Supreme Courtroom upholds Haryana Sikh Gurdwara (Administration) Act

Supreme Courtroom upholds Haryana Sikh Gurdwara (Administration) Act



Tribune Information Service

Satya Prakash

New Delhi, September 20

The Supreme Courtroom on Tuesday upheld the validity of the Haryana Sikh Gurdwara (Administration) Act, 2014, below which a separate committee was shaped to handle the affairs of gurdwaras within the state.

Not violative of Articles 25, 26

Because the affairs of the Sikh minority within the state are to be managed by the Sikhs alone, the Act can’t be mentioned to be violative of any of the elemental rights conferred below Articles 25 and 26 of the Structure. Bench

“Because the affairs of the Sikh minority within the state are to be managed by the Sikhs alone, it can’t be mentioned to be violative of any of the elemental rights conferred below Articles 25 and 26 of the Structure,” mentioned a Bench led by Justice Hemant Gupta, dismissing two petitions filed eight years in the past in search of quashing of the Haryana Sikh Gurdwara Act, 2014.

The Bench, which additionally included Justice Vikram Nath, famous that the Haryana Act was much like the Sikh Gurdwaras Act, 1925, having related provisions of constituting a committee to handle gurdwara affairs below Part 3 of the Haryana Act. “The gurdwara property when it comes to Part 2(f) of the Haryana Act means all movable and immovable properties of a gurdwara or any establishment which, instantly earlier than the appointed day, vested or was saved in deposit within the title of any board, belief, committee, gurdwara administration or was being regulated below the provisions of the 1925 Act. The members of the committee must be elected from the eligible voters who’re Amritdhari Sikh… The co-option is from the members of the neighborhood alone,” the Bench mentioned.

“The 2014 Act additionally offers for the Haryana Sikh Gurdwara Judicial Fee in the identical method as is offered below the 1925 Act. The affairs of the gurdwara are once more required to be managed by the native gurdwara committee,” it identified. There have been two petitions towards the Haryana Act – first by Harbhajan Singh – an elected SGPC consultant from Kurukshetra and the second by the SGPC.

The petitioners contended that below Part 72 of the Punjab Reorganisation Act, 1966, the facility to make legal guidelines in respect of the SGPC as an inter-state physique company had been reserved with the Central Authorities solely and there was no provision in regulation for any bifurcation by enacting a state laws.

Terming it a hasty enactment, the petitioners had submitted that it’s not solely towards the provisions of the Punjab Reorganisation Act, however was additionally divisive in its intention to create dissension among the many followers of the Sikh faith.

The Centre had contended that solely Parliament had the unique energy to enact regulation on the topic. “There isn’t any justification for the Haryana State Legislature to have handed a regulation on the identical subject material, taking away the jurisdiction of the board constituted below the 1925 Act.”The highest courtroom, nevertheless, dismissed the petitions, saying the Haryana Meeting had the legislative competence to enact the regulation in query.

“The SGPC grew to become inter-state physique company not due to Entry 44 Checklist I (Union Checklist below Seventh Schedule) however due to reorganisation of the territories of the erstwhile state of Punjab. Subsequently, Entry 44 would haven’t any applicability in respect of legislative competence of the state of Haryana to enact the Haryana Act,” the highest courtroom mentioned.

Holding that incorporation of a statutory physique fell in Entry 32 of Checklist II (State Checklist below Seventh Schedule), as additionally unincorporated non secular and different societies,” the highest courtroom concluded that the Haryana Act was throughout the legislative competence of the state.


#Haryana Sikh Gurdwara Administration Committee HSGMC
#Sikhs
#supreme courtroom





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