SC questions Punjab on uncertainty on enactment, repeal of law

During the submissions before the apex court, the counsel appearing for the petitioners said the Repeal Act was “arbitrary” and the entire action violated Article 14 (equality before law) of the Constitution

The Supreme Court on Tuesday asked the Punjab government if there will be no uncertainty if one ruling dispensation comes out with a law for a university and the successor repeals it. A bench of Justices BR Gavai and KV Viswanathan posed this question while hearing arguments on a plea challenging a verdict of the Punjab and Haryana high court which had dismissed a petition seeking quashing of the Khalsa University (Repeal) Act, 2017.

The counsel appearing for Punjab said there was nothing arbitrary about the Repeal Act. (HT File)

“Will there not be uncertainty if one political party comes in power and brings a law for a university and when another political party comes in power, it repeals it (Act)?” the bench asked the counsel appearing for Punjab.

The bench reserved its verdict on the plea after hearing submissions of the lawyers appearing for the petitioners as well as the state.

Khalsa University and Khalsa College Charitable Society have approached the top court challenging the high court’s November 2017 judgement that had noted that The Khalsa University Act, 2016 created Khalsa University and the college of pharmacy, college of education and college for women, already being run by the society, were fused into a university. The HC verdict also noted that on May 30, 2017, an ordinance was issued repealing the Khalsa University Act and, subsequently, the Repeal Act, 2017 was passed.

During the submissions before the apex court, the counsel appearing for the petitioners said the Repeal Act was “arbitrary” and the entire action violated Article 14 (equality before law) of the Constitution. The counsel appearing for Punjab said there was nothing arbitrary about it.

The Shiromani Akali Dal-BJP government had brought the Khalsa University Act in 2016 and the successor Congress dispensation led by Captain Amarinder Singh had repealed it. The state’s counsel said neither any student nor any teacher of the university challenged the 2017 Act. The interests of the students were not affected in any way, it stated.

“This is purely a question of law. We need not go into whether admissions were given or not,” the bench observed, adding, “Close for orders”.The then Punjab government had promulgated an ordinance to repeal the Khalsa University Act with a view to protecting the “heritage character” of Khalsa College, Amritsar.