ABSTRACT

The journey of the Waqf Law in Independent India since the legislation of the Waqf Act 1954 and its Amendment in 1956, 1959, 1964 and 1984, and the subsequent enactment of Waqf Act 1995 with its Amendment in 2013 coupled with judicial response therein, have led to the emergence of a strong waqf jurisprudence. But the Waqf Law as in vogue up to 1995 could not prove to be efficacious enough for the protection of Waqf Institutions and their properties. The Waqf Act 1995 incorporated significant changes, such as democratised composition of Waqf Boards, Establishment of Waqf Tribunals in every state, providing statutory status to the Central Waqf Council, removal of the restrictions of statutory limitation under the Limitation Act 1963 (Act 36) of 1963. The Waqf Act 1995 (Act 43 of 1995) received the assent of the President of India on 22 November 1995. It was published in the Gazette of India. This Act came into force on 1 January 1996 and nullifies all the previous Acts except the Dargah Khwaja Saheb Act 1955 (Act 36 of 1955) and its Amendment Act (Act 20 of 1964).