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Center’s approval not necessary for formation HSGPC, says legal experts

July 11, 2014 | By

Karnal, Haryana (July 11, 2014): Punjab chief minister Parkash Singh Badal and his deputy CM son Sukhbir Singh Badal may be hoping that the Bhartiya Janta Party led NDA government at the Centre, to which Badal Dal is also an ally, may block the formation of a separate gurdwara body in Haryana, but state officials claim that it’s governor may give his assent to pass the bill.

The secretary of Haryana Vidhan Sabha Sumit Kumar reportedly told Times of India (TOI) two days back that the governor could give his nod to the bill.

Bhupinder Singh Hooda at Kaithal Sikh Convention. (July 06, 2014)

Bhupinder Singh Hooda at Kaithal Sikh Convention. (July 06, 2014)

“Though the issue related to religious bodies is on the concurrent list, Haryana assembly is empowered to pass a bill on the matter. In this case, the governor can give assent to the bill, withhold it or send it to the President for approval.” Kumar added that it would be the governor’s discretion to a take final call in the matter.

Senior advocate and constitutional expert Anupam Gupta said that there was no need to refer the bill to the President for his concurrence after the state assembly passed it.

“In this case, no question of any conflict or repugnancy of such state law with any central law arises, so there is no requirement to refer it to the President. In my opinion, enactment of legislation by the Haryana assembly for the constitution of a separate gurdwara committee for the state is perfectly within its legislative competence under Section 72, Clause 1 of the Punjab Reorganization Act, 1966 (read with the 7th Schedule to the Constitution),” said Gupta.

Punjab and Haryana Bar Association ex-president Kulbir Singh Dhaliwal also says that the Haryana assembly was empowered to enact the law for forming separate gurdwara body for the state and there was no need to refer it to the Centre.

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