The Centre is exploring the option of making a Presidential reference to the Supreme Court for its opinion on the validity of the controversial law enacted by the Haryana government to create a new board to manage Sikh shrines in Haryana.
According to highly placed sources, the idea of a Presidential reference under Article 143 of the Constitution came after Attorney-General Mukul Rohatgi gave an opinion that the Haryana Sikh Gurdwaras (Management) Bill, 2014, which got the assent of the then Governor, Jagannath Pahadia, on June 14, was unconstitutional.
Under Article 143, the President is empowered to refer to the Supreme Court any matter of law or fact.
A reference through the Centre can be made in matters of public importance and where it is expedient to obtain the court’s opinion.
‘Not competent’Mr. Rohatgi told the Centre that the Haryana Assembly did not have the legislative competence to pass the Bill as the Sikh Gurdwaras Act, 1925, came under the Union List.
The gurdwaras in Haryana are managed by the Shiromani Gurdwara Parbandhak Committee (SGPC). But, under the new law passed by the Assembly, 72 of them will be managed by the Haryana Sikh Gurdwara Prabhandhak Committee, with the SGPC losing control over them.
Armed with the A-G’s opinion, the Union Home Ministry had asked the State government to recall the Bill, which was before Mr. Pahadia. But it was firm on enacting the law and the former Governor gave his assent and the law was notified.
‘An inter-State body’According to the Punjab government, the SGPC is an “inter-state body” as defined under Section 72 of the Punjab Reorganisation Act, 1966, indicating that its jurisdiction extends beyond Punjab and its members are elected from places beyond the State’s boundaries.
“The move to set up a separate committee in Haryana was in contravention with the provisions of the Reorganisation Act, as it affected the SGPC’s ‘inter-state’ status. The State can even pass legislation on matters in the Concurrent List, but subject to the condition that no central law occupies the ground already. Before such a Bill becomes an Act, it has to go to the Governor and then to the President, who will look into its constitutional validity, but this process has not been followed by Haryana,” Punjab had said.
