act of 1937, provides constitutional protection for the Waqf Act and the properties designated as Waqf. The first Waqf Act was passed in 1954, and it was subsequently amended in 1995 and again in 2013. These actions were undertaken by the Congress-led government, which sought to enhance its authority.

These are the powers that the Modi government seeks to abolish. Notable supporters of the bill include government ally Nitish Kumar of JDU and Chandrababu Naidu of TDP.

The proposed legislation contravenes the fundamental rights set forth in Articles 12 to 35 of the Constitution of India. Many of these articles are subordinate to other articles, but Article 26 is entirely exempt from any restrictions. The bill provides Muslims and individuals of all other religious sects with unconditional freedom to regulate their religious affairs in accordance with public order, morality, and health. Additionally, the Waqf Amendment Bill (2024) proposes the nomination of non-Muslims to state boards, the replacement of the Waqf Tribunal Authority with the District Collector as an arbitrator, and the investigation and verification of whether a property is designated as waqf or government land.

The stipulations set forth in this legislation are wholly at odds with the tenets enshrined in Article 26, which explicitly grants Muslims the right to: (a) establish and maintain institutions for religious and charitable purposes, (b) oversee their own religious affairs, and (c) acquire ownership and possession of both movable and immovable property.