By Dr. Gyan Pathak
Is it not absurd to expect a Member of Parliament to read, comprehend, and provide a thoughtful and qualitative analysis of a 655-page final draft report on a crucial legislative amendment, like the Waqf (Amendment) Bill, 2024, within just a few hours? This report was distributed to members less than 24 hours before the final meeting of the Joint Parliamentary Committee (JPC).
The leaders of the opposition have indicated that the draft report on the Waqf Bill was sent to them on the evening of January 28, 2025, with a request for comments by 10 AM on January 29, 2025. The final draft report was subsequently put to a vote on January 29, resulting in a reported majority of 16:11 in a 31-member JPC. Following this, opposition MPs were allotted time until 4 PM on the same day to submit their dissent notes. The process of adoption renders the entire procedure a farce, prioritizing the brute majority of the ruling establishment over the intent of substantive discussion and outcomes, which the Bill was originally intended to facilitate.
The JPC on the Waqf Bill consists of 31 members, with 16 from the ruling NDA (12 from BJP), while the opposition parties account for 13 members. Additionally, there is one member from YSRCP and one nominated member. On January 27, the JPC approved 14 amendments suggested by BJP MPs and their NDA allies, while 44 proposed amendments from opposition MPs were rejected. This illustrates how the ruling establishment was able to push through what they intended via the JPC.
Established in August 2024, the JPC on the Waqf Bill is chaired by BJP MP Jagadambika Pal. Opposition members have persistently voiced complaints about the chairman’s autocratic manner, which has hindered a constructive atmosphere for meaningful discussions regarding the concerns raised by opposition members and the broader Muslim community representative.
A recent incident included the suspension of 10 opposition MPs during the January 24, 2025 meeting due to chaos stemming from accusations of autocratic behavior by the chair. A prior JPC meeting in October had also witnessed a scuffle between opposition and ruling MPs.
Since its inception in August, the committee has convened a total of 38 times, culminating in the final meeting on January 29, 2025, which led to the approval of the draft report on the Waqf Bill.
When the Waqf (Amendment) Bill 2024 was introduced in Parliament on August 8, 2024, it faced vehement opposition from not only the opposition but also from NDA allies such as JD(U) and TDP, which raised concerns about several provisions in the proposed amendments. Initially, BJP’s allies in NDA—JD(U), TDP, and LJP (Ram Vilas)—seemed to take a “neutral” stance. JD(U) and TDP explicitly expressed their concerns and advocated for the Union Government to address the legitimate worries of the Muslim community as represented by Muslim organizations.
However, the recent voting on the adoption of the draft report indicates that all these NDA allies have aligned with the BJP. Members from JD(U) and TDP even proposed some amendments to the changes in the Bill and ultimately voted in support of the amendments brought forth by BJP. The BJP has successfully maintained unity within the NDA regarding the Waqf (Amendment) Bill, and the party is poised to pass the amended Bill in Parliament during the upcoming budget session.
Several opposition MPs who have submitted their dissent notes claim that the entire process was undemocratic, citing the insufficient time allotted to analyze the final draft and formulate their dissent notes. All opposition MPs are anticipated to submit dissent notes, given that every opposition member present during the vote opposed the amendments approved by the JPC.
Among the key accepted amendments are: the inclusion of two Muslim women as members of the State Waqf Boards and the Central Waqf Council; the provision for one member from the Muslim OBC on State Waqf Boards; the establishment of separate Waqf Boards for Aghakhani and Bohra by State Governments; a requirement for a Waqif to ensure rightful shares to females before property dedication; the applicability of the Limitation Act to all Waqf-related cases; the introduction of online registration; the exclusion of Muslim trusts from the Waqf Act; and the removal of finality from tribunal decisions.
Other amendments involve replacing the district collector with a state government official as the arbiter on Waqf property or government land, and including one member in the Waqf tribunal who has “knowledge of Muslim law and jurisprudence.”
The manner in which the BJP and NDA allies have adopted amendments to the Waqf Bill while dismissing the proposed amendments from the Opposition parties has drawn severe criticism as a violation of democratic principles in legislative recommendations. The opposition has condemned the provisions as “unconstitutional,” arguing that it threatens to dismantle the Waqf board by permitting government interference in Muslim religious affairs.
Chairman Jagadambika Pal, conversely, asserts that numerous approved amendments have addressed several concerns from the opposition. The final report is scheduled to be submitted to the Lok Sabha Speaker on January 30, 2025.
Nonetheless, the next confrontation regarding the Waqf Bill will take place in the Parliament of India. The DMK has even indicated that they will challenge the proposed law in the Supreme Court of India should the ruling establishment succeed in passing the legislation in the Parliament with its majority strength. (IPA Service)
