With the Haryana Governor designate Kaptan Singh Solanki indicating that the assent given to the controversial Haryana Sikh Gurdwara (Management) Act 2014 could be looked into when he assumes office, legal experts have questioned any such decision.
In a statement, Senior Advocate and Aam Aadmi Party leader HS Phoolka said the Governor of Haryana has already given the assent to the Bill passed by the Haryana Assembly. “After the assent of the Governor of Haryana, government has issued a notification implementing the Haryana Sikh Gurdwara (Management) Act 2014. In furtherance to this notification the Haryana Government had also constituted the ad hoc HSGMC and had issued the notification,” he said.
Phoolka said a Constitution Bench of Supreme court in 2012 has held that a Bill becomes Act and comes on statute book immediately on receiving assent of President or Governor, as the case may be, which assent has got to be published in the official gazette. He said the assent of previous Haryana Governor has already been published and the Act has been notified. The Act has already been implemented as well.
“The new Governor cannot withdraw the Assent. Now only two remedy is left, one is that the Haryana Assembly Repeal or Amend the Act and the other remedy is the High Court or Supreme Court,” Phoolka said.
He said neither the Haryana Government nor the Central Government or the President can withdraw the Bill. “The President of India can make a reference to the Supreme Court to decide the legality of the Act, but making that reference would not mean that is Act is withdrawn or withheld. It is only the Supreme Court or the High Court which can now pass the order,” he added.