The Supreme Court on Tuesday upheld the constitutional validity of the Haryana Sikh Gurdwaras (Management) Act, 2014, underneath which a separate committee was constituted to handle the affairs of gurdwaras within the state.
A bench of Justice Hemant Gupta and Justice Vikram Nath dismissed a petition by a member of the Shiromani Gurdwara Prabandhak Committee looking for quashing of the Haryana Sikh Gurdwara Act.
The apex courtroom’s determination got here on a 2014 petition filed by Harbhajan Singh, a resident of Haryana, which contended that Section 72 of the Punjab Reorganization Act, 1966 states that the facility to make legal guidelines with respect to the SGPC as an inter-state physique company Is. Reserved solely with the central authorities and the regulation doesn’t include any provision for any division by enactment of state regulation.
The petition had contended that the hasty act was not solely towards the constitutional provisions and statutory provisions of the Punjab Reorganization Act, however was additionally divisive with the intention of making variations among the many followers of Sikhism.
“Under the regulation, Haryana can not legislate with respect to a topic which is already in possession of a central regulation as the topic of non secular establishments pertains to entry 28 List III. Strict provisions haven’t been adopted in respect of inter-state physique company underneath the regulation.
“It is important to note that the mandate has been given by the Central Government in respect of several functions including reservation of constituencies, constitution of Sikh Gurdwara Election Tribunal and notification of Gurdwaras within the provisions of Section 85 of the 1925 Act,” the petition had mentioned. .
With inputs from TheIndianEXPRESS
