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Grand alliance’s chief ministerial candidate during Bihar assembly elections and Rashtriya Janata Dal (RJD) leader Tejashwi Yadav on Sunday promised that if the BJP government is formed in the state, the controversial Waqf (Amendment) Act will be thrown into the dustbin. He gave this statement during election rallies organized in Muslim dominated districts of Katihar and Kishanganj of Seemanchal region.

Tejashwi Yadav said in his speech that Chief Minister Nitish Kumar always supports such forces due to which RSS and its organizations are working to spread hatred in the country. It is not wrong to call BJP ‘Bharat Jaalo Party’. If India Bloc comes to power in Bihar, we will abolish the Waqf Act.

What is Waqf Amendment Act?

The Waqf (Amendment) Act 2025 was passed by Parliament in April. The NDA government at the Center claims that the purpose of this law is to economically and socially empower the Muslim community, especially women. However, the opposition alleges that this Act violates the rights of Muslims and increases government interference in the affairs of religious institutions. This is the reason why deep opposition is being seen in political and religious circles on this issue.

BJP’s counterattack

This statement of Tejashwi Yadav has created a political stir. BJP said that this Act was passed by the Parliament and approved by the Supreme Court. BJP national spokesperson Syed Shahnawaz Hussain said that RJD leaders are misleading the public. The Waqf Amendment Act has been passed in the Parliament, the state governments cannot cancel it. This statement reflects his frustration.

BJP MP Manoj Tiwari also targeted Tejashwi Yadav. He said that the Waqf Board bill was not passed in the Assembly but in the Parliament. One should make statements only after understanding one’s constitutional limitations.

Can a state repeal the Waqf Act?

Constitutionally, no state government has the right to repeal the law passed by the Parliament. However, the state government can request amendments from Parliament or challenge the provisions in court. Under Article 256 of the Constitution, no state can refuse to implement a central law. Whereas Article 254(2) allows the state to make its own law on that subject with the approval of the President.

Supreme Court’s comment

The Supreme Court has refused to repeal the Waqf (Amendment) Act, 2025, but has stayed some of its provisions. These also include the provision in which it was said that only a person who has been following Islam for the last five years can declare the property as Waqf. “There is always a presumption in favor of the constitutionality of a law, and judicial intervention should be done only in rare cases,” the court said in its order in September.