A fresh political storm erupted in Bihar after Rashtriya Janata Dal (RJD) leader and Mahagathbandhan’s chief ministerial face Tejashwi Yadav vowed to “throw the Waqf (Amendment) Act into the dustbin” if the INDIA bloc comes to power. His statement, made during rallies in Katihar and Kishanganj on Sunday, has reignited debate over whether a state government actually has the power to abolish or override the Waqf Board.

Addressing voters in the Muslim-majority Seemanchal region, Tejashwi Yadav accused the Nitish Kumar-led government of “siding with communal forces.”

“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,” said Tejashwi Yadav, as quoted by PTI.

The remark drew sharp criticism from the BJP, with national spokesperson Syed Shahnawaz Hussain calling it misleading.

“Such statements are being made to mislead the public… The Waqf Amendment Act has been passed… RJD is completely disappointed and frustrated,” Hussain told ANI.

BJP MP Manoj Tiwari also hit back, questioning Tejashwi’s understanding of legislative powers.

“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 said.

Can a State Government Really Abolish or Override the Waqf Board?

Legal experts say that a state government cannot unilaterally scrap or nullify the Waqf (Amendment) Act, as it is a Central law passed by Parliament. According to Article 256 of the Constitution, states are obligated to implement Central laws. However, under Article 254(2), a state may enact its own law on a concurrent subject — such as Waqf — but only with the President’s assent.

In simpler terms, while a state can propose changes or challenge specific provisions in court, it cannot abolish the Waqf Board or discard the Central Act altogether.

The Controversy Around the Waqf (Amendment) Act

Passed by Parliament in April 2025, the Waqf (Amendment) Act was introduced by the BJP-led NDA government, which said it aimed to empower the Muslim community, especially women, by bringing transparency and accountability to Waqf properties. Opposition parties, however, argue that the Act curtails community rights and centralizes control under the Union government.

Supreme Court’s Position

In September 2025, the Supreme Court declined to stay the Waqf (Amendment) Act but temporarily suspended certain provisions — including one that restricted property dedication as Waqf to those practising Islam for at least five years.

“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 observed in its interim order.

Political Implications

Tejashwi Yadav’s comments have become a rallying point in the election campaign, especially in Seemanchal, where the issue resonates deeply among minority voters. But while the political rhetoric continues to heat up, constitutional experts maintain that only Parliament — not a state government — can abolish or amend the Waqf Act.