NDLI: Harbhajan Singh Vs. State of Haryana & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Punjab Reorganization Act 1966
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Punjab Reorganization Act, 1966 – s. 72 – Haryana Sikh Gurdwara (Management) Act, 2014 – Inter-State Corporation Act. 1957 – ss. 3, 4 – States Reorganisation Act, 1956 – Whether s. 72 of the 1966 Act and ss. 3 and 4 of the 1957 Act, were transitional provisions – Held: The 1957 Act is a statute to empower the Central Government to issue directions from time to time so that on account of creation of separate States, statutory bodies in the new States can function smoothly – Central Government could issue directions in terms of the 1957 Act only to give effect to reorganisation of the States so that the inter-state entity is able to function and discharge the statutory mandate in the States so constituted – Such directions were transitional in nature so that the functioning of inter-State corporations is not obstructed or curtailed on account of reorganisation of the States – Neither the 1956 Act nor the 1966 Act nor the 1957 Act has taken away the legislative competence of the States to legislate on the subjects which finds mention in List II of the Seventh Schedule and/or in respect of matters falling in List III of the Seventh Schedule in the manner prescribed – Religious institutions – Gurdwara.Constitution of India: Legislative competence – Whether the Haryana Sikh Gurdwara (Management) Act, 2014 falls within the legislative competence of the Haryana State Legislature or it falls in Entry 44 of List I of the Seventh Schedule of the Constitution – Held: There is no provision in the Punjab Reorganization Act, 1966 which confers legislative power upon the Parliament in respect of the subjects over which the State has legislative competence in terms of List II – Therefore, the transitional provisions i.e., the 1966 Act or the Inter-State Corporation Act 1957 do not impinge upon the legislative competence of the State legislature to enact a law on the subjects mentioned in the List II – Entry 32 deals with unincorporated trading, literary, scientific, religious and other societies and associations – In respect of such matters, the competent legislature is the State – In terms of Entry 44 of List I, the Parliament will have jurisdiction only if the Shiromani Gurdwara Prabandhak Committee (SGPC) under the Sikh Gurdwaras Act, 1925 continues to be an inter-State entity – The jurisdiction of the successor States either to repeal, modify or enact a new law has not been restricted by the 1966 Act – The SGPC became inter-State body corporate not because of Entry 44 List I but because of reorganisation of the territories of the erstwhile State of Punjab – Therefore, Entry 44 would have no applicability in respect of legislative competence of the State of Haryana to enact the 2014 Act – Sikh Gurdwaras Act, 1925 – Religious institutions – Gurdwara. Constitution of India: Art. 254(2) – Presidential assent – Whether required for Haryana Sikh Gurdwara (Management) Act, 2014 – Held: For entries in concurrent list, assent of the President would be necessary if there is an existing statute and the State law is contrary to some of the provisions of the Central law – Though the Haryana Committee constituted under the 2014 Act is in respect of religious purposes, but the prime intention is of an incorporation of juristic entity to manage the affairs of the Sikhs in the State – Incorporation of such juristic entity more appropriately falls within the domain of Entry 32 of List II and not within Entry 28 of List III of Seventh Schedule – Assent of the President is not required for the validity of 2014 Act.Constitution of India: Arts. 25 and 26 – Right to freedom of religion – Whether Haryana Sikh Gurdwara (Management) Act, 2014 violates fundamental rights of the petitioners under Arts. 25 and 26 of the Constitution so as to entitle the petitioners to invoke the jurisdiction under Art. 32 of the Constitution – Held: 2014 Act is similar to the 1925 Act, inter alia having similar provisions of constituting a committee to manage the affairs under the Act – The affairs of the religious minority in the State i.e., Sikhs is left in the hands of the Sikhs alone in the same manner as was under the 1925 Act – Since, the affairs of the Sikh minority in the State are to be managed by the Sikhs alone, therefore, it cannot be said to be violative of any of the fundamental rights conferred under Arts. 25 and 26 of the Constitution – Writ petition is maintainable on the ground that the said writ petitions have been pending before this Court for almost 8 years wherein an interim order has been in operation throughout – Additionally, the questions, being purely legal, have been examined to give finality to the issues arising in the two matters.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2022 INSC 989
Petitioner	Harbhajan Singh
Respondent	State Of Haryana & Ors.
SCR	[2022] 12 S.C.R. 1113
Judgement Date	2022-09-20
Case Number	735

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Harbhajan Singh Vs. State of Haryana & Ors.

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