Rashtriya Janata Dal (RJD) leader Tejashwi Yadav, who is Mahagathbandhan's chief ministerial candidate for the Bihar assembly elections, on Sunday promised that the controversial Waqf (Amendment) Act would be "thrown into dustbin" if the INDIA bloc is voted to power in the state. Yadav made the remark while addressing poll rallies in Muslim-dominated Katihar and Kishanganj districts in the Seemanchal region.
"But Chief Minister Nitish Kumar has always supported such forces, and it is because of him that the RSS and its affiliates are spreading communal hatred in the state as well as in the country. The BJP should be called 'Bharat Jalao Party'. If the INDIA bloc comes to power in the state, we will throw the Waqf Act into the dustbin," Tejashwi was quoted as saying by news agency PTI.
Waqf Act and controversy surrounding it
The Waqf (Amendment) Act was passed by Parliament in April. The Bharatiya Janata Party-led National Democratic Alliance (NDA) government at the Centre said that the act will benefit and empower the Muslim community, particularly the women. But the opposition has constantly criticised it, saying the act infringes upon the rights of Muslims.
Tejashwi's recent remarks have caused a row, with the BJP pointing out that the act was passed by the Parliament and was approved by the Supreme Court, adding that the RJD leader is only trying to mislead the public. "Such statements are being made to mislead the public... The Waqf Amendment Act has been passed... RJD is completely disappointed and frustrated," news agency ANI quoted BJP national spokesperson Syed Shahnawaz Hussain as saying.
BJP MP Manoj Tiwari also slammed Tejashwi, saying he is only trying to 'confuse' the people. "The Waqf Board bill is passed in Parliament, not in the assembly... One should speak according to one's capacity... You should talk about what is in your capacity," ANI quoted him as saying.
But can a state override Waqf (Amendment) Act?
No, a state cannot unilaterally take legislative or executive action to override or nullify the Waqf (Amendment) Act as it has been passed by the Parliament. However, a state government can request the Parliament to amend it or challenge its certain provisions in the court. According to Article 256 of the Constitution, a state cannot even refuse to implement a central law. However, Article 254(2) allows the state to pass a state law on the subject with an assent from the President.
"In India, State cannot unilaterally amend a Central Law. However, State has power to pass its own law on subjects in Concurrent List, provided it receives the assent of the President. Article 254(2) allows a state law on a Concurrent List subject, which is inconsistent with an earlier Central Law, to prevail within that State if it receives the assent of the President," Supriyo Sensharma, advocate and industrial law expert, said while speaking to India TV Digital.
"Even after Presidential assent, Parliament can enact a new law on the same subject to override the State law. State has to specifically inform the President of the repugnancy when seeking assent," Sensharma added.
What Supreme Court has said on Waqf (Amendment) Act?
The Supreme Court has refused to stay the Waqf (Amendment) Act, 2025, but has put on hold certain of its provisions, including the clause that only those practising Islam for the last five years can dedicate a property as Waqf.
“We have held that presumption is always in favour of constitutionality of a statute and intervention (can be done) only in the rarest of rare cases,” the court had said in its interim order in September.
