HARBHAJAN SINGH V. STATE OF HARYANA

COURT: The Supreme Court of India

CORAM: Justices Hemant Gupta and Vikram Nath

DATE OF JUDGMENT: 20 September 2022

FACTS

The present writ petition has challenged the constitutional validity of the Haryana Sikh Gurdwara (Management) Act, 2014. It is alleged that the State Legislature of Haryana lacked the authority to establish a body for Gurudwara management since the power is reserved for the Parliament.

ISSUE RAISED

Whether the Haryana Sikh Gurdwara (Management) Act, 2014 is constitutionally valid?

JUDGEMENT

The Hon’ble Supreme Court upheld the constitutional validity of the Haryana Sikh Gurudwara (Management) Act,2014 and held that that Haryana State legislature is competent to enact the the Haryana Act falls under Entry 32, List II of the Seventh Schedule.

It further stated that the Act does not infringe Sikhs’ rights under Articles 25 and 26 of the Constitution. Since the affairs of the Sikh minority in the State are to be governed only by Sikhs, it cannot be considered to be a violation of any of the fundamental rights guaranteed by Articles 25 and 26 of the Constitution.

“ incorporation of a statutory body falls in Entry 32 of List II, as also unincorporated religious and other societies. Therefore, the Haryana Act falls within the legislative competence of the State.”