With the ruling Shiromani Akali Dal in Punjab gearing up for Massive Panthic Convention on July 27 in Amritsar, the controversy over carving out a separate Shiromani Gurdwara Parbandhak Committee (SGPC) for Haryana is getting murkier.
While the SAD has put off its crucial core committee meeting — scheduled for Thursday — for Saturday, the Punjab Congress alleged that the Akali Dal’s move is aimed at “reviving its eroded base”.
On the other hand, in a counter-offensive, the Haryana Government has convened a convention in Karnal on the next day, on July 28.
At the same time, senior Supreme Court lawyer and Aam Aadmi Party leader HS Phoolka came to Haryana Government’s rescue maintaining that the Centre “cannot” dismiss Haryana Government for not following directions on the Haryana SGPC.
This comes at a time when various Sikh organisations in Punjab — including International Sikh Confederation, Chandigarh; Institute of Sikh Studies, Kanthala Sahib; Bhai Gurdas Institute, Anandpur Sahib; Sukhmani Sahib Seva Society, Hoshiarpur; Shiromani Khalsa Panchayat; Gurmati Gian Missionary College, ludhiana; among others — have come to support the SAD in its protest against the Congress-led Haryana Government.
Only a day before, the Haryana Government constituted a 41-member ad-hoc panel for HSGMC, including Haryana Sikh leaders Jagdish Jhinda and Didar Singh Nalvi, to manage, supervise and take over the assets of Gurdwaras in the State.
launching a frontal attack on Punjab Chief Minister Parkash Singh Badal, State Congress chief Partap Singh Bajwa said that he was playing his card of “political opportunism” by portraying his proposed agitation against formation of HSGPC “as panth versus Congress fight” targeted at reviving Akali Dal base whose erosion had been reflected in the recent lok Sabha elections.
“The so-called fight against bifurcation of Amritsar-based SGPC is to divert tsunami of anger among the people against the Government,” said Bajwa, describing the proposed morcha as “Badal’s last hoax call to which the people of Punjab would not respond”.
Bajwa reminded Badal that the issue had first cropped up way back in 1972 but despite that, he abandoned his party’s demand for All India Gurdwara legislation which could have ended such controversies as that would have given representation to the Sikhs from all over the country and ensured their participation in the management of their own shrines.
Terming the Centre’s act of threatening to invoke Article 356 as “totally illegal and in violation of the principles laid down by the Supreme Court”, Phoolka cited several rulings and instances to prove that Centre cannot dismiss the Haryana Government in case it refused to bow down.
“Under Article 355 of the Constitution India, it is the duty of the Union to protect States against external aggression and internal disturbances and to ensure that State Government follows the Constitution. This Article could also mean that Centre is bound to oppose and check disturbances being created by Punjab Government in Haryana, as the same being an act of aggression,” pointed Phoolka.
“There have been many instances in the past where an act passed by State is against a Central Act or against the Constitution. In such cases the Supreme Court decided the issue. One of the known cases of this nature is the matter of migrants of Assam,” he added.
Phoolka said that Centre can give direction to the State under Article 256. “Supreme Court has held that in every case where the directions of the Central Government are not followed by the State, does not make out a case for dismissal of the State Government and warrant action against the State Government. It is only in a case of very serious nature where Article 356 needs to be invoked,” he added.
He pointed that Apex Court has laid down that President has to judge that if, by not following the directions of the Central Government, the situation arisen is of such a grave nature that it can be said that the functions of the State Government cannot be carried out in accordance with the provisions of the Constitution.
Unless the President arrives to this conclusion, the Government of a State cannot be dismissed under Article 356. At the same time, Phoolka pointed that the Supreme Court has also “cautioned Central Government to use Article 356 only in a situation of grave nature”.
Phoolka said that it was most surprising that Akali Dal has all of a sudden changed its decades old stand. “SAD throughout has been protesting against the misuse of Article 356 and dissolving the State Government, and has been demanding total implementation the recommendations of Sarkaria Commission,” added Phoolka.
The senior lawyer said that the HSGPC issue is “purely related to the interpretation of law”.