The government on Wednesday introduced the Waqf Amendment Bill 2025 in the Lok Sabha, aiming to bring significant changes in the structure of the Waqf Board and the functioning of Waqf properties across the country.
Among the many significant changes the Bill proposes, the omission of Section 40 from the original Act has become a major point of contention between the ruling coalition and the opposition parties. Taking part in the eight-hour-long discussion, Trinamool Congress (TMC) MP Kalyan Banerjee said, “If the Section 40 is deleted, the Waqf Board will be a teethless doll... a doll only. If this section is deleted then there is no necessity to keep the Waqf Board itself. Do not keep it. Give the powers to the minister.”
But, what exactly is this Section 40 of the Waqf Act, the omission of which is seen as a major threat to the existence of the Waqf Board itself? Let’s find out.
Section 40 of the Waqf Act, 1995
Section 40 of the original Waqf Act is related to the ‘power to decide’ if a property is a Waqf property or not. The ultimate power to decide the (Waqf) nature of a property, according to Section 40, lies with the Waqf Board itself.
According to sub-Section 1, the Waqf Board may itself collect information regarding any property which it has reason to believe to be a Waqf property. It further says, if any question arises whether a particular property is Waqf property or not, the board may, after making such inquiry as it may deem fit, decide the question.
Sub-Section 2 of Section 1 gives further immunity to the board’s decision from any executive challenge. It says that the decision of the Board will be final unless revoked or modified by the Waqf Tribunal. By not mentioning the role of the state or central government in the process, the Board ultimately gets an upper hand while deciding the nature of the property.
Sub-Section 3 of Section 1 deals with those properties which are not originally Waqf properties, but registered under any other trust or society. It says that where the Board has any reason to believe that any property of any trust or society registered under Indian Trusts Act or Societies Registration Act is Waqf property, the board may hold an inquiry in regard to the nature of such property. And if after enquiry, the board finds it to be a Waqf property, it may call upon the trust or society, either to register such property under the Waqf Act or show cause why such property should not be so registered.
Sub-Section 4 of Section 1 further puts a stamp of approval on the board’s decision after receiving the response. It says that after duly considering such cause as may be shown in pursuance of notice issued, the board can pass such orders as it may think fit. The order so made by the board, shall be final, unless it is revoked or modified by a Waqf Tribunal, according to the sub-section.
The Waqf (Amendment) Bill, 2025 has entirely omitted this provision. Section 20 of the (Amendment) Bill says, “Section 40 of the principal Act shall be omitted.”
