Punjab changes stand in SC, says Haryana has right to set up HSGMC

CHANDIGARH: The Capt Amarinder Singh-led Congress government has changed Punjab’s stand before the Supreme Court and supported Haryana’s move to set up a separate gurdwara body.

In an affidavit filed in the top court, the government has argued that respective states, not Parliament, have legislative competence to enact/amend legislation pertaining to matters of gurdwaras in their respective states.

In July 2014, the Bhupinder Singh Hooda-led Congress government had notified Haryana Sikh Gurdwara Management Committee to control and manage Sikh shrines within state, a move which left 52 gurdwaras in the state out of the control of the Shiromani Gurdwara Parbandhak Committee (SGPC).

Subsequently, the top court ordered a status quo over the control of gurdwaras on the plea of a Haryana SGPC member Harbhajan Singh, who had challenged the new law, saying it was unconstitutional.

The legality of the law -- Haryana Sikh Gurdwara (Management) Act, 2014 — is pending before the apex court and tentatively listed for hearing in April.

The then SAD-BJP government headed by Parkash Singh Badal had opposed the setting up of HSGMC and echoed Sthe

GPC’s views that Haryana did not have the legislative competence to enact such a law.

The latest affidavit filed by Punjab’s secretary, department of home affairs and justice, Rahul Bhandari, states: “The Sikh Gurdwaras Act, 1925, is a pre-constitutional law. So any amendment/repeal thereof and/or legislation with regard to it would be within the legislative competence of the concerned state government.”

It has been argued that there is a distinction between the Centre’s

power to issue directions for the functioning and operation of gurdwaras and competence of Parliament to legislate under Section 85 of the Act.

The existence of one does not imply the existence of the other, it has been stated further arguing that merely because the Centre has the power to pass directions under the law, it can’t be argued that Parliament has the sole power to enact or amend the legislation.

The state has referred to a full bench decision of the Punjab and Haryana high court in the matter of Sehajdari Sikh Federation vs Union of India in 2011, in which it was held that under 1925 Act, the power of Centre is limited to the extent of passing directions for functioning and operation of the SGPC and that it cannot be extended to amending the statute or such directions can’t change legislative character of the Sikh Gurdwara Act-1925.