LexKASHMIR SINGH versus UNION OF INDIA & ORS.
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[2008] 8 S.C.R. 464 A KASHMIR SINGH I • v. UNION OF INDIA & ORS. (Civil Appeal No. 7024 Of 2002) B MAY 13, 2008 [S.S. SINHA AND V. S. SIRPURKAR, JJ.] Sikh Gurudwaras Act, 1925: c Purpose of enactment - Held: To provide for the better administration of Sikh Gurdwaras and for inquiries into mat- ters connected therewith - State Reorganisation Act, 1956 - Punjab Reorganisation Act, 1966. ss. 40, 70 and 83 - Tenure of member of Commission - D Held: A member of commission cannot claim appointment in perpetuity - s.40 provides for constitution of Judicial Com- mission from time to time - Even in terms of s. 70, members are to be appointed from time to time - It is not correct to say that tenure is for whole life of member as it would be violative E of Article 16 of Constitution - Also, for giving meaningful con- struction to provisions, Court is bound to take into consider- ation situational change - In view of this, meaning which could be attributed in the year 1925 cannot be given the same mean- ing today - The Act is an ongoing one - Thus must be inter- F preted differently as the Court cannot ignore the ground reali- ties - The doctrine of 'independence of judiciary' has no ap- ' plication - Constitution of India, 1950 - Article 16 Constitution of India, 1950: Articles 16, 310- Held: Does not envisage holding of any office in perpetuity-Article 310 of G the Constitution of India provides for a tenure - It does not con- template a life tenure -Article 16 of Constitution speaks of grant of equal opportunity to all - Allowing a person to hold public • office indefinitely would be opposed to the constitutional scheme, irrespective of any misconduct or other contingencies. H 464 .t ) KASHMIR SINGH v. UNION OF INDIA 465 & ORS. Interpretation of statutes : Statute must be read in its entirety- It must then be read part by part, chapter by chapter, section by section and then clause by clause. A Violation of constitutional provisions - In construing a. B statute, an interpretation which would lead to violation of the constitutional provisions; cannot be taken recourse to. Societal changes - While construing an ongoing statute superior court must take into consideration the changes in the societal condition. C Purposive construction - If the statute has to be read keeping in view the constitutional schemes and make it work- able, the provisions thereof are required to be given a purpo- sive construction - For the said purpose, even the past prac- 0 tice as also the Statement of Objects and Reasons of the Act can be looked into. Approbate and reprobate - Appellant questioned valid- ity of Notification dated 6th January, 1999 on the premise that Chief Minister of the State had acted ma/a fide - Appellant again appointed as Chairman of the Commission by a Noti- fication dated 17th March, 2605 - Notification used the words "Reconstitution of the Commission" - He, therefore, is a func- tionary thereof - Thus, he cannot be permitted to approbate and reprobate. Punjab Reorganisation Act, 1966: Central Government issued notification dated 19. 10. 1978 nominating State of Punjab for exercising its power under 1966 Act - Held: By rea- son of notification dated 19. 10. 1978, Central Government has not delegated its power - The 1966 Act has an extra-territorial application - No law has been enacted either by State of Haryana or by State of Himachal Pradesh - In absence of any law having been enacted to contrary, functions under 1966 Act must be performed by some authority -Central Govern- ment with consent of State of Haryana has merely nominated 466 SUPREME COURT REPORTS [2008] 8 S.C.R. A State of Punjab to do so - When power has been conferred upon State of Punjab by the Central Government, it exercises a statutory power- It would, therefore, not case where the func- tions of State Government must be held to be confined to its territorial jurisdiction - Articles 245 or 246 or for that matter, B Articles 73 and 172 of Constitution will have no application - The ground of excessive delegation of power, thus, does not arise - Administrative law - Delegation of powers - Constitu- . tion of India, 1950 - Articles 73 and 172. The Sikh Gurudwaras Act, 1925 was applicable to the C entire territories of the undivided State of Punjab includ- ing PEPSU. By reason of the provisions of the State Reorganisation Act, 1956, the State of Himachal Pradesh was constituted, having
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