HARBHAJAN SINGH versus STATE OF HARYANA & ORS.

HARBHAJAN SINGH versus STATE OF HARYANA & ORS.

The Haryana Sikh Gurdwara (Management) Act, 2014 is within the legislative competence of the State of Haryana (primarily Entry 32, List II); Section 72 of the 1966 Act and ss.3-4 of the 1957 Act are transitional, limited to directions ensuring functioning and operation of inter-State bodies and do not oust State legislative power; the Haryana Act does not require Presidential assent under Article 254(2) and does not infringe Articles 25 or 26, and therefore the writ petitions and related civil appeal are dismissed and the Haryana Act is upheld.

Parties
Petitioner: Harbhajan Singh; Respondent: State of Haryana; Respondent: Haryana Sikh Gurdwara Managing Committee; Respondent: Shiromani Gurdwara Prabandhak Committee
Jurisdiction
India
Judgment Date
20 September 2022
Procedural Posture
Writ Petition (civil) No. 735 of 2014 / Final Judgment
Outcome
Writ petitions dismissed; civil appeal dismissed; Haryana Sikh Gurdwara (Management) Act, 2014 upheld
Legal Topics
Legislative Competence, State Reorganisation and Transitional Provisions, Inter State Corporations, Freedom of Religion (arts.25 and 26), Presidential Assent (art.254)
Constitutional Law Administrative Law Religious Institutions Inter State Relations Statutory Interpretation Legislative Competence State Reorganisation and Transitional Provisions Inter State Corporations +2 more

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Parties

Harbhajan Singh

Petitioner

State of Haryana

Respondent

Haryana Sikh Gurdwara Managing Committee

Respondent

Shiromani Gurdwara Prabandhak Committee

Respondent

Procedural Posture

Writ Petition (civil) No. 735 of 2014 / Final Judgment

Legal Issues

  1. 1 Whether Sections 72 of the Punjab Reorganisation Act, 1966 and Sections 3 and 4 of the Inter-State Corporation Act, 1957 are transitional provisions limited to directions for functioning and operation of inter-State bodies
  2. 2 Whether the Haryana Sikh Gurdwara (Management) Act, 2014 falls within legislative competence of the State of Haryana (Entry 32, List II) or is governed by Entry 44, List I
  3. 3 Whether the Haryana Act falls in the Concurrent List (Entry 28, List III) requiring Presidential assent under Article 254(2)

Ratio Decidendi

The Haryana Sikh Gurdwara (Management) Act, 2014 is within the legislative competence of the State of Haryana (primarily Entry 32, List II); Section 72 of the 1966 Act and ss.3-4 of the 1957 Act are transitional, limited to directions ensuring functioning and operation of inter-State bodies and do not oust State legislative power; the Haryana Act does not require Presidential assent under Article 254(2) and does not infringe Articles 25 or 26, and therefore the writ petitions and related civil appeal are dismissed and the Haryana Act is upheld.

Court Disposition

Writ petitions dismissed; civil appeal dismissed; Haryana Sikh Gurdwara (Management) Act, 2014 upheld

Orders

  • Writ Petition (Civil) No. 735 of 2014 dismissed
  • Writ Petition (Civil) No. 1116 of 2019 dismissed