Senior Supreme Court lawyer HS Phoolka has claimed that under the law, the Haryana assembly is empowered to pass the Bill for creation of a separate gurdwara committee for its own state.
Clarifying the legal position on the competency of the Haryana Legislative Assembly for creation of a separate gurdwara committee, Phoolka in a statement issued on Thursday observed: “Taking away this right from the Haryana assembly would be unconstitutional”. He pointed out that incorporation and regulation of religious bodies is a part of the ‘state list’ under the Seventh Schedule of the Constitution of India. As such it is the subject which is under the domain and the power of state legislature, he said.
He further stated that under Section 72 of Punjab Reorganisation Act, 1966, which clearly mentions that till the provision is made by law, the central government would issue directions from time to time. This position is further clarified by the Supreme Court in its judgment Kashmir Singh vs Union of India reported as (2008) 7 SCC 259.
“The 1966 Act has an extraterritorial application. It is not in dispute that no law has been enacted either by the state of Haryana or by the state of Himachal Pradesh. In the absence of any law having enacted to the contrary, the functions under the 1966 Act must be performed by some authority. The central government with the consent of state of Haryana has merely nominated the state of Punjab to do so,” Phoolka quoted from the judgement in the case. He pointed out that this judgement makes it amply clear that Haryana assembly is competent to pass its own law.