States cannot refuse to implement Waqf law, says BJP

New Delhi | States cannot refuse to implement the Waqf Amendment Act, the BJP asserted on Monday citing constitutional provisions, and slammed the Congress and other INDIA bloc constituents over their continued opposition to the law.

The assertions came after Jharkhand Mukti Morcha (JMM) MLA and state minister Hafizul Hassan reportedly said that, to him, Sharia came first and then the Constitution, while Karnataka minister BZ Zameer Ahmed Khan claimed the law would not be implemented in the state.

On Saturday, Chief Minister Mamata Banerjee had also said the Act would not be implemented in West Bengal.

Asked for comment, BJP national spokesperson Sudhanshu Trivedi described their stance on the issue as "a matter of serious concern" and said they made it clear with their remarks that the Constitution would be in danger if their parties continued to remain in power.

He also termed their remarks an insult to BR Ambedkar, the chief architect of the Constitution.

"We want to make it clear that after the 73rd and the 74th amendments in the Constitution, powers of the Centre, state and district-level governments are clearly defined. No district panchayat can go beyond the law passed by the state assembly and no state can bypass the law passed by the Centre (Parliament)," the BJP Rajya Sabha MP said.

Their statements show that they have no regard for the Constitution, Trivedi charged.

"They keep the Constitution in their pockets while the BJP and the NDA (National Democratic Alliance) keep the Constitution in their hearts. This is a fight between those who keep the Constitution in their pockets and those who keep it in their hearts," he said.

"The Congress government had passed the 73rd and the 74th amendments, which were then termed 'revolutionary'. Today, they appear to be demolishing the amendments passed by their own government," he added.

Latching on to the remarks made by the Karnataka and the Jharkhand ministers, the BJP spokesperson dared the Congress and its allies to take action against them.

"If it fails to take any action, it will become clear that the symbol of Sharia is above the Constitution for the Congress and the INDI Alliance," he said and added, "For us, the Constitution is supreme."

Trivedi also slammed Congress MP Imran Masood for his reported remarks that the amended Waqf law would be repealed within an hour if the Congress returned to power at the Centre.

"There cannot be a bigger mockery of the provisions of the Constitution than this. This shows that the Congress keeps the Constitution in its pocket. It's clear that the Constitution is under threat when it is in the Congress' hands," he said.

On Kharge's charge that BJP-RSS were "enemies" of Ambedkar, Trivedi hit back and claimed that the Constitution's chief architect was the "first victim of electoral fraud" in India's constitutional history and blamed both the Congress and the Communists.

"There are facts and literature available to tell who the enemy of Babasaheb was and who played the key role in ensuring his defeat by election fraud. Babasaheb Bhimrao Ambedkar lost his first election by 74,000 votes while 75,000 votes were declared invalid. In April 1952, he had filed a petition in the court against the election fraud," the BJP leader added.

The Congress on Monday accused the Modi government of paying only "lip service" to Ambedkar's legacy but doing nothing to fulfil his wishes, claiming the BJP-RSS were "enemies" of the Constitution's chief architect.

Hitting out at Prime Minister Narendra Modi over his criticism of the Congress' treatment of Ambedkar, Kharge cited a 1952 letter by Ambedkar in which he blamed SA Dange and VD Savarkar for his defeat in the Lok Sabha elections.

Slamming Banerjee, the West Bengal chief minister, over her remarks on the amended Waqf law, Trivedi said she had taken such a stand out of "political compulsion".

"It's because the TMC (Trinamool Congress) government has been taken hostage by fundamentalist elements. Mamata Banerjee has nothing left in her hands now," he charged.

The BJP leader termed Banerjee's remarks "very dangerous" for the country and claimed West Bengal was moving towards "anarchy" under TMC rule.

"Will Mamata Banerjee allow any district panchayat to refuse to implement any law passed by the West Bengal Assembly?" he asked.

After CPI, YSRCP moves SC challenging constitutional validity of Waqf (Amendment) Act

New Delhi | The YSRCP-led by former Andhra Pradesh chief minister Jagan Mohan Reddy on Monday moved the Supreme Court challenging the constitutional validity of the Waqf (Amendment) Act, 2025.

Prior to the YSRCP, the Communist Party of India (CPI) also filed a plea challenging the legality of the new Waqf law through its general secretary D Raja.

In its plea filed through lawyer Mahfooz Ahsan Nazki, the YSRCP cited "serious constitutional violations" and "failure to address the concerns of the Muslim community".

The plea claimed the Act violates Articles 13, 14, 25 and 26 of the Constitution -- provisions that guarantee fundamental rights, equality before law, freedom of religion, and the autonomy of religious denominations to manage their own affairs.

The inclusion of non-Muslim members under Sections 9 and 14 of the amended Waqf law is seen as interference in the internal functioning of Muslim institutions, the YSRCP said.

The provision undermines the religious character and administrative independence of the Waqf boards, it said.

The CPI, meanwhile, contended that despite opposition from the masses, the Waqf (Amendment) Bill was passed by the Centre without proper consideration of the objections raised by the members of the Joint Parliamentary Committee (formed to review the Bill) and the other stakeholders.

The plea filed through advocate Ram Sankar in the top court said the Amendment Act, published on April 5 following the assent of the President, substantially curtails the autonomy of the Waqf Board and fundamentally transforms the framework of the Waqf Act, 1995.

"It vests unchecked authority in the Central government over the administration of the Waqf Board, thereby infringing upon the rights guaranteed under Articles 25, 26 and 29 of the Constitution," the CPI said.

Earlier, several petitions were filed in the top court challenging the legislation on various grounds.

Recently, actor-politician and TVK president Vijay challenged the legislation.

A bench headed by Chief Justice of India (CJI) Sanjiv Khanna is scheduled to hear on April 16 more than a dozen petitions, including one filed by AIMIM MP Asaduddin Owaisi, challenging the constitutional validity of the Waqf law.

Besides the CJI, Justice Sanjay Kumar and Justice K V Viswanathan are part of the three-judge bench set up for hearing the petitions, according to the apex court website.

In addition to Owaisi's plea, the top court has listed for hearing petitions filed by AAP MLA Amanatullah Khan, the Association for the Protection of Civil Rights, Arshad Madani, Samastha Kerala Jamiathul Ulema, Anjum Kadari, Taiyyab Khan Salmani, Mohd Shafi, Mohd Fazlurrahim and RJD leader Manoj Jha.

A few other petitions are yet to be listed before the bench by the apex court registry.