HARBHAJAN SINGH versus STATE OF HARYANA & ORS.

Citation: [2022] 12 S.C.R. 1113 · Decided: 20-09-2022 · Supreme Court of India · Bench: HEMANT GUPTA · Disposal: Dismissed

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Judgment (excerpt)

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HARBHAJAN SINGH
v.
STATE OF HARYANA & ORS.
(Writ Petition (Civil) No. 735 of 2014)
SEPTEMBER 20, 2022
[HEMANT GUPTA AND VIKRAM NATH, JJ.]
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
[2022] 12 S.C.R. 1113
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SUPREME COURT REPORTS
[2022] 12 S.C.R.
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,

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