States cannot refuse to implement Waqf law, says BJP

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 added.