BCI's Analysis of Waqf Amendment Bill 2024: A Step Towards Transparent and Inclusive Governance

The Bar Council of India (BCI) presents a thorough analysis of the Waqf (Amendment) Bill, 2024, advocating for a renaming to reflect modern governance. Aimed at transparency, inclusion, and efficiency, the amendments propose centralization, digital documentation, and diverse representation, aligning with evolving legal frameworks and judicial precedents.

The Bar Council of India (BCI) has delivered a detailed examination of the Waqf (Amendment) Bill, 2024, to the Joint Parliamentary Committee, led by Chairperson Jagdambika Pal. This analysis sheds light on the significant implications of the proposed changes for governing waqf properties in India.

The BCI underscores the necessity for a contemporary regulatory structure, recommending a renaming of the act to encapsulate 'Management, Empowerment, Efficiency, and Development.' This strategic rebranding aims to boost transparency and ensure the effective utilization of waqf properties for the community's benefit. The Council draws on judicial precedents advocating for flexible legal frameworks that respond to modern-day challenges, as noted in its official statement.

BCI's report delves into potential critiques, legal challenges, and jurisprudential viewpoints concerning various sections of the bill. It presents a comprehensive assessment of the amendments, focusing on modern administrative needs while upholding constitutional principles. The proposed amendments, including the centralization of waqf property records and digitization, are expected to reduce unauthorized encroachments and foster improved governance. Furthermore, by proposing more inclusive representation in waqf councils and boards, the amendment seeks to promote balanced oversight, reflecting equality and diversity in its approach. The provision for appeals beyond tribunal levels aims to reinforce judicial scrutiny and promote justice and accountability, emphasized BCI chairman Manan Kumar Mishra in a statement.

(With inputs from agencies.)