Waqf Bill Sent to JPC — First in 5 Years: Is it a Sign of a Weaker Modi Govt?

Waqf (Amendment) Bill has been referred to a Joint Parliamentary Committee.

(Vibhushita Singh/The Quint)

The Waqf (Amendment) Bill, 2024 was introduced by Minority Affairs Minister Kiren Rijiju in Lok Sabha on 8 August. The Opposition fiercely opposed the Bill and a few hours later, it was decided that the Bill will be sent to a Joint Parliamentary Committee (JPC).

The Opposition leaders claimed that the Bill unfairly targets Muslim places of worship while also being unconstitutional in nature.

Here's the catch.

This is the first Bill in almost 5 years that has been sent to a JPC. The last Bill that was sent to the JPC was the Personal Data Protection Bill in December 2019.

Until now, the Narendra Modi government had been criticised for pushing through Bills and Amendments without any discussion. 

While the practice of referring Bills to various parliamentary committees was a common practice in the days of the Congress-led UPA government, the first two Modi-led governments referred far fewer Bills to House committees.

As per a press release by the government, 49 Bills were passed by both the Parliament Houses between January-December 2023.

In fact, 45 Bills were cleared on the same day they were introduced in the 17th Lok Sabha, an analysis by the Association for Democratic Reforms (ADR) pointed out.

Another research, this time by PRS Legislative Research, tells us that only 16% of the Bills in the 17th Lok Sabha and 25% of the Bills in the 16th Lok Sabha were referred to committees for detailed scrutiny.

Bills to JPC — Then Vs Now

Let's compare this to UPA’s time.

In the 14th Lok Sabha, which was during the Manmohan Singh government’s first term, 60% Bills were referred to committees. In the 15th Lok Sabha, the term of UPA 2, 71% Bills were referred to committees for scrutiny.

When it came to the Waqf Bill, INDIA bloc leaders and others stated that it violated the right to freedom of religion and the freedom to manage religious affairs, among others.

The 44 amendments in the Waqf (Amendment) Bill, 2024, propose to curb the authority of waqf boards, permit greater control by the government, allow non-Muslims to be members of the boards, change how waqf tribunals function and restrict the donation of properties.

Now, a waqf board is supposed to oversee the philanthropic endowments made by citizens – mostly Muslims – for religious reasons. India has 30 waqf boards, each carved out for a state or a Union territory. Collectively, they control around 9 lakh properties across India.

'Can a Non-Hindu Be Part of Ayodhya Mandir Trust?'

When BJP’s Kiren Rijiju defended the Bill, he said that it was being done for poor Muslim women and children, that he’s doing what UPA couldn’t do.

After a while, he also made statements like: “Kuch logo ne, mafia logo ne waqf board ka kabza rakha hua hain." (Some people, the Mafia has taken possession of the Waqf Board).

However, he didn’t provide any report or fact to substantiate his argument.

Calling it an attack on the Constitution, KC Venugopal of Congress asked: “Can we even think a non-Hindu be a part of the Supreme Court ordered Trust set up for Ayodhya mandir?”

SP leader Mohibbullah also pointed out that in the Hindu Endowment Act, in Karnataka, Tamil Nadu, Bihar, Odisha, only Hindu members can be part of the same, only Sikh members have the right to part of the Shiromani Gurudwara Parbandhak Committee.

But apart from the Opposition leaders, TDP went on to support the Bill being sent to JPC as it seems the party doesn't want to alienate minorities. In the run-up to elections, TDP chief N Chandrababu Naidu promised to ensure that the rights of minorities are well protected.

On the other hand, the YSRCP floor leader in the Lok Sabha PV Mithun Reddy urged the Centre to seek the views of the Muslim community before advancing the bill. He supported the criticism voiced by AIMIM MP Asaduddin Owaisi regarding the Bill.

Owaisi said the Bill violates separation of powers, he said that through the Bill, the government wants to take over dargahs and masjids, making it difficult to remove encroachments.

And for all the concern for Muslim women, he sarcastically remarked that he’s sure that the government would make Bilkis Bano and Zakia Jaffri a member too.