The Waqf (Amendment) Bill has cleared both Houses of Parliament after extensive debates in the Lok Sabha and Rajya Sabha this week. Once President Droupadi Murmu gives her assent, the bill will become law, marking a significant overhaul of the Waqf Act.
Legal expert and advocate-on-record in the Supreme Court, Fuzail Ahmad Ayyubi, who had also presented his views before the Joint Parliamentary Committee (JPC), clarified the timeline and implications of the new legislation. “From that date, the statute stands amended, and it becomes the law of the land,” Ayyubi said, referring to the notification that will be issued post-presidential approval.
Key Changes and What Comes Next
Ayyubi noted that several amendments — such as the removal of the Waqf Board’s power to determine Waqf property — will be implemented immediately. Others, like the process for inquiries led by district collectors, will require new rules and guidelines. “The survey is now in the hands of the collector, and rules will be needed to outline how inquiries will be conducted,” he said.
Additionally, the government will need to define the role and responsibilities of designated officers handling government properties. “The specifics of who this officer will be, their tenure, and their jurisdiction will be outlined in the rules,” Ayyubi explained.
He also emphasized the importance of procedural clarity, saying, “Some amendments will only require procedural tweaks.”
Timeline for Rule Formation
According to an official from the Union Ministry of Minority Affairs, which is responsible for drafting the rules, the process will begin immediately after the President’s assent. “We are hopeful that the publishing of the rules will not take much time, as the ministry is clear regarding the bill and the amendments,” said the official on condition of anonymity.
As per procedure, rules must be published within six months of the law being enacted. Some rules may require public consultation, with a mandatory 30-day window for public feedback. If there is significant public response, the publication timeline may stretch up to six months. However, rules not needing consultation must still be notified within the same period.
Legislative Procedure Post-Enactment
Former Lok Sabha Secretary General PDT Achary explained the post-enactment process: “Once the rules are formulated, they come into effect and are also laid on the table of both the houses. The members have the right to suggest amendments to these rules.”
Achary also highlighted the flexibility in public consultation, saying, “It’s not compulsory for the government to do so and especially in the case of Waqf wherein the bill was sent to a JPC for consultation, govt might opt to not carry any further consultations.”
He further noted that some governments proactively draft rules before a bill is even passed. “In a few cases, the government makes the rules before the bill has even been tabled or passed in the Parliament, so that as soon as it’s passed, the rules can be notified,” he said.
With the President’s assent and subsequent rule-making, the Waqf (Amendment) Bill is set to bring substantial administrative and procedural changes to how Waqf properties are governed across the country.