A delegation of Shiromani Akali Dal (SAD) MPs led by its Chief Patron and Punjab Chief Minister Parkash Singh Badal today submitted two separate memorandums one on Sehajdari issue and another for urging the Union government to stop the Haryana government with its move to interfere in the religious affairs of the Sikhs through its deliberate attempt to set up a religious body to manage Sikh shrines in the state. In a memorandum submitted to the Union Home Minister Rajnath Singh here today the delegation apprised him that the move of the Congress government in Haryana to set up a separate and parallel body to the SGPC in that state was the latest in the series of acts of interference in Sikh religious affairs. The delegation said that despite its claim of being a secular party, the Congress even made this issue a major item on its manifesto in the last assembly poll in the state. It even instigated a handful of misguided elements to adopt this move as their own to oppose the will of the Sikh masses at large.
They said that in the last elections to the General House of the SGPC, the Congress sponsored elements made a separate body for Haryana the main election issue and yet lost all 11 seats to SAD candidates in that state, confirming the fact that the Haryana Sikhs were strongly opposed to the separate body move. But the unwise and dangerous move, which could have implications for peace, has still not been abandoned. Significantly, the UPA government at the center had also opposed it and dissuaded the Haryana Chief Minister Mr. Bhupinder Singh Hooda from pursuing it. But obviously he has paid no heed to that, the delegation informed the Union Home Minister.
The delegation said that this move was a clear transgression on the residual powers of the Parliament because the SGPC was an Inter-State Body Corporate and only the Parliament was competent to make laws on issues concerning it. To preserve the objects, the reasons and legislative intent of the Sikh Gurdwara Act 1925, it was necessary that a proper law is enacted by the Parliament taking within its purview the constitution of one Board, the SGPC, for management of Sikh Gurdwaras within “the existing territorial extent” which in this case means the territorial jurisdiction as applicable at the time of the passage of the Sikh Gurdwara Act,1925. The delegation called for an end to interference in the religious affairs of the Sikhs which has been nearly instrumentalized by successive Congress governments and urged the GoI to take immediate and effective steps to permanently end the potential for this mischief in the larger national interest and in the interest of peace.
In a separate memorandum, the delegation also asked the union government to enact the notification of the MHA on the Sehajdaris issue into the legislation for providing procedural correction to remove the technical infirmities in the GoI’s directive. The delegation apprised the Union Minister that through an Amendment in Sikh Gurudwara Act in 1944, the Sehajdharis were given a right to vote. However, on November 30, 2000, March 30, 2001 and again on March 30, 2002 the General House of SGPC had passed a resolution to delete the exception given to the Sehajdharis which was followed by resolution of Executive Committee of the SGPC on March 7, 2002. Likewise, the delegation said that the then NDA Government had issued a notification on October 8, 2003 deleting the exception given to the Sehajdharis to vote. But this notification was set aside by the High Court on December 20, 2011 on the ground that such an amendment could not be brought about by a notification. But, it specifically upheld the right of the legislature to lay down the eligibility conditions for the voters to include or exclude a class or category, added the delegation.
The delegation urged the Home Minister that the Parliament should amend the relevant provisions of the Sikh Gurudwara Act 1925 to bring about the same result that the notification did. The delegation urged that to ensure the continuity of the Board, the amendment be specifically made applicable retrospectively from October 8, 2003, the date of the earlier notification.“All that is required is a procedural correction in giving this notification legislative sanction and form by incorporating it into the Sikh Gurdwara Act through a parliamentary amendment, added the delegation.The delegation comprised of Rajya Sabha MPs Mr. Balwinder Singh Bhunder, Mr. Sukhdev Singh Dhindsa and Mr. Naresh Gujral, Lok Sabha MPs Jathedar Ranjit Singh Brahampura, Prof. Prem Singh Chandumajra and Mr. Sher Singh Ghubaya.