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Current AffairsPolity & Governance

Hindu members in Waqf Board: Political storm in Madhya Pradesh, Congress MLA vows to move court

Tuesday, 7 July 20269 min read1,759 words1

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Polity & GovernanceDeep Analysisconstitutional frameworkfederalismjudiciaryrights issues

In this article

ContextBackground & Historical EvolutionKey Points & FactsMulti-Dimensional AnalysisWay Forward

Context

Madhya Pradesh has become the first state in India to implement the provision of the Waqf (Amendment) Act, 2025 that mandates the inclusion of non-Muslim members in State Waqf Boards. The state government issued a gazette notification on Sunday, reconstituting a 10-member Madhya Pradesh Waqf Board headed by chairperson Sanwar Patel. The board includes two Hindu members—Manoj Malpani, an RSS-affiliated businessman and legal activist from Indore, and Animesh Bhargava, a BJP state media panellist and party spokesperson. The move has sparked a political controversy in the state. Congress MLA Arif Masood has vowed to challenge the decision in the Supreme Court, arguing that the matter is sub judice and that the government acted in undue haste. Senior Congress leader P C Sharma accused the BJP of using the issue to divert attention from the theft of offerings at the Ram Temple in Ayodhya and allegations against Chief Minister Mohan Yadav. In defence, state minister Vishwas Sarang said the Waqf Board is not limited to mosques and has a much broader scope, while BJP MLA Rameshwar Sharma argued that Waqf properties are public charitable assets meant to benefit the poor irrespective of religion. The notification is administrative but has escalated into an ideological and legal confrontation.

Background & Historical Evolution

The Waqf (Amendment) Act, 2025 amended the earlier Waqf Act, 1995, which governed the administration of Waqf properties—Islamic charitable endowments. The 1995 Act provided for State Waqf Boards composed entirely of Muslim members, reflecting the religious character of the endowments. Over the years, allegations of mismanagement, encroachment, and lack of transparency in the handling of Waqf properties led to demands for reform. In 2013, a Joint Parliamentary Committee (JPC) on Waqf had recommended measures to improve governance. The Narendra Modi government introduced the Waqf (Amendment) Bill in Parliament, defending it as a measure to improve transparency, curb irregularities, and protect public property. The Bill was passed despite strong opposition from several Muslim organisations and political parties, who argued that it dilutes the autonomy of religious institutions. The provision mandating at least two non-Muslim members in each State Waqf Board became one of the most contentious elements of the Act. The issue is currently sub judice in the Supreme Court, with multiple petitions challenging the constitutional validity of the amendments. Madhya Pradesh has now operationalised this provision, making it the first state to do so. The Congress party and various Muslim groups have criticised the move, alleging it infringes upon minority rights and the secular character of the Constitution. The matter reflects a broader tension between governance reforms and the protection of religious autonomy in India's legal framework.

Key Points & Facts

  • Madhya Pradesh became the first state in India to implement the provision of the Waqf (Amendment) Act, 2025 mandating non-Muslim members in State Waqf Boards.
  • The state government issued a gazette notification constituting a 10-member Madhya Pradesh Waqf Board.
  • Sanwar Patel has been appointed as the chairperson of the reconstituted Waqf Board.
  • The board includes two Hindu members: Manoj Malpani (Indore-based businessman, RSS affiliate, B.Com graduate) and Animesh Bhargava (BJP state media panellist, MBA in Financial Management).
  • Manoj Malpani has reportedly fought legal battles for people whose properties were designated as Waqf property.
  • Animesh Bhargava worked in the private sector for 18 years before joining full-time BJP work about a decade ago.
  • The Waqf (Amendment) Act, 2025 broke with the Waqf Act, 1995 by mandating inclusion of at least two non-Muslim members in state Waqf boards.
  • Congress MLA Arif Masood said he will move the Supreme Court against the decision, citing that the matter is sub judice in the Supreme Court.
  • Senior Congress leader P C Sharma alleged the step was taken to divert attention from the theft of offerings at the Ram Temple in Ayodhya and allegations against CM Mohan Yadav.
  • State minister Vishwas Sarang argued the Waqf Board is not limited to mosques; its scope is much broader.
  • BJP MLA Rameshwar Sharma argued that Waqf properties are public charitable assets and should benefit poor people irrespective of religion.
  • The Narendra Modi government defended the amendments as measures to improve transparency, curb irregularities, and protect public property.
  • Opposition parties and several Muslim organisations argued that the law dilutes the autonomy of institutions administering Islamic charitable endowments.

Multi-Dimensional Analysis

Political & Constitutional Dimensions: The move by the Madhya Pradesh government represents a direct application of a central law that has been politically polarising. The government defends the inclusion of non-Muslim members as a governance reform aimed at increasing transparency and curbing alleged irregularities in Waqf property management. State minister Vishwas Sarang emphasized that the Waqf Board's scope extends beyond mosques, arguing that viewing the board through a purely religious lens is misplaced. BJP MLA Rameshwar Sharma further argued that Waqf properties are public charitable assets, and that only those misusing them have reason to object. However, the Congress party and Muslim organisations argue that the amendment infringes upon the autonomy of religious endowments and violates the secular character of the Constitution. Congress MLA Arif Masood's plan to move the Supreme Court underscores the lack of a political consensus and the contentious nature of the law. The fact that the issue is sub judice adds a constitutional dimension, with the opposition questioning the haste of the state government in implementing a provision whose legality is yet to be upheld by the apex court. Senior Congress leader P C Sharma's allegations that the move is a diversionary tactic point to the intense electoral and ideological rivalry between the BJP and Congress in Madhya Pradesh.

Economic & Financial Impact: Waqf properties are among the largest categories of public landholdings in India, with immense economic value. The government's argument for the amendment is that non-Muslim members will bring greater scrutiny and curb alleged mismanagement and encroachment. If successful, this could unlock underutilised Waqf land for public-benefit projects, potentially generating revenue for welfare and infrastructure. However, critics argue that the inclusion of non-Muslim members may lead to disputes over property ownership and use, potentially creating legal uncertainty that could deter investment or development. The Madhya Pradesh government has not yet provided specific data on the financial value of Waqf properties in the state or projected benefits. The economic impact will ultimately depend on whether the reconstituted board functions more efficiently or becomes a source of prolonged litigation. The risk of political interference in what were historically autonomous religious trusts is a key concern for many stakeholders.

Social Dimensions: The social implications of this move are profound. The Waqf system is a centuries-old institution of Islamic charitable endowments, deeply rooted in the religious and cultural identity of India's Muslim community. For many Muslims, the Waqf Board is a symbol of religious autonomy, and its reconstitution with non-Muslim members is seen as an infringement on that autonomy. This perception can increase communal polarisation, especially in a state like Madhya Pradesh where Hindu-Muslim relations are politically sensitive. On the other hand, the government's argument that Waqf properties should benefit the poor of all religions appeals to a universal welfare narrative. Supporters of the move claim it will reduce exploitation by powerful vested interests within the community. The appointment of two Hindu members with clear political and ideological affiliations—one with the RSS and the other a BJP media face—raises questions about the neutrality of the board. The decision may be viewed as a majoritarian assertion rather than a neutral governance reform, potentially alienating minority communities and weakening social trust in state institutions.

Governance & Administrative Aspects: From a governance perspective, the government presents the move as an administrative reform aimed at accountability and transparency. Minister Vishwas Sarang's emphasis on the broad scope of the Waqf Board—covering hospitals, schools, and other public assets—highlights the potential for improved management. The immediate challenge is to ensure that the reconstituted board operates professionally and without communal bias. The appointment of individuals with clear political and ideological backgrounds may raise concerns about administrative neutrality. The fact that the Supreme Court is yet to deliver a final verdict on the constitutionality of the amendment creates a legal vulnerability; any future court ruling adverse to the provision could invalidate the current board's composition. The Madhya Pradesh government's decision to act while the matter is sub judice also raises questions about administrative prudence and respect for judicial process.

International Perspective: Other countries with significant Muslim populations manage Waqf properties differently. In many Islamic countries, Waqf boards remain exclusively under religious authority. In secular or multi-religious states such as Singapore and Malaysia, specific regulations govern Waqf properties, often with a mixture of state and religious oversight. The Indian model, under the amended Act, appears to be moving toward a more state-dominated, interfaith governance structure. This is not without precedent in India—for example, the Shri Jagannath Temple Administration includes non-Hindu members—but the context of Waqf being a minority institution makes it particularly sensitive. The implementation in Madhya Pradesh will likely be watched by other states and may influence the broader debate on balancing religious autonomy with state regulation in multi-religious democracies.

Way Forward

Short-term measures: The Madhya Pradesh government should await the Supreme Court's final verdict on the constitutional validity of the Waqf (Amendment) Act, 2025, before further consolidating the board's composition. Pending the court's decision, the newly constituted board should focus on transparent operational guidelines to address concerns about political interference. The board should immediately publish a list of all Waqf properties in the state along with their current usage and lease status to build public trust. Medium-term reforms: The government should constitute a consultative committee including Muslim community representatives, legal experts, and civil society members to advise on the board's functioning. A proper training module on Waqf law and property management should be developed for all members, including the newly appointed non-Muslim members, to ensure informed decision-making. The state should also create a transparent grievance redressal mechanism for individuals whose properties have been designated as Waqf property, as highlighted by Manoj Malpani's prior legal work. Long-term vision: The central government should consider the recommendations of the 2013 Joint Parliamentary Committee on Waqf, which had emphasized improving governance without undermining religious autonomy. International best practices from countries like Singapore, which maintains a statutory board with both religious and government oversight, could be studied. The government must ensure that any reform of Waqf institutions balances the constitutional principles of minority rights (Article 29 and 30) with the state's regulatory power over public trusts. Ultimately, the success of the amendments will depend on whether the reconstituted boards can deliver tangible improvements in property management without exacerbating communal divisions.

What can be asked in exam?

  • •Prelims angle: The Waqf (Amendment) Act, 2025, amended the earlier Waqf Act, 1995.
  • •Prelims angle: The amended Act mandates the inclusion of at least two non-Muslim members in State Waqf Boards.
  • •Prelims angle: Madhya Pradesh is the first state to implement the provision allowing non-Muslim members in the State Waqf Board.
  • •Mains angle: Discuss the constitutional and political implications of the Waqf (Amendment) Act, 2025, particularly the provision for non-Muslim members in State Waqf Boards. (GS-II: Constitution, Governance, Secularism, 250 words)
  • •Mains angle: Analyze the tension between governance reforms in religious endowments and the protection of minority rights under Articles 25, 26, 29, and 30 of the Constitution. (GS-I: Society, GS-II: Polity, 250 words)

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Reasoning · 2024

In the following number series, find out the wrong number: 2, 9, 18, 29, 43, 57, 74

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