VidhiSangh

Supreme Court of India · 20/09/2022

HARBHAJAN SINGH versus STATE OF HARYANA & ORS.

[2022] 12 S.C.R. 1113 · 2022 INSC 989

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Summary

The Haryana Sikh Gurdwara (Management) Act, 2014 created a separate Haryana committee to manage Gurdwaras in Haryana, taking them out of the control of the SGPC, the Board under the Sikh Gurdwaras Act, 1925. The SGPC had become an inter-State body corporate when Punjab was reorganised. A Sikh voter and the SGPC, supported by the Union, challenged the Act under Article 32. They argued that only Parliament could legislate under Entry 44 of List I or Section 72 of the Punjab Reorganisation Act, 1966 and the Inter-State Corporation Act, 1957, and that the Act violated Articles 25 and 26. The Supreme Court upheld the Act. The Union's power to issue directions under Section 72 was transitional and did not displace the successor States' competence under Entry 32 of List II. Entry 28 of List III was not attracted, and Sikhs alone still manage the Gurdwaras.

Issues

  1. Whether Section 72 of the Punjab Reorganisation Act, 1966 and Sections 3 and 4 of the Inter-State Corporation Act, 1957 are transitional provisions
  2. Whether the Haryana Act falls within the State's competence under Entry 32 of List II or within Parliament's exclusive field under Entry 44 of List I
  3. Whether the Haryana Act falls under Entry 28 of List III and is void for want of Presidential assent under Article 254(2)
  4. Whether the Haryana Act violates Articles 25 and 26

Provisions considered

Held

Result

Writ petitions dismissed and the Haryana Sikh Gurdwara (Management) Act, 2014 upheld. Civil Appeal No. 6614 of 2022 dismissed as having no subsisting cause.

Judgment PDF: Supreme Court of India, [2022] 12 S.C.R. 1113.