Mandate Bihar: How Tejashwi, Mahagathbandhan brought Waqf Act debate back to centerstage

Tejashwi Yadav

With the campaign in Bihar entering a 'decisive' phase with less than two weeks before the state votes in the first phase -- October 6, competing narratives and issues continue to dominate the public spaces in the poll-bound state. The newest among them to have found traction among the two important constituents of Mahagathbandhan (Rashtriya Janata Dal and Congress) is the issue of the Waqf Act.

With the initial reading indicating the hardening of stance on the contentious Waqf (Amendment) Act, Tejashwi Yadav, Mahagathbandhan's chief ministerial candidate, in his characteristic forceful manner announced from the stage in Seemanchal that the “objectionable” legislation would be “consigned to the dustbin of history” the moment his alliance comes to power.

Yadav, made the statement a day after RJD MLC Abdul Qari Saheb’s oblique threat to “tear the Act to shreds” stirred controversy, found resonance across the INDIA spectrum. In Katihar, a district with a substantial Muslim population, Tejashwi’s rhetoric drew public applause — and a political nod from Congress veteran Tariq Anwar, the local MP and former Union minister.

Congress and left publicly endorse Tejashwi's statement

During the release of his party's manifesto- the Parivartan Sankalp Patra, Dipankar Bhattacharya, the cerebral CPI(ML) Liberation leader and a key INDIA ally matched RJD scion's defiance with ideological clarity. “We will thwart the implementation of the Waqf (Amendment) Act in Bihar,” Bhattacharya vowed. “And not just this — we will resist every such central law that undermines the federal spirit of our Constitution.”

Taking aim at the Nitish Kumar government’s flagship prohibition policy, he termed the liquor ban “farcical”, promising a “critical review” should the INDIA bloc form the government. The prohibition law, in force since 2016, has long courted controversy — hailed as a social reform by some, decried as unworkable by others, with periodic hooch tragedies underscoring its failures.

On the other hand, Congress, continuing its stand against the Waqf Act, said that Yadav's statement has credence and the Grand alliance will scrap the legislation if voted to power.

A move with clear electoral motive?

In a bid to strengthen his appeal in Muslim-majority areas ahead of the Bihar Assembly polls, the Mahagathbandhan’s chief ministerial candidate Tejashwi Yadav said the Waqf (Amendment) Act would be “thrown into the dustbin” if the alliance comes to power in the elections scheduled for November 6 and 11.

While addressing a rally in the Muslim-dominated Katihar district on October 26, Yadav accused Chief Minister Nitish Kumar of allowing the Bharatiya Janata Party (BJP) and Rashtriya Swayamsevak Sangh (RSS) to enter Bihar’s political landscape, saying his father, RJD chief Lalu Prasad, had never bowed to communal forces.

Examining the legality of Tejashwi's statement

Tejashwi’ s statement on Waqf Act drew BJP’s ire which questioned whether a state CM can alter a Central law. Notably, the Waqf (Amendment) Act, passed by Parliament in April this year has been opposed by the INDIA bloc leaders saying it infringes on community rights. However, the NDA has defended it saying the Act has empowered backward Muslims and women.

Reading between the lines

In the weeks following the Presidential assent on the Waqf Bill -- following which it became a law, Nitish Kumar's JD(U) witnessed internal turmoil with five prominent Muslim faces of the party resigned in protest. Before the passage of the Bill, eight major Muslim organisations, including the All India Muslim Personal Law Board (AIMPLB), the Imarat-e-Shariah and the Jamiat Ulama-i-Hind, boycotted the iftar gathering hosted by Nitish Kumar on March 23. Some prominent non-Muslim leaders within the party are also reported to be unhappy with the party’s stand. With state Assembly elections due in October, its potential electoral impact on JD(U) is being keenly debated in Bihar’s politics.

Speaking to NDTV, Amitabh Tiwari, Managing Partner of Ascendia Strategies and Political Commentator, reasoned that “Nitish Kumar doesn't have a lot of Muslim support left...so support to Waqf is a calculated risk which he has taken.” However, the JDU has a “plus point”, Tiwari said. According to him, the JD(U) enjoys almost the same vote share in every election, but the "composition" of the party's voter base changes depending upon its alliance partners.