Despite strong opposition from various corners the Waqf (Amendment) Bill 2024 has finally been passed by both the Houses of Parliament. In the words of Joint Parliamentary Committee (JPC) Chairman Jagdambika Pal, ‘no amount of protest can stop it becoming a law’, and as per the Union Home Minister, ‘it is law of the country’, nobody shall oppose it.
The Upper House cleared the Bill with 128 members voting for it while 95 members against the legislation. The Rajya Sabha held a discussion on the Bill on April 4 for around 12 hours. The Lok Sabha had already cleared the Bill on April 3, with 288-232 voting after a long and heated debate.
With President Droupadi Murmu’s assent,the bill has become a law which aims to amend the 1995 law governing Waqf properties and make it Unified Waqf Management Empowerment, Efficiency and Development Act, ironically abbreviated as UMEED.
All India Muslim Personal Law Board (AIMPLB) criticised the Bill, stating that it infringes upon the constitutional rights of Muslims and called for nationwide protests against it. It emphasised that waqf boards should be governed solely by Muslims, as per Islamic principles.
Engineer Syed Sadatullah Husaini, president of Jamaat-e-Islami Hind has described it as an attack on religious freedom and constitutional rights of Muslims. He has expressed discontentment towards the political parties who claim to be secular and still supported the Bill. Appealing to opposition leaders and legal experts to challenge the Act in the court of law, Mr. Husaini has resolved to continue the struggle against the ‘unjust’ and ‘unconstitutional Act’ through legal and democratic ways joining hands with AIMPLB.
Jamiat Ulama-i-Hind also opposed the Bill, cautioning NDA partners that supporting the legislation would make them complicit in undermining minority rights.
Grand Mufti of Jammu and Kashmir Mufti Nasir-ul-Islam has stated that the Waqf (Amendment) Bill 2024 is against Muslims. He also noted the support of 232 members voted against the Waqf Bill and said they are exploring the possibility of moving the Supreme Court.
Elders Debate
Participating in the discussion, the Leader of Opposition in the Rajya Sabha Mallikarjun Kharge said the government was trying to sow the seeds of conflict by suppressing Muslims through the Waqf (Amendment) Bill and appealed to the ruling party not to disturb peace and harmony in the country. Kharge said the legislation is “unconstitutional” and is not good for the Indian Muslims. He urged the government to withdraw the Bill which has a lot of “mistakes” and not make it a prestige issue.
Kharge alleged that the ruling dispensation wants to take away the land of Muslims and hand it over to its corporate friends.
Muzibulla Khan of the Biju Janata Dal opposed the Bill, saying the entire Muslim community was worried about it.
Tiruchi Siva of DMK opposed the Bill, alleging that a certain community is being targeted. He said the Bill is anti-secular and unconstitutional. Mohammad Nadimul Haque of TMC said the Bill is against the people’s fundamental rights.
Sanjay Singh of the Aam Aadmi Party termed this Bill unconstitutional and urged the government to take it back. Professor Manoj Kumar Jha of RJD questioned the intent and content of the Bill. Sanjay Raut of Shiv Sena (UBT) alleged that this Bill is not in favour of the nation. Samajwadi Party’s Dr Ram Gopal Yadav claimed that the country is moving towards a totalitarian state instead of a democratic state.
Abhishek Manu Singhvi of the Congress, Praful Patel of NCP, Dr Fauzia Khan of NCP-SCP, Milind Murli Deora of Shiv Sena, and Jose K Mani of KC(M) were among those who also participated in the debate.
Gulam Ali, nominated member and Secretary and Spokesperson of BJP J&K unit was the lone Muslim who supported the Bill.
JD(S) chief HD Deve Gowda congratulated the Narendra Modi government for bringing the Bill. He said Waqf properties have been misused by people who are rich or strong enough in the community.
Below is an overview of the party-wise voting based on available information and the political alignments of the major parties involved. Exact vote breakdowns for each party are not fully detailed in the provided data, this infers positions based on party stances and coalition affiliations expressed during the debate.
NDA Supported the Bill
The National Democratic Alliance (NDA), led by BJP, supported the Bill. With a total strength of 293 MPs in the Lok Sabha (out of 542 seats), the coalition secured the majority needed to pass the legislation. Key NDA parties include:BJP: 240 MPs. As the ruling party, BJP strongly backed the bill, with leaders like Kiren Rijiju and Amit Shah defending it as a measure to improve Waqf property management and transparency.
TDPwith 16 MPs supported the Bill, though it suggested flexibility for states in determining Waqf Board composition.
JD(U) with 12 MPs, despite initial concerns, voted in favour after assurances that their suggestions were considered.
Shiv Sena (Eknath Shinde faction): 7 MPs. Issued a whip to support the government’s stance.
Lok Janshakti Party (Ram Vilas): 5 MPs. Confirmed support, focusing on benefits for poor Muslims.
RLD: 2 MPs. supported the Bill.
JD(S): 2 MPs. Backed the legislation as part of NDA.
Other smaller allies: Parties like Jana Sena Party (2 MPs) and single-member parties (e.g., AsomGana Parishad) likely contributed to the NDA’s tally.
The NDA’s cohesive support, bolstered by whips issued to MPs, ensured the 288 votes in favour, exceeding the majority mark of 272.
INDIA Bloc – Voted Against
The opposition INDIA bloc, comprising parties like Congress, Samajwadi Party, and others, unanimously opposed the Bill, labelling it unconstitutional and anti-Muslim. With a combined strength of around 236 MPs, they accounted for most of the 232 votes against.
Key parties includeIndian National Congress: 99 MPs. Led the opposition, with Rahul Gandhi and others arguing it violated religious freedom under Article 25.
Samajwadi Party: 37 MPs. Issued a whip to oppose the bill, criticising it as an attack on Muslim rights.
TMC: 28 MPs. Mamata Banerjee called it divisive, and TMC MPs voted against.
DMK: 22 MPs. Opposed the bill, with leaders like A. Raja arguing against mixing religion and politics.
RJD: 4 MPs. Slammed it as a conspiracy to usurp Waqf land.
SS-UBT: 9 MPs. Opposed the inclusion of non-Muslims in Waqf Boards.
NCP-SP: 8 MPs. Part of the INDIA bloc’s united front against the bill.
CPI(M): 4 MPs. Opposed it as an assault on federalism and minority rights.
AAP: 3 MPs. Called it an attack on the Constitution.
JMM: 3 MPs. Criticised it as benefiting BJP’s corporate allies.
IUML: 3 MPs. Denounced it as a land-grab conspiracy.
Other INDIA allies: Parties like JK National Conference (2 MPs) and smaller groups contributed to the opposition tally.
Other Parties
AIMIM: 1 MP (Asaduddin Owaisi). Though not formally in INDIA bloc, Owaisi fiercely opposed the bill and voted against it.
Azad Samaj Party (Kanshi Ram): 1 MP (Chandrashekhar Azad). Opposed the bill, aligning with the anti-NDA stance.
YSRCP: 4 MPs. Stance unclear, but historically neutral or issue-based; likely abstained or split.
SAD: 1 MP. Position not explicitly stated; may have abstained.
Zoram People’s Movement: 1 MP. Stance unclear.
Voice of the People Party: 1 MP. Stance unclear.
Analysis
The NDA’s 288 votes suggest near-full attendance and unity among its 293 MPs, possibly supplemented by a few independents or smaller parties.
The INDIA bloc’s 232 votes indicate strong opposition cohesion, though slightly less than their total strength (236), possibly due to absences or abstentions.
The gap between NDA’s total strength (293) and votes in favour (288) suggests minor abstentions or absences, while the opposition’s 232 votes against their potential 236+ (including AIMIM) reflect similar dynamics.
The Rajya Sabha passed the Waqf (Amendment) Bill, 2024, with 128 votes in favour and 95 against. While specific party-wise voting details are not fully disclosed, the NDA, led by BJP, holds a majority in Rajya Sabha. The NDA has 117 members, just two short of the majority figure of 119. However, the ruling coalition’s strength rises to 125, well above the majority mark, with two nominated members and six independents.
The opposition INDIA bloc has 88 MPs in the Upper House, including parties such as Congress, Trinamool Congress, DMK, and AAP. Given these numbers, it’s likely that NDA and its allies primarily supported the Bill, while the Opposition parties opposed it.
Despite not gaining absolute majority in Lok Sabha, the BJP’s skill of floor management has impacted the outcome. Hence apprehensions have already been expressed about the next move of the BJP i.e. Places of Worship Act, Uniform Civil Code and Right to Religion.