Tuesday, the Supreme Court said that the Haryana Sikh Gurdwara (Management) Act, 2014, which made a separate committee to run the business of gurdwaras in the state, was legal under the constitution.
The Shiromani Gurdwara Prabandhak Committee member’s request for the repeal of the Haryana Sikh Gurdwara Act was denied by a court panel made up of Justices Hemant Gupta and Vikram Nath.
Harbhajan Singh, a resident of Haryana, claimed that Section 72 of the Punjab Reorganisation Act, 1966, states that the power to make laws regarding the SGPC as an inter-state body corporate has been reserved with the Central Government only and that there is no legal provision for any bifurcation by enacting state legislation. Harbhajan Singh’s 2014 petition was heard by the top court.
According to the appeal, the rushed enactment violates both the Punjab Reorganisation Act’s statutory and constitutional requirements and is divisive in that it seeks to sow discord among Sikh believers. ”
As the topic of religious institutions corresponds to Entry 28 List III, the law prohibits Haryana from passing laws on a subject that is already covered by central legislation. The severe legal requirements with regard to interstate bodies corporate have not been followed.
The petition had stated, “It is important to note that the Central Government has carried out its mandate with regard to several actions, including reservation of constituencies, establishment of the Sikh Gurdwara Elections Tribunal, and notification of gurdwaras to bring them within the provisions of Section 85 of the 1925 Act.”
Supreme Court upholds Haryana Sikh Gurdwara Management Act’s legality
