By Dr. Gyan Pathak
Is it not a joke to expect a Member of Parliament to read, understand, give a considered view with qualitative comment on 655-pages-long final draft report on an important legislative amendment bill, such as the Waqf (Amendment) Bill, 2024, within a few hours, which was circulated to members less than 24 hours before the final meeting of the Joint Parliamentary Committee (JPC)?
The leaders of opposition have said that the draft report on the Waqf Bill was sent to them in evening of January 28, 2025 and were asked to give their comments by 10 AM on January 29, 2025. The final draft report was then put to vote on January 29, and it was adopted by a reported majority of 16:11 in a 31-member JPC on Waqf Bill. Thereafter, the opposition MPs were given time till 4 PM the same day to submit their dissent notes. The manner of adoption makes the entire process a farce, giving weightage to the brute majority of the ruling establishment over the spirit of meaningful discussion and subsequent outcome for which the Bill was sent to the JPC.
The 31-member JPC on Waqf Bill has 16 members from the ruling NDA (12 from BJP). The opposition political parties have 13 members. One member is from YSRCP, and one member is nominated. On January 27, the JPC had approved 14 amendments proposed by BJP MPs and its allies in ruling NDA, while it had rejected 44 suggested amendments by the Opposition MPs, who were against the Bill seeking amendment to the Waqf Act, 1995 (as amended in 2013). In other words, the ruling establishment has successfully got done through the JPC mask what they really had wanted to do.
JPC on Waqf Bill was constituted in August 2024 to review the Waqf (Amendment) Bill, 2024, with BJP MP Jagadambika Pal as its chairman. Opposition members have always complained that chairman have never been listening to them and behaved in autocratic way, therefore there had never been proper atmosphere for any meaningful discussion on the concerns raised by the opposition members and the Muslim community representative at large.
The latest example was suspension of 10 opposition MPs during the meeting on January 24, 2025, after ruckus in the meeting over accusation on the chair of autocratic behaviour. Earlier also in October, JPC meeting witnessed a scuffle between the opposition and the ruling MPs.
Nevertheless, since August, a total of 38 meetings of the committee were held, which include the final meeting on January 29, 2025, that approved the draft report on Waqf Bill.
When the Waqf (Amendment) Bill 2024, was tabled in the Parliament on August 8, 2024, it was strongly opposed not only by the opposition, but NDA allies such JD(U) and TDP had also reservations on several provisions of the proposed changes in the law. Initially, BJP’s allies in NDA – JD(U), TDP and LJP (Ram Vilas) has supposedly taken a “neutral” stand. JD(U) and TDP had even expressed their concerns and wanted that the Union Government address the genuine concerns of the Muslims represented though Muslim organisations.
However, voting on the adoption of draft report shows that all these NDA allies are with the BJP. The members of JD(U) and TDP have also proposed some amendments to the proposed changes in the Bill. Now they have voted in favour of the amendments which the BJP has brought. BJP has ultimately succeeded keeping NDA united on Waqf (Amendment) Bill and the party will comfortably get the amended Bill passed in the Parliament, which is likely to be tabled in the forthcoming budget session.
Some of the opposition MPs who have already submitted their dissent notes alleged that the whole exercise was undemocratic, and they were given little time to study the final draft report and frame their dissent notes. All opposition MPs are expected to submit their dissents, since the entire opposition MPs present during voting has voted against the amendments adopted by the JPC.
The chief among the accepted amendments included: Two Muslim women will continue to be included as member of the State Waqf Boards and the Central Waqf Council; State Waqf Boards will now include one member from the Muslim OBC; State Governments may establish separate Waqf Boards for Aghakhani and Bohra; A Waqif can dedicate property only after ensuring rightful share to females; Limitation Act will apply to all Waqf-related cases; Online registration will be introduced; Muslim trusts will be excluded from Waqf Act; and finality of tribunal decisions has been removed.
The other amendments included replacing the district collector with a state government official to be the arbiter on Waqf property or government land, and to having one member in the Waqf tribunal with “knowledge of Muslim law and jurisprudence”.
The manner of adoption of the Waqf Bill amendments made by BJP and NDA allies, and rejection of the amendments suggested by the Opposition parties, is being criticises as killing of the democratic spirit in recommending a legislation. The opposition has slammed its provisions as “unconstitutional” alleging that it will destroy the Waqf board by allowing the government’s interference in the Muslim’s religious matters.
Chairman Jagadambika Pal, on the other hand, has claimed that may of the amendments approved have addressed several concerns of the opposition. The final report will be submitted to Lok Sabha Speaker on January 30, 2025.
Nevertheless, the next battle on Waqf Bill will be fought in the Parliament of India. DMK has even said that they would challenge the proposed law in the Supreme Court of India if the ruling establishment gets the legislation passed in the Parliament by its majority strength. (IPA Service)
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