Punjab Assembly can't amend Sikh Gurdwaras Act, 1925: Experts

Ajay Banerjee

New Delhi, June 19

Though the Punjab Cabinet today approved an amendment to the Sikh Gurdwaras Act, 1925, to ensure free telecast of Gurbani from the Golden Temple, legal experts say that the Assembly cannot amend the Act.

The state government will bring a Bill to amend the Act of 1925 and insert Section 125-A casting duty on the SGPC to ensure free telecast of Gurbani.

Senior advocate HS Phoolka said, “The Punjab Assembly and the government have no right under the Constitution to amend the Sikh Gurdwaras Act, 1925. The Punjab Reorganisation Act, 1966, is explicit on the matter. This Act falls in the definition of ‘inter-state body corporate’ under Section 72 of the Punjab Reorganisation Act.”

Chandigarh-based Sikh intellectual Gurdarshan Singh Bahia said Section 72 was all encompassing. He cited the relevant portion of the notification of 1966, which states that “provisions of this Section shall also apply to the Board constituted under the Sikh Gurdwaras Act, 1925”.

In case of Haryana, the government passed the Haryana Sikh Gurdwaras (Management) Act, 2014. The matter was adjudicated by the SC that it was within Haryana’s rights to form a body for the Sikhs in its territory.

Phoolka said, “This does not mean that Haryana amended the Sikh Gurdwaras Act, 1925. They made their own law. Punjab can also have its own law, but it can’t amend the Act.”

Bahia pointed out that seven amendments made in the Sikh Gurdwaras Act, 1925, were done on the request of the SGPC. Phoolka said, “Five of these amendments were post-1966 and were carried out by Parliament. The ones prior to 1966 were done by the Punjab Assembly.”

Bahia said, “The Supreme Court order deciding on the voting rights to Sehajdhari Sikhs in the SGPC poll made it clear that no executive orders are to be issued with regards to the Sikh Gurdwaras Act, 1925. Only Parliament should do amendments, if needed.”

Phoolka also cited historical reference of the agreement between Jawaharlal Nehru and Master Tara Singh Akali leader when the Sikhs joined the Union of India. This agreement was between the Sikh community and the GoI and made it clear that any amendment to the Act of 1925 would be done as per the SGPC. He said, “The Punjab Assembly should just pass a resolution and send it to the SGPC for amendment in Parliament.”

State has no right

The Punjab Assembly and the government have no right under the Constitution to amend the Sikh Gurdwaras Act, 1925. This Act falls in the definition of ‘inter-state body corporate’ under Section 72 of the Punjab Reorganisation Act, 1966. HS Phoolka, senior advocate

What SC had said

The Supreme Court order deciding on the voting rights to Sehajdhari Sikhs in the SGPC poll made it clear that no executive orders are to be issued with regards to the Sikh Gurdwaras Act, 1925. Only Parliament should make amendments, if needed. Gurdarshan Singh Bahia, Sikh intellectual