Waqf law rules drafted, may be approved in 15-20 days: Officials

Hindustan Times

6 hours ago

New Delhi The Union minority affairs ministry has drafted rules to operationalise the controversial Waqf (Amendment) Act, 2025 and sent it to the Union law ministry, officials told HT on Thursday, adding that the rules could be approved within 15-20 days, paving the way for their presentation in the upcoming monsoon session from July 21.
The contentious amendments to the central waqf law, which aims to make sweeping changes in the regulation and management of Islamic charitable endowments, was cleared by Parliament in April. The Supreme Court has reserved its judgment on a raft of petitions asking for a stay on some of the law's controversial provisions.
A senior minority affairs ministry official, speaking on the condition of anonymity, said the rules were drafted in 'record time' following the law's passage on April 4.
'We have recently sent it to the law ministry and solicitor general Tushar Mehta for final approval and finishing touches,' the official said. 'Once approved there, it goes to the Centre for final sign-off, then notification in the public gazette.'
Former secretary general PDT Achary told HT that there is 'absolutely no rule and requirement for the government to first notify the parliament about the rules and then notify.' 'As soon as the rules are approved, they can be uploaded and publicly notified through the gazette and come into effect. The government has to table it in the Parliament but there is no rule about the rules being notified to the parliament first,' he said.
Union Minister for minority affairs Kiren Rijiju separately confirmed that the rules are with the law ministry for finishing touches.
A waqf is a Muslim religious endowment, usually in the form of landed property, made for purposes of charity and community welfare. The draft bill, introduced by the government last year and amended after recommendations by a joint parliamentary committee, proposed major changes in the regulation and governance of India's waqf boards.
The law accords more power to the government and allows for the appointment of non-Muslims and women to waqf boards, but the Opposition alleged it is unconstitutional.
The rules are crucial because they will not only operationalise the changes but also clarify key procedures in registration of waqf properties, working of the central portal, and norms guiding the picking of members in the council.
The law scraps the waqf by user provision – where a property is acknowledged as waqf because it has been used for religious activities for some time, despite there being no official declaration or registration as waqf – with prospective effect, permits women, Shia sects and government officials to be members of waqf bodies, and gives overriding power to senior officials to determine if a government property belongs to a waqf.
The law also allows only a person 'showing or demonstrating that he is practising Islam for at least five years' to donate properties to waqf and stipulates that women and other rightful heirs can't be denied their inheritance due to the creation of a waqf.
The official cited above expressed confidence that the government will be able to push through the rules before the next session of Parliament. 'The process should take a few days. We hope the rules will be published within 15-20 days, in time for tabling in the monsoon session,' the official cited above said. 'It is a huge achievement... we did not think the process would be this seamless. We had good support from the states and completed the final rules drafting in record time.'
Approximately 15-20 stakeholder consultations with states, other ministries, and groups occurred during the drafting process, the official said. 'Every single updated draft, no matter how minor the changes, was shared with the states for their views. Each state participated without exceptions,' the official added, requesting anonymity.
In India, rules under a newly enacted law are notified by the relevant ministry through publication in the official gazette, exercising authority granted by specific provisions within the parent Act itself. The Waqf act also states it. While this core notification process isn't detailed in the Constitution, the crucial requirement for subsequent parliamentary scrutiny flows from it. Mandated by the Rules of Procedure of the Lok Sabha and Rajya Sabha – framed under Articles 118(1) and 208(1) of the Constitution respectively, and reinforced by the Delegated Legislation Provisions (Amendment) Act, 1983 – these notified rules must be laid before both Houses of Parliament within 30 days, where they can be modified or annulled.
The act states, 'Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.'
Activists, opposition parties and bodies such as the All India Muslim Personal Law Board (AIMPLB) have already challenged key provisions of the new law. On May 22, the top court reserved judgment on petitions challenging the Waqf (Amendment) Act, 2025, after hearing arguments on an interim stay.
The official quoted above clarified that the rules will provide 'finer operational details', particularly concerning the newly launched UMEED (Unified Waqf Management, Empowerment, Efficiency and Development) portal. The portal aims to create a centralised digital inventory with geo-tagging of all Waqf properties, establish an online grievance redressal system, enable transparent leasing and usage tracking, integrate with GIS mapping, and provide public access to verified records. Rules governing this portal will form a significant part of the final notified rules, the official said.
This official said that incorporating the recommendations of the joint parliamentary committee, which examined an earlier iteration of the bill, received special attention during the drafting of rules. 'We want an all inclusive approach to it,' the official said.
'Even if the Supreme Court says something, we will just make the changes in the rules but since the act has been passed and received the President's assent, we will notify rules,' the official stated.
Groundwork for implementing the new law has already commenced. The minority affairs ministry wrote to all chief secretaries last week, directing them to train district-level officers. These officers will subsequently train mutawallis (waqf property managers) and other officials involved. 'The biggest task for implementing the rules is capacity building so we have already started with the same,' the official explained. 'As a Union ministry, we can train state level officers but the states will in turn have to train district level officers... so they can be in a good position to implement the rules once notified.'
Once the central rules are notified, the ministry's next task involves formulating model rules for states. A 4-5 member committee comprising retired law ministry officers and other experts has been tasked with creating these model rules, which states can then adapt according to their specific contexts.