With proposal to have a separate SGPC in Haryana triggering widespread protests from the ruling Shiromani Akali Dal in Punjab, senior Supreme Court Advocate HS Phoolka on Thursday said Haryana Assembly is empowered to pass a law for separate SGPC.
Phoolka, who was also the Aam Aadmi Party candidate from ludhiana, said Haryana Government is empowered to pass law for separate HSGPC to look after the Sikh shrines in the State.
“I have been approached from many quarters to clarify the position under law on the competence of the Haryana legislative Assembly for creation of separate SGPC for Haryana. Under the law, Haryana Assembly is empowered to pass a Bill for creation of a separate SGPC for its state,” he said.
Speaking as a legal expert, Phoolka said taking away this right from Haryana Assembly would be unconstitutional. “Incorporation and regulation of religious bodies is a part of the State list under the Seventh Schedule of the Constitution of India. As such it is the subject which is under the domain and the power of State legislature. This power cannot be taken away from the State Assembly. This would be against the very purpose of the reorganization of the states,” he added.
Referring to Section 72 of Punjab Reorganization Act, 1966, he said it clearly mentions that till the provision is made by law, the Central Government would issue directions from time to time. In the absence of any law having enacted to the contrary, the functions under the 1966 Act must be performed by some authority. The Central Government with the consent of State of Haryana has merely nominated the State of Punjab to do so, he said.
He said the provision makes it amply clear that Haryana Assembly is competent to pass its own law. However, the Bill so passed by the Haryana Assembly would need the assent of the President of India, Phoolka added.
Separate Gurdwara Prabandhak Committee for Haryana could finally be a reality soon as its announcement is likely to come at a conference which is being organized in Kaithal, on July 6. The conference is being organized jointly by Didar Singh Nalwi and Jagdish Singh Jhinda, two senior leaders in Haryana who recently joined together on the issue of Haryana committee. Chief Minister Bhupinder Hooda will be present at the conference.
Haryana is ready with a Draft for a separate Gurdwara Committee and the Government could pass it in the Monsoon Session of the Haryana legislative Assembly in the second week of this month.
Badal either ignorant or befooling people on SGPC Act: Bajwa
Chandigarh: Punjab Congress president Partap Singh Bajwa on Thursday alleged that Chief Minister Parkash Singh Badal was “either too naive or deliberately befooling the people” on the Sikh Gurdwara Act, 1925, that governs the Shiromani Gurdwara Parbandhak Committee (SGPC).
“Badal was either too naïve or deliberately befooling the people by extending the logic that the Sikh Gurdwara Act, 1925, which governs the SGPC, was an act of the Parliament and hence, the Haryana Government could not tinker with it,” said Bajwa.
Challenging Badal’s statement that SGPC had come into existence “by an act of the Parliament and hence Haryana had no right to bifurcate it”, Bajwa contended that Sikhs in Haryana had every right to manage their religious affairs and the shrines and the demand was in consonance with the demand for autonomy raised by the Akali Dal from time to time, including by Badal even now.
He advised Badal to carefully read the Punjab Re-organisation Act, 1966 under which the SGPC acquired the status of inter-state body corporate. “It is this provision in Re-organisation Act which empowered the Parliament to make any change in the Sikh Gurudwara Act and hold elections to this body,” he said.