Presentation Script — Waqf Board and Its Functions
Subject: Family Law – II | Estimated Duration: 5 Minutes
SLIDE 1 — Title Slide
(~15 seconds)
Good [morning/afternoon], everyone. My presentation today is on the Waqf Board and Its
Functions, a topic under Family Law II, governed primarily by the Waqf Act of 1995. The
institution of Waqf is one of the oldest forms of Islamic philanthropy, and its administration
in India is a subject of both enormous legal significance and contemporary debate.
SLIDE 2 — "Once a Waqf, Always a Waqf"
(~40 seconds)
The phrase on this slide — "Once a Waqf, Always a Waqf" — captures the most fundamental
legal characteristic of this institution.
Waqf means the permanent dedication of property for pious, religious, or charitable
purposes. Once dedicated, the property becomes inalienable — it cannot be sold, gifted, or
transferred. Ownership is legally understood to vest in the Almighty, removing it from
ordinary commercial transactions entirely.
To appreciate the scale: Waqf Boards are India's third-largest landowner, managing over 9.4
lakh acres — surpassed only by the Armed Forces and Indian Railways. The legal backbone is
the Waqf Act, 1995, which created both the Central Waqf Council and the State Waqf
Boards.
SLIDE 3 — Historical Evolution
(~45 seconds)
The legislative history of Waqf in India stretches over six centuries. During the reign of Firoz
Shah Tughlaq from 1351 to 1388, the practice of creating Waqfnamas — formal endowment
deeds — flourished widely.
However, in 1894, the Privy Council in Abdul Fata Mahomed Ishak v. Russomoy Dhur
invalidated family Waqfs where the charitable element was considered merely illusory. This
caused significant outrage and led to the Mussalman Wakf Validating Act of 1913, which
restored the validity of family Waqfs.
Post-independence, the Wakf Act of 1954 formally established State Waqf Boards. This was
later replaced by the comprehensive Waqf Act of 1995, which introduced specialized Waqf
Tribunals. Most recently, the UMEED Act of 2025 has introduced CAG audits, greater
transparency, and mandatory representation of women and non-Muslim members.
SLIDE 4 — Institutional Framework
(~40 seconds)
The Act creates a two-tier administrative structure.
At the national level, the Central Waqf Council under Section 9 functions as an apex advisory
body. The Union Minister in charge of Waqf is its ex-officio Chairperson, supported by up to
20 members. The Council advises both Central and State governments, monitors State Board
performance, and receives 1% of each State Board's annual income into the Central Waqf
Fund.
At the provincial level, State Waqf Boards under Section 13 are the real engines of
administration. They are corporate bodies with perpetual succession — meaning they can
sue, be sued, acquire, and transfer property. Members serve a five-year term, and the 2025
amendment mandates at least two women and two non-Muslim members on each board.
SLIDE 5 — Powers of the State Waqf Board
(~40 seconds)
Under Section 32, the State Waqf Board holds general superintendence over all Waqfs in its
state. Its key powers include:
Administration and Control — overseeing all Waqf properties and settling management
schemes. Mutawalli Oversight — appointing, removing, and scrutinising the budgets of
trustees. Recovery and Litigation — taking legal measures to reclaim encroached lands and
defending or filing suits on behalf of Waqf properties. The Board also administers the Waqf
Fund — receiving grants and donations — and has wide powers of inspection over
properties, accounts, and records.
SLIDE 6 — CEO and Mutawalli
(~30 seconds)
Two key operational roles sit beneath the Board.
The Chief Executive Officer, under Section 25, handles day-to-day management —
investigating the nature of Waqfs, inspecting accounts, and directing fund holders.
The Mutawalli is the trustee of the Waqf. A critical legal principle here: the mutawalli is the
manager, not the owner — ownership vests in God. The mutawalli must follow Board
directions, furnish returns, and permit inspections. Under Section 64, the Board can remove
a mutawalli for fraud, neglect, insolvency, or criminal breach of trust.
SLIDE 7 — Waqf Tribunals
(~30 seconds)
To ensure specialised adjudication without burdening civil courts, Section 83 authorises the
constitution of Waqf Tribunals. These are deemed civil courts and exercise full powers under
the Code of Civil Procedure.
Each Tribunal has three members: a judicial officer, a district magistrate-equivalent, and an
expert in Muslim Law. The Chairman must be a District or Sessions Judge. Appeals lie to the
High Court within 90 days. Crucially, civil courts are barred from entertaining matters that
fall within a Tribunal's jurisdiction.
SLIDE 8 — Case Laws and Conclusion
(~40 seconds)
Three cases define the limits of Waqf authority.
In Board of Waqf, West Bengal v. Anis Fatma Begum (2019), the Supreme Court held that
Waqf Tribunals cannot adjudicate disputes involving non-Muslim parties unless the issue
directly concerns Waqf property.
In XYZ v. Delhi Waqf Board (2023), the Delhi High Court ruled that mere inclusion in Waqf
records does not amount to legal classification — concrete historical and legal evidence is
required. And in Ramesh Gobindram v. Sugra Mirza Wakf, the court reaffirmed that
ownership disputes with third parties require a clear legal nexus to Waqf property.
On the challenge side — the Sachar Committee Report of 2006 found that over 70% of Waqf
lands are illegally occupied or underutilised. The way forward lies in digitisation, CAG audits,
and genuine depoliticisation — so that these endowments can serve their original purpose:
the welfare of the community.
Thank you.