Haryana Sikh Gurdwara Act

Haryana Sikh Gurdwara Act

Subject : Polity

Context: Supreme Court upholds validity of Haryana Sikh Gurdwara Management Act.

Concept :

• The Supreme Court upheld the validity of the Haryana Sikh Gurdwara (Management) Act, 2014, under which a separate committee was formed to manage the affairs of gurdwaras in the state, saying affairs of the religious minority in the state i.e. Sikhs were left in the hands of the Sikhs alone.
• SC stated that it cannot be said to be violative of any of the fundamental rights conferred under Articles 25 and 26 of the Constitution.
• There were two petitions against the Haryana Act by Shiromani Gurdwara Parbandhak Committee (SGPC).
• SGPC challenged the 2014 Act on the ground that it’s against the constitutional provisions, the statutory provisions of the Punjab Reorganisation Act, 1966 and was also divisive in its intention to create dissension among Sikhs.
• The petitioners also challenged the 2014 Act on the ground that it violated the fundamental right to religion of Sikhs.

Article 25:

• Article 25 says that all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate
• Article 25 covers religious beliefs (doctrines) as well as religious practices (rituals).
• Moreover, these rights are available to all persons—citizens as well as non-citizens.

Restrictions:

• These rights are subject to public order, morality, health, and other provisions relating to fundamental rights.
• The State is permitted to regulate or restrict any economic, financial, political or other secular activity associated with religious practice.

Article 26 (Freedom to manage religious affairs)

• This Article provides that every religious denomination has the following rights, subject to morality, health, and public order.

1. The right to form and maintain institutions for religious and charitable intents.
2. The right to manage its own affairs in the matter of religion.
3. The right to acquire the immovable and movable property.
4. The right to administer such property according to the law.