Understanding the Waqf Board and Its Authority
Waqf Amendment Bill 2025: Why the Removal of Section 40 Sparks Controversy : The Waqf Board, a statutory body, manages properties donated for religious and charitable purposes in Islam. These properties are meant for public welfare and are protected by law to ensure their rightful use. The Board has played a critical role in safeguarding endowments, especially through the powers granted under the Waqf Act, 1995, including oversight of ownership and use.
What Does Section 40 Actually Do?
Section 40 empowers the Waqf Board to inquire into the nature of any property and determine if it is a Waqf property. This power is significant because it allows the Board to function independently without interference from government agencies. Once declared as Waqf, only a Waqf Tribunal can override the decision, ensuring legal protection of religious endowments.
Why Is Section 40 Being Removed?
The government argues that removing Section 40 will enhance transparency and reduce bureaucratic delays. According to the Centre, the current provision allows excessive control by the Waqf Board, which may lead to inefficiencies and property disputes. The proposed change is intended to streamline governance and make the identification of Waqf properties more accountable and structured.
Concerns Over Autonomy and Misuse
Critics claim that removing Section 40 will compromise the autonomy of the Waqf Board and could transfer significant power to executive authorities. This shift may allow state actors to decide whether a property is Waqf, raising fears of political interference and potential commercial misuse of endowments meant for community welfare and religious functions.
Constitutional and Community Implications
The removal of Section 40 could be viewed as undermining Article 26 of the Constitution, which guarantees the right to manage religious affairs. Many in the Muslim community see this as an erosion of minority rights and fear that it could diminish protection over their sacred trusts. Legal experts argue that such a move weakens an already fragile institutional safeguard for Waqf properties.
Static GK Snapshot
Waqf Amendment Bill 2025: Why the Removal of Section 40 Sparks Controversy :
| Feature | Details |
| Bill Name | Waqf Amendment Bill, 2025 |
| Original Act | Waqf Act, 1995 |
| Key Provision Proposed for Removal | Section 40 |
| Function of Section 40 | Authorises Board to declare property as Waqf |
| Introduced In | Lok Sabha, 2025 |
| Decision Authority | Waqf Board (currently), Government (if amended) |
| Tribunal Mentioned | Waqf Tribunal |
| Centre’s Claim | Transparency and efficiency |
| Opposition’s Concern | Loss of autonomy, threat of misuse |
