JAMMU: The Speaker of the Jammu & Kashmir Legislative Assembly, Abdul Rahim Rather, on Monday disallowed discussion on the Waqf Amendment Bill 2025 passed by Parliament, stating that the matter is sub judice.
As proceedings resumed in the Assembly after a 12-day break, legislators from the treasury benches — including members of the NC, Congress, AAP, and independents — demanded that the adjournment motion moved by 10 members to discuss the Waqf Amendment Bill be accepted.
“We (at least 10-12 members) have moved an adjournment motion to seek discussion on the Waqf Amendment Bill passed by Parliament. We are not questioning the authority of Parliament, but under Article 56, we have every right to speak on something that has been passed by it,” said senior NC leader and MLA Tanvir Sadiq.
The move was opposed by BJP members, who argued that the House cannot deliberate on laws passed by Parliament.
Amid strong opposition from BJP members, Sadiq cited precedents, noting that assemblies in Rajasthan, Punjab, Haryana, and West Bengal had previously discussed central laws like GST and the farm laws. “There is a precedence that exists when the NRC was passed,” he added.
The NC leader emphasized that central laws have been discussed in the J&K Assembly before. “I request that since J&K is a Muslim-majority state, the discussion on the Waqf Bill passed by Parliament is very important here. It directly impacts the people of J&K. I request that the adjournment motion be admitted so that we can have a discussion on it,” Sadiq said.
However, BJP members stood up from their seats and opposed the move, insisting that the Assembly cannot discuss laws passed by the central government. This led to an uproar and noisy scenes, as both the ruling alliance and BJP members stuck to their respective positions.
Amid continuous uproar, Speaker Rather clarified that he had received adjournment motions from nine members seeking discussion on the Bill, which has now become law after receiving presidential assent.
Disallowing the discussion, Rather said, “According to Rule 58 sub-rule 7, no issue under adjudication by a court of law can be taken up through an adjournment motion. This Act has already been challenged in the Supreme Court.”
He added, “I have the copies of the writ petitions filed in the apex court. Since the matter is being heard by the Supreme Court, this House cannot discuss it.”
As ruling alliance members continued to press for a discussion, the Speaker reiterated, “When the rule clearly says a matter under adjudication in a competent court cannot be discussed, I disallow the discussion.”
He emphasiSed that it is up to the Supreme Court to decide whether the law is legal or constitutional.
When a member pointed out that Tamil Nadu had passed a resolution against the Waqf Amendment Bill, Rather responded, “The resolution in Tamil Nadu was passed before the matter became sub judice. It was challenged in the Supreme Court on April 6.”
Amid continued noisy scenes, the Speaker adjourned the House for 15 minutes.