Bihar – The Waqf Act controversy has emerged as a major flashpoint in Bihar’s electoral landscape after INDIA bloc’s chief ministerial candidate Tejashwi Yadav made a provocative promise to “throw the Waqf (Amendment) Act into the dustbin” if his alliance comes to power. This statement, delivered during rallies in Muslim-majority districts, has triggered fierce political debate and drawn sharp criticism from the BJP, escalating tensions in the already heated electoral atmosphere.
The Waqf Act controversy represents more than just campaign rhetoric; it highlights fundamental differences between the ruling NDA and opposition INDIA bloc over religious rights, constitutional powers, and the relationship between central and state legislation.
Tejashwi’s Statement in Muslim-Majority Regions
The Waqf Act controversy intensified when Tejashwi Yadav addressed rallies in the Muslim-majority districts of Katihar and Kishanganj, areas where his statement was clearly calculated to resonate with specific voter demographics. During these addresses, the RJD leader launched a comprehensive attack on Chief Minister Nitish Kumar, accusing him of supporting communal forces.
“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 stated, making the Waqf Act controversy a central campaign issue.
By positioning the Waqf Act controversy within a broader narrative about constitutional protection and communal harmony, Tejashwi attempted to frame the upcoming election as a choice between secular and communal governance models.
Understanding the Waqf Amendment Act
To fully comprehend the Waqf Act controversy, it’s essential to understand what the legislation entails. The Waqf (Amendment) Act, passed by Parliament in April, has been championed by the BJP-led NDA as a transparency measure that empowers backward Muslims and women while reforming the management of Waqf properties across India.
However, the opposition has consistently criticized the legislation, alleging it infringes upon Muslim community rights and undermines the autonomy of Waqf boards. This fundamental disagreement over the Act’s purpose and impact forms the core of the current Waqf Act controversy, with each side presenting dramatically different interpretations of its implications.
BJP’s Legal and Constitutional Counterargument
The Waqf Act controversy prompted swift and forceful responses from BJP leaders who questioned both the feasibility and legality of Tejashwi’s promise. BJP national spokesperson Syed Shahnawaz Hussain delivered a particularly pointed critique, dismissing the RJD’s position as legally uninformed.
“RJD people are from the era of jungle raj. They do not know that the law (Waqf Amendment Act) passed by the central parliament has also been approved by the Supreme Court… Such statements are being made to mislead the public… The Waqf Amendment Act has been passed… RJD is completely disappointed and frustrated,” Hussain stated, attempting to delegitimize the Waqf Act controversy as mere political theater.
BJP MP Manoj Tiwari also weighed in on the Waqf Act controversy, emphasizing the constitutional limitations of state governments. “These people are already confusing the public. 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,” Tiwari remarked, highlighting that state assemblies cannot override central legislation.
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Origins of the Current Controversy
The Waqf Act controversy didn’t begin with Tejashwi’s recent statements but erupted initially on Saturday when RJD MLC Mohammad Qari Sohaib claimed that if Tejashwi Yadav becomes Bihar Chief Minister, “all bills will be torn apart, including the Waqf bill.” This original statement set the stage for the escalating Waqf Act controversy, providing BJP leaders with an opening to question the opposition’s understanding of constitutional governance.
The BJP-led National Democratic Alliance has since consistently criticized these statements, questioning how a state government could possibly override or nullify legislation passed by the central Parliament and upheld by the Supreme Court.
Family Legacy and Constitutional Protection Narrative
Within the Waqf Act controversy, Tejashwi Yadav invoked his father Lalu Prasad Yadav’s political legacy, claiming that the RJD supremo never compromised with communal forces. He framed the upcoming election as “a fight to protect the Constitution, democracy, and brotherhood,” attempting to position the Waqf Act controversy within a larger narrative about protecting minority rights and secular values.
Interestingly, even within Tejashwi’s own family, the Waqf Act controversy has produced nuanced responses. His brother Tej Pratap Yadav, chief of Janshakti Janata Dal, offered a measured statement: “What he (Tejashwi Yadav) will do or not is his choice, but an atmosphere that Muslim brothers are being targeted should not be created.”
Electoral Stakes and Strategic Calculations
The Waqf Act controversy unfolds against the backdrop of crucial electoral arithmetic in Bihar. The Mahagathbandhan has named Tejashwi Yadav as its Chief Ministerial candidate, with Mukesh Sahani of the Vikassheel Insaan Party as Deputy CM candidate. The elections will witness a direct contest between the NDA and Mahagathbandhan, while Prashant Kishor’s Jan Suraaj Party plans to contest all 243 Assembly seats.
With voting scheduled in two phases on November 6 and 11, and counting on November 14, the Waqf Act controversy may significantly influence voter behavior, particularly in Muslim-majority constituencies where such promises carry substantial electoral weight, even as questions about their constitutional feasibility remain unresolved.
