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Supreme Court docket upholds validity of Haryana Sikh Gurdwara Administration Act

The Supreme Court docket on Tuesday upheld the constitutional validity of the Haryana Sikh Gurdwara (Administration) Act, 2014 below which a separate committee was fashioned to handle the affairs of gurdwaras within the state.

A bench of Justices Hemant Gupta and Vikram Nath dismissed the plea filed by a member of the Shiromani Gurdwara Prabandhak Committee looking for quashing of the Haryana Sikh Gurdwara Act.

The highest courtroom’s judgement got here on a 2014 plea filed by Harbhajan Singh, a resident of Haryana, who contended that Part 72 of the Punjab Reorganisation Act, 1966 says the ability to make legislation in respect of the SGPC as an inter-state physique company has been reserved with the Central Authorities solely and there’s no provision in legislation for any bifurcation by enacting a State laws.

The petition had stated the hasty enactment isn’t solely towards the constitutional provisions and the statutory provisions of Punjab Reorganisation Act however can also be divisive in its intention to create dissension amongst followers of Sikh faith.

“Below the legislation, Haryana can not legislate in respect of a topic the place the sphere is already occupied by central laws as the topic of non secular establishments correlates to Entry 28 Listing III. The strict provisions with regard to interstate physique company below the legislation haven’t been complied with.

“It is very important observe that mandate with regard to a number of actions together with reservation of constituencies, structure of Sikh Gurdwara Elections Tribunal and notification of gurdwaras for bringing them inside the provisions of Part 85 of the 1925 Act have been carried out by the Central Authorities,” the petition had stated.

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