The discussions on the government’s proposed amendments to the Waqf Board turned contentious during a Joint Parliamentary Committee (JPC) meeting when Trinamool Congress (TMC) MP Kalyan Banerjee caused a scene. Reports vary on the exact details of Banerjee’s outburst—some claim he attempted to break a water glass at a BJP member out of frustration, while others suggest he acted in a moment of anger with no intention to harm. Regardless of the specifics, Banerjee’s behavior was inappropriate for an elected official, tarnishing the decorum expected of members of Parliament. The Bill in question, brought to the Lok Sabha by the ruling National Democratic Alliance (NDA), proposes significant amendments to the functioning of the Waqf Board, which manages a vast array of properties left behind by Muslim families who migrated to Pakistan post-Partition. The Waqf Board is the third largest landholder in India, after Indian Railways and the Ministry of Defense. However, mismanagement and corruption within the Board have long been a source of controversy, raising questions about whether the institution truly serves the welfare of the Muslim community. The NDA government, which holds a comfortable majority in both houses of Parliament, could have pushed the Bill through without much resistance. However, given the sensitive nature of the Waqf Board, especially concerning its significance to India’s Muslim community, the government has chosen to engage in broader discussions rather than resort to a simple voice vote. This decision reflects the government’s understanding that changes to the Waqf Board, an emotive issue for millions of Muslims, need to be handled delicately to avoid accusations of bias or ulterior motives.
One of the key criticisms of the Waqf Board dates back to its creation in 1954 by then-Prime Minister Jawaharlal Nehru, who is accused by critics of establishing the Board to appease the minority Muslim population. Supporters of this view argue that many of the properties now under the Waqf Board’s control were left behind by Muslim families who voluntarily migrated to Pakistan. Meanwhile, similar properties left behind by Hindu families fleeing from Pakistan were not given the same level of protection by the Pakistani government. Instead, Pakistan allowed Hindu properties to fall into disuse or reassigned them, without setting up any comparable body to safeguard their interests. Over the decades, successive Congress governments strengthened the Waqf Board, cementing it as a powerful institution with sweeping control over vast properties. Critics argue that the Congress government’s amendments to the Waqf Act, especially under the UPA regime, gave the Board excessive legal powers. For instance, any disputes involving Waqf properties must be settled in Waqf tribunals rather than Indian courts, preventing affected parties from seeking judicial recourse. This legal shield has exacerbated the perception that the Waqf Board operates with unchecked authority. In contrast, properties belonging to Hindu temples have come under the control of various state governments, thanks to the Endowments Act. Critics argue that this discrepancy highlights the Congress party’s alleged bias, as the properties of Hindu temples are subject to greater government oversight while the Waqf Board remains largely autonomous. Furthermore, during its tenure, Congress even handed over prime properties in the national capital to the Waqf Board, ensuring that these transfers couldn’t be challenged in any court of law.
This preferential treatment of the Waqf Board has sparked backlash, especially after audacious claims made by some Muslim leaders regarding the ownership of landmark properties such as the Parliament building and Supreme Court land. Although these claims seem far-fetched, they have stoked fears among BJP supporters that the Waqf Board’s unchecked powers could challenge national integrity, especially in the context of public institutions. The incident involving the TMC MP reflects the growing polarization on this issue. As the NDA government looks to amend the Waqf Act, opposition parties, particularly Congress and TMC, have dug in their heels. While the JPC chairman has suspended Kalyan Banerjee for a day, the Modi government now faces the challenge of navigating a potentially volatile winter session of Parliament. The opposition will likely continue to obstruct the Bill’s passage, using every procedural tool. However, the ruling BJP may be forced to take a tougher stance. The government could push for a voice vote or even a ballot in both Houses, where it holds the majority needed to pass the amendments. Despite opposition resistance, the BJP can count on dissent within opposition ranks, as some members may disagree with their party’s stance but are reluctant to speak out for fear of reprisal. The NDA’s resolve to reform the Waqf Board will be tested as the winter session approaches. The government’s next steps could shape not only the future of the Waqf Board but also the broader political landscape, where issues of minority rights, religious institutions, and national governance remain deeply intertwined.
