In a first, Hindu members included in Madhya Pradesh Wakf board after law amendment
The Madhya Pradesh government reconstituted its 10-member State Waqf Board following the enactment of the Waqf (Amendment) Act, 2025.
A new chairman was appointed to head the reconstituted board.
For the first time in India, two non-Muslim members — Manoj Malpani and Animesh Bhargava — were inducted into a State Waqf Board, making Madhya Pradesh the first state to implement this provision of the amended law.
This reconstitution marks the first practical application of the Amendment Act's mandate for non-Muslim representation in Waqf governance bodies at the state level.
Waqf and Its Legislative History in India
A Waqf (also spelled Wakf) is a permanent dedication of movable or immovable property by a Muslim for religious, pious, or charitable purposes as recognized by Muslim law. Waqf properties are among the largest landholdings of any religious or charitable body in India. Parliament legislated on the subject under Entry 10 of the Concurrent List (personal law) and Entry 28 (charities). The Waqf Act, 1954 was the first comprehensive central statute; it was repealed and replaced by the Waqf Act, 1995, which established State Waqf Boards with expanded powers — including the power under the then-Section 40 to declare any property as Waqf property — and created a Central Waqf Council under the Ministry of Minority Affairs for national-level oversight. The 1995 Act also established Waqf Tribunals to adjudicate disputes, with civil courts barred from entertaining waqf-related cases.
Key Details
- Waqf Act, 1954: First comprehensive central legislation; established Central Waqf Council and State Waqf Boards.
- Waqf Act, 1995: Replaced the 1954 Act; gave boards expanded powers; introduced Waqf Tribunals; restricted civil court jurisdiction.
- Ministry of Minority Affairs: Nodal ministry for Waqf governance at the central level.
- Central Waqf Council (CWC): Advisory body to the Union Government on Waqf management; constituted under Section 9 of the 1995 Act.
The Madhya Pradesh reconstitution is the first state-level exercise of the non-Muslim membership provision introduced by the 2025 Amendment, directly implementing a structural change to the composition mandated by the new Act.
Waqf (Amendment) Act, 2025 — Key Changes
Parliament passed the Waqf (Amendment) Act, 2025, introducing sweeping changes to the administration and regulation of Waqf properties in India. Among the most debated changes is the mandatory inclusion of non-Muslim members in both the Central Waqf Council and State Waqf Boards. The law also removes the old Section 40 power under which Waqf Boards could unilaterally declare any property as Waqf, now requiring a formally executed Waqf deed for creation of a new Waqf. Additionally, the Act restricts Waqf creation to individuals who have practiced Islam for at least five years, and mandates digitization of all Waqf properties within six months of enactment.
Key Details
- Non-Muslim membership: State Waqf Boards must include at least two non-Muslim members (maximum three); Central Waqf Council maximum four non-Muslim members.
- Section 40 removed: Waqf Boards can no longer unilaterally declare properties as Waqf.
- New Section 36 amendment: Waqf creation now requires a formally executed deed.
- Section 3(r): Only a person practicing Islam for a minimum of five years can create a new Waqf.
- Contribution reduction: Mandatory Waqf Board contribution reduced from 7% to 5% of Waqf income.
- Waqf by user: Provisions allowing recognition of Waqf based on long-standing usage (without deed) were removed.
- Supreme Court interim direction: The Court directed that non-Muslim members should not form a majority in Waqf bodies and that the chairperson should as far as possible be from the Muslim community.
Madhya Pradesh's induction of two Hindu members directly implements the non-Muslim membership clause — the first state to operationalize this provision at board level.
Constitutional Dimensions — Articles 25, 26, and 29
The Waqf Amendment Act has been challenged in the Supreme Court on grounds of possible conflict with Articles 25 and 26 of the Constitution. Article 25 guarantees every individual the right to freely profess, practice, and propagate religion. Article 26 grants every religious denomination the right to establish and maintain institutions for religious and charitable purposes, manage its own affairs in matters of religion, and own and administer property. Critics argue that mandating non-Muslim members in Waqf governance may interfere with the Muslim community's right under Article 26 to administer its own religious endowments. The government's position is that Waqf Boards are statutory (not purely religious) bodies and that regulatory reform does not violate religious freedom. Notably, the Supreme Court in earlier challenges to the 1995 Act held that that Act did not violate Articles 25 and 26. The current challenge (In re: Waqf Amendment Act, 2025) is pending.
Key Details
- Article 25: Individual right to freedom of religion.
- Article 26: Denominational right to manage religious affairs and property — applicable to Waqf administration.
- Article 29: Cultural and educational rights of minorities.
- Supreme Court case: In re: Waqf (Amendment) Act, 2025 — constitutionality under challenge; Supreme Court has stayed certain provisions pending hearing.
The appointment of non-Muslim members to the MP Waqf Board is the live implementation of the most constitutionally contested provision of the 2025 Act, making this directly relevant for both Prelims (fact-based) and Mains (analytical, rights dimensions).
- The Waqf Act, 1954 was the first comprehensive central law on Waqf; replaced by Waqf Act, 1995.
- The Waqf (Amendment) Act, 2025 mandates a minimum of two non-Muslim members in every State Waqf Board.
- Madhya Pradesh is the first state to appoint non-Muslim members to its Waqf Board under the new law.
- The Central Waqf Council may have a maximum of four non-Muslim members; State Boards a maximum of three.
- The old Section 40 power (unilateral declaration of property as Waqf) has been abolished.
- Mandatory Waqf Board contribution reduced from 7% to 5% of Waqf income under the 2025 Amendment.
- Waqf creation now requires a minimum five-year practice of Islam by the creator (Section 3(r)).
- The Supreme Court has issued interim directions pending its hearing on the constitutional validity of the 2025 Act.
- Waqf properties are estimated to be among the largest landholdings of any religious or charitable institution in India.