Waqf Amendment Bill 2025 : Live Updates From Rajya Sabha

Mallikarjun Kharge,, LOP, says that Bill has created an atmosphere that has been brought to bother the minority religion in this country.

Kharge says even if the Gov tried to pass the Bill in the Lok Sabha, it was passed with the majority of 288 with 232 legislators opposing it which means there is vast number of people who have not accepted the Bill.

Sibal says under Hindu law, if there is a self-acquired property, it can be given to son but not the daughter. Similarly, in Muslim law, such is followed. But at least waqf can bring a change. Sibal recommends if the Gov really wants to bring a change, it should bring a law allowing the self-acquired property to be also given to the daughters

In response to Nadda's claim of waqf holding large number of properties, Sibal stated that there are 32 waqf boards which merely supervises the waqf properties in their respective States but total area of Hindu religious institutions in Tamil Nadu, Andhra Pradesh and Telengana each is 4, 47,000, 4, 65, 000 and 78,000 each and 723 acres Tirumala tirupati devasthanams. It comes 10 lac acres in just 4 states.

After independence, the Nagpur HC upheld the right of non-Muslim to create waqf, Sibal added.

Sibal refers to another judgment, Arur Singh v. Badar Din (1940) in which the Lahore High Court upheld the right of a Hindu to make his property a waqf for a Muslim graveyard

Kapil Sibal says there was a right of non-Muslims to make waqf in 2013 amendment. But the 2025 Bill now has taken away this provision. He refers to an old judgment which said: "its common for the Hindu zamindars to have Muslims in their territories to make Muslim endowments" (Madras HC)

Singhvi says in years to come, the legislation's constitutionality will be challenged.

Chair takes notice of this remark and says it undermines the legislative authority: "when it comes to legislations, our supremacy is not subject to any approval."

Singhvi concludes by adding that the application of the Limitation Act prima facie might look positive but on a deeper reflection, it is designed in favour of persons including Govt entities illegally occupying waqf properties for many years so that they can claim adverse possession.

Singhvi says since the Supreme Court has legally accepted waqf by user as a custom, unless the basis for the jurisprudence is removed, the provision cannot be removed either retrospectively or prospectively

On waqf by user, Singhvi says the Supreme Court in 2020 said: "waqf need not necessarily be an express declaration in each case. the same can easily be inferred from facts and circumstances