President Grants Assent to Waqf Amendment Legislation
Source:Indian Express ↗
Why It Matters
The amendment of the Waqf Act is a significant development in Indian polity touching upon sensitive constitutional issues such as secularism, minority rights, and religious autonomy. Understanding the legislative process, the role of Joint Parliamentary Committees, the President's assent under Article 111, and the fundamental rights framework (Articles 14, 15, and 26) is crucial for UPSC GS Paper 2 and Prelims.
Summary
President Droupadi Murmu has granted assent to the Waqf (Amendment) Bill, 2025, and the Mussalman Wakf (Repeal) Bill, 2025, after their passage by both Houses of Parliament. The legislation, which mandates sweeping changes to the management of Waqf properties and includes non-Muslims in Waqf administration, is facing a Supreme Court challenge. Petitions filed by MPs Mohammad Jawed and Asaduddin Owaisi argue that the new laws are unconstitutional, as they violate the fundamental rights to equality and non-discrimination (Articles 14 and 15) and infringe upon religious autonomy, as Waqf properties are inherently permanent and meant to be managed by believers of Islam.
Key Points
- President Droupadi Murmu gave assent to the Waqf (Amendment) Bill, 2025, and the Mussalman Wakf (Repeal) Bill, 2025.
- The Bills were passed in the Lok Sabha in February and the Rajya Sabha in April, following a Joint Parliamentary Committee (JPC) report submitted during the Winter Session.
- MPs Mohammad Jawed and Asaduddin Owaisi have approached the Supreme Court challenging the constitutional validity of the legislation.
- The petitioners argue that the inclusion of non-Muslims in Waqf administration violates the right to religious autonomy and the right against discrimination under Articles 14 and 15 of the Constitution.
Important Terms
Waqf (Amendment) Bill, 2025
Legislation (also known as the UMEED Act) aimed at reforming the 1995 Act to enhance transparency through digital registration and mandated representation of women and non-Muslims in Waqf administration.
UPSC context
GS Paper II: Government policies and interventions for development in various sectors and issues arising out of their design/implementation.
Joint Parliamentary Committee (JPC)
An ad hoc parliamentary body comprising members from both Houses (typically in a 2:1 ratio) tasked with detailed scrutiny of controversial or complex legislation like the Waqf Bill.
UPSC context
GS Paper II: Parliament and State Legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.
Religious Autonomy
Constitutional right under Article 26 allowing religious denominations to manage their own affairs in matters of religion, and to own, acquire, and administer property in accordance with law.
UPSC context
GS Paper II: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Presidential Assent
The final constitutional step under Article 111 where the President approves a bill passed by both Houses of Parliament, officially transforming it into an Act of law.
UPSC context
GS Paper II: Executive and Judiciary—Structure, organization and functioning of the Executive; Power of the President.
Mussalman Wakf (Repeal) Bill, 2025
A legislative measure to repeal the colonial-era 1923 Act, intended to remove legal redundancies and ensure all Waqf properties are governed solely under a modernized, unified framework.
UPSC context
GS Paper II: Statutory, regulatory and various quasi-judicial bodies; Reform of colonial-era laws.
Waqf Property
A permanent dedication of movable or immovable property for purposes recognized by Muslim law as religious, pious, or charitable, managed by a Mutawalli (caretaker) under state board supervision.
UPSC context
GS Paper II: Rights and welfare of minorities; Governance of religious and charitable endowments.
Prelims Trap
"Waqf properties and religious endowments fall under the State List, giving State legislatures exclusive jurisdiction."
Religious endowments and institutions actually fall under Entry 28 of the Concurrent List (Seventh Schedule). Both Parliament and State legislatures have the power to enact laws regarding them.
Static Concepts Connected
What are the defining characteristics of a Joint Parliamentary Committee (JPC)?
- Ad-hoc nature: It is an ad-hoc body formed for a specific legislative purpose (such as reviewing a contentious bill) and automatically dissolves after submitting its final report.
- Bicameral composition: It conventionally comprises members from both the Lok Sabha and the Rajya Sabha, strictly maintained in a 2:1 ratio.
- Advisory status: The findings and recommendations made by a JPC are purely advisory; they are not legally binding on Parliament or the government.
What property rights are guaranteed to religious denominations under Article 26?
- Property acquisition: Every religious denomination has the fundamental right to own and acquire both movable and immovable property.
- Regulated administration: The right to administer such property is not absolute; it must be done strictly "in accordance with law" and is subject to public order, morality, and health.
- State regulation: The State can regulate the secular administration of the property, but cannot strip the denomination of its core administrative rights entirely.
Cross-Topic Patterns
Waqf amendments and Article 44 (UCC)
Abolishing the customary "Waqf by user" doctrine aligns with the State's broader push to codify and secularize personal and religious property laws, serving as a stepping stone in Uniform Civil Code debates.
Religious Autonomy vs. Secular Administration
The mandated inclusion of non-Muslims in Waqf Boards will test the Shirur Mutt doctrine, forcing the Supreme Court to delineate religious autonomy from the State's power to regulate secular property administration.
Expect a 2026 Prelims multi-statement question on Entry 28 of the Concurrent List, JPC structure, and Article 26's property caveats.
Linked PYQs · 4
Linked PYQs · 4
- 2022PrelimsGS1
Consider the following statements: 1. A bill amending the Constitution requires a prior recommendation of the President of India. 2. When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent. 3. A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting. Which of the statements given above are correct?
- 2024PrelimsGS1
With reference to the Indian Parliament, consider the following statements: 1. A bill pending in the Lok Sabha lapses on its dissolution. 2. A bill passed by the Lok Sabha and pending in the Rajya Sabha lapses on the dissolution of the Lok Sabha. 3. A bill in regard to which the President of India notified his/her intention to summon the Houses to a joint sitting lapses on the dissolution of the Lok Sabha. Which of the statements given above is/are correct?
- 2024MainsGS2
Public charitable trusts have the potential to make India's development more inclusive as they relate to certain vital public issues. Comment.
- 2024PrelimsGS1
Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy ?
