BCI presented comprehensive analysis of the Foundation (Amendment) Bill, 2024 to the Joint Parliamentary Committee

New Delhi (India), November 4 (ANI): The Bar Council of India (BCI) submitted a comprehensive analysis of the Foundation (Amendment) Bill, 2024 to Jagdambika Pal, Chairman of the Joint Parliamentary Committee.

The presentation highlights the critical implications of the proposed changes for the management of Waqf properties in India.

In its report, BCI highlighted the need for a modern regulatory framework, which is reflected in the proposal to rename the Act to focus on “Governance, Authorization, Efficiency and Development”. In its press release, BCI stated that it draws support from judicial decisions advocating the development of legal frameworks for the welfare of society.

“In our analysis, we have considered potential criticisms, responses to anticipated legal challenges, and legal perspectives on various relevant sections of the bill. The report is meticulously structured to present a balanced view of the intent and potential impact of the amendments, highlighting modern administrative needs. BCI, “Preserving constitutional principles” The renaming of the Act to emphasize “governance, empowerment, efficiency and development” is in line with the need for a comprehensive regulatory update, reflecting a strategic shift towards transparency, efficiency and the best use of foundation properties for the well-being of society and to meet contemporary needs. It was also stated that there is a change confirmed by judicial precedents that support evolving legal frameworks. The report draws attention to precedents that underline the need for the legal evolution of foundation property management, citing landmark decisions.

The aim of these changes is to strengthen effective, transparent practices that prevent historical challenges such as mismanagement and encroachments while remaining sensitive to religious principles. The proposal to centralize waqf property records and streamline digital documents is consistent with administrative best practices. Such measures are expected to reduce unauthorized encroachments and improve management, ultimately benefiting the foundation community and the public at large. The amendment also proposes to include non-Muslims, women and representatives of various sects in foundation councils and boards, thereby increasing inclusivity. This move ensures a holistic approach to the management of foundation properties by promoting balanced and impartial oversight and aligns with the principles of equality and diversity. The amendment strengthens judicial review by enabling appeal beyond the court level and provides protection against arbitrary or potentially biased court decisions, thus promoting justice and accountability, BCI president Manan Kumar Mishra said in the press release. (MOMENT)