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UPSC Essentials brings to you its initiative for the practice of Mains answer writing. It covers essential topics of static and dynamic parts of the UPSC Civil Services syllabus covered under various GS papers. This answer-writing practice is designed to help you as a value addition to your UPSC CSE Mains. Attempt today’s answer writing on questions related to topics of GS-2 to check your progress.
What is a Waqf property and how is it governed? Discuss the recent changes proposed to the Waqf Act.
Discuss the constitutional provision for adjudication of disputes relating to waters of inter-State rivers or river valleys. Why plans for a new irrigation canal have raised concerns in Punjab?
Introduction
— The introduction of the answer is essential and should be restricted to 3-5 lines. Remember, a one-liner is not a standard introduction.
— It may consist of basic information by giving some definitions from the trusted source and authentic facts.
Body
— It is the central part of the answer and one should understand the demand of the question to provide rich content.
— The answer must be preferably written as a mix of points and short paragraphs rather than using long paragraphs or just points.
— Using facts from authentic government sources makes your answer more comprehensive. Analysis is important based on the demand of the question, but do not over analyse.
— Underlining keywords gives you an edge over other candidates and enhances presentation of the answer.
— Using flowcharts/tree-diagram in the answers saves much time and boosts your score. However, it should be used logically and only where it is required.
Way forward/ conclusion
— The ending of the answer should be on a positive note and it should have a forward-looking approach. However, if you feel that an important problem must be highlighted, you may add it in your conclusion. Try not to repeat any point from body or introduction.
— You may use the findings of reports or surveys conducted at national and international levels, quotes etc. in your answers.
Self Evaluation
— It is the most important part of our Mains answer writing practice. UPSC Essentials will provide some guiding points or ideas as a thought process that will help you to evaluate your answers.
QUESTION 1: What is a Waqf property and how is it governed? Discuss the recent changes proposed to the Waqf Act.
Note: This is not a model answer. It only provides you with thought process which you may incorporate into the answers.
Introduction:
— A Waqf is a personal property donated by Muslims for a specific purpose, whether religious, philanthropic, or private. While the beneficiaries of the property may differ, ownership of the property is assumed to be with God.
— A Waqf can be established through a deed, instrument, or orally, and a property can be considered Waqf if it has been used for religious or charity reasons for an extended period of time.
— Once a property is declared Waqf, its character changes permanently and cannot be altered.
Body:
You may incorporate some of the following points in the body of your answer:
How is a Waqf governed?
— Waqf properties in India are controlled by the Waqf Act of 1995. However, India has had a legal framework for managing Waqfs since 1913, when the Muslim Waqf Validating Act went into effect.
— Following independence, the Central Waqf Act of 1954 was passed, which was eventually replaced by the Waqf Act of 1995.
— The law was changed in 2013 to make encroaching on Waqf property punishable by up to two years in prison, as well as explicitly prohibiting the sale, gift, exchange, mortgage, or transfer of Waqf property.
— The Waqf law calls for the appointment of a survey commissioner to keep track of all Waqf properties by conducting local investigations, summoning witnesses, and requisitioning public records.
— A mutawalli (caretaker) manages and supervises Waqf properties. Waqf properties are managed in the same way that trust properties are managed under the Indian Trusts Act of 1882.
Recent changes proposed
— The Bill seeks to change the name of the parent Act from the Waqf Act, 1995, to the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.
— It seeks to introduce three new provisions in the Act:
(i) Section 3A, which states that no person shall create a Waqf unless he is the lawful owner of the property and competent to transfer or dedicate such property. This provision appears to address the assumption that land that does not belong to an individual is not given as Waqf.
(ii) Section 3C(1), which states that “government property identified or declared as Waqf property, before or after the commencement of this Act, shall not be deemed to be a Waqf property”.
(iii) Section 3C(2), which empowers the government to decide if a property given as Waqf is government land. “If any question arises as to whether any such property is a Government property, the same shall be referred to the Collector having jurisdiction who shall make such inquiry as he deems fit, and determine whether such property is a Government property or not and submit his report to the State Government.”
— The proposed Bill would also give the central government the power to “direct the audit of any Waqf at any time by an auditor appointed by the Comptroller and Auditor-General of India, or by any officer designated by the Central Government for that purpose”.
— The Bill also redefines how a property is deemed to be in the possession of Waqf. as it seeks to remove the concept of “Waqf by use”.
Conclusion:
— The Bill proposes to change the composition of Waqf Boards in states. It proposes to allow even a non-Muslim CEO, and gives the power to the state government to have at least two non-Muslim members to the state Waqf Boards.
— A Waqf Board is headed by a chairperson, and has one or two nominees from the state government. The board has powers under the law to administer the property and take measures for the recovery of lost properties of any Waqf, and to sanction any transfer of immovable property of a Waqf by way of sale, gift, mortgage, exchange, or lease.
(Source: Explained: The proposed changes to Waqf law by Asad Rehman)
Points to Ponder
What is a waqf board?
What are the functions of a waqf board?
Related Previous Year Questions
Discuss the contribution of civil society groups for women’s effective and meaningful participation and representation in state legislatures in India. (2023)
“Though women in post-Independent India have excelled in various fields, the social attitude towards women and feminist movement has been patriarchal.” Apart from women education and women empowerment schemes, what interventions can help change this milieu? (2021)
QUESTION 2: Discuss the constitutional provision for adjudication of disputes relating to waters of inter-State rivers or river valleys. Why plans for a new irrigation canal have raised concerns in Punjab?
Note: This is not a model answer. It only provides you with thought process which you may incorporate into the answers.
Introduction:
— Article 262 of the Constitution of India provides for the adjudication of disputes relating to waters of inter-state rivers or river valleys.
— Parliament may, by law, provide for the resolution of any dispute or complaint relating to the usage, distribution, or control of the waters of or in any interstate river or valley.
— Parliament may by law declare that neither the Supreme Court nor any other court shall have jurisdiction over any such dispute or complaint.
Body:
You may incorporate some of the following points in the body of your answer:
— The Punjab government is facing a significant financial crisis, and several experts have questioned the technical feasibility of the proposed 149.53-kilometre Malwa canal.
— The projected 50-foot-wide, 12-foot-deep canal will begin at the Harike Headworks on the Sutlej River in Ferozepur district and convey 2,000 cusecs of water.
— The Malwa Canal aims to give additional water to the left side of the Rajasthan Feeder canal, which the Sirhind Feeder cannot adequately supply, particularly during the peak kharif paddy sowing season.
— The biggest challenge for the state, which is already saddled with a debt burden of Rs 3.5 lakh crore, is raising funds for the Rs 2,300 crore project. The state is considering obtaining funds from the National Bank for Agriculture and Rural Development (NABARD).
— The standard procedure for conducting a socioeconomic survey to determine the need for land acquisition and estimate the extent of human displacement, rehabilitation, and compensation will have to be followed.
— Environmental clearance, authority to remove trees, and approval from the Central Water Commission will be required.
Conclusion:
— Under the Inter-State River Water Disputes (Amendment) Act, 2019, the central government will set up an Inter-State River Water Disputes Tribunal which will consist of a Chairperson, Vice-Chairperson, three judicial members, and three expert members.
(Source: In water-starved Punjab, why plans for a new irrigation canal have raised concerns by Kanchan Vasdev, Constitution of India)
Points to Ponder
Vansadhara River Water Dispute Tribunal
Godavari Water Disputes Tribunal
Cauvery Water Disputes Tribunal
Related Previous Year Question
Constitutional mechanisms to resolve the inter-state water disputes have failed to address and solve the problems. Is the failure due to structural or process inadequacy or both? Discuss. (2013)
UPSC Essentials: Mains answer practice — GS 1 (Week 63)
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UPSC Essentials: Mains answer practice — GS 2 (Week 62)
UPSC Essentials: Mains answer practice — GS 2 (Week 63)
UPSC Essentials: Mains answer practice — GS 3 (Week 63)
UPSC Essentials: Mains answer practice — GS 3 (Week 64)
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