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row over separate gurdwara panel for haryana
Legal luminaries say Centre has little power to intervene
Saurabh Malik
Tribune News Service

Chandigarh, July 19
Many legal experts insist that the Centre has little power to intervene after it asked the Haryana Governor to withdraw his assent to a Bill paving the way for a separate SGPC.

A day after the Centre shot off a letter claiming that the state Assembly did not have the legal authority to enact such a law, a majority of legal eagles The Tribune talked to said the Union Home Ministry’s directive to have the Bill withdrawn lacked jurisdiction.

The opinions have given rise to a legal debate not just on the contentious legislation, but also on the Centre’s powers to intervene and issue directives to the state governments on enactment of laws by the state Assemblies. The dispute is being seen as first signs of a long-drawn battle that is threatening to shift from political turf to legal grounds.

Manjit Singh Khaira, senior advocate-cum-expert on Sikh issues, says the Centre has “no such powers”. Going back in time to explain the existing standoff between Punjab and the Centre on one side, and Haryana on the other, Khaira says the Union Government has little to do with the issue.

“The Sikh Gurdwaras Act was passed by the Punjab Council in 1925. At that time, the area which is now under Pakistan was also included. Later, Patiala and East Punjab States Union was also added. Between 1925 and 1961, 30 amendments were carried out in the Act by the Punjab Assembly. In 1966 came the Punjab Reorganisation Act. The Act makes it clear that the SGPC was to remain common till the state came out with its own Act. The Centre now cannot come out with such directives, particularly when the Gurdwara Act was not even a Central Act,” Khaira said.

Advocate NS Bhinder says the Centre has traversed its powers while giving directions for the withdrawal of the Bill. He makes it clear that Haryana Assembly has powers and jurisdiction to pass the Haryana Sikh Gurdwara (Management) Bill, 2014, by virtue of entry 32 of the Concurrent and entry 28 of the State List of the seventh schedule of the Constitution, coupled with the provisions of Section 72 (3) of the Reorganisation Act.

“Once the State has passed separate SGPC Act, the Centre has no powers to issue directions under Section 72 (1 & 2) of the Act, as those powers are exercisable qua the Sikh Gurdwara Act, 1925, till Haryana passes its own Bill. After the passing of the Bill, the Centre is divested of the powers under the Reorganisation Act as the state Assembly has passed an independent Act for Haryana. No directions are required to be issued by the Centre after passing of the Act,” he said.

Punjab’s ex-Advocate-General Harbhagwan Singh says the Centre’s directions hold little meaning as the Governor can’t withdraw his assent. He says once the Governor has appended his signatures, it becomes a law and even he loses right to withdraw it.

Their point of view