The Amendment to the Sikh Gurdwaras Act

June 20, 2023

The recent amendment to the Sikh Gurdwaras Act in Punjab has sparked debates and raised questions about government interference in Sikh affairs.

Ending Monopoly: Freeing the Broadcast of Gurbani

The Punjab Assembly passed an amendment to the Sikh Gurdwaras Act, 1925, aimed at liberating the broadcast of Gurbani from the alleged monopoly of PTC, a television channel associated with the family of Shiromani Akali Dal (SAD) president Sukhbir Singh Badal. The amendment inserts Section 125A, which mandates the SGPC to provide uninterrupted live feed of holy Gurbani, free of cost, to all media outlets and platforms worldwide.

Challenging Views: Constitutional Concerns

The amendment has sparked opposition, with critics, including the SAD, Congress, and BJP, questioning the Punjab Assembly’s competence to amend the Gurdwaras Act without the consent of the SGPC. They argue that it amounts to direct interference in the religious affairs of Sikhs and may be considered unconstitutional. The complex legal implications surrounding this amendment are likely to be resolved through legal proceedings and judicial interpretation.

Historical Background: Sikh Gurdwaras Act of 1925

The Sikh Gurdwaras Act of 1925 established the SGPC to manage Gurdwaras according to Sikh principles. The Act underwent amendments over the years, with five amendments made under the jurisdiction of the Union government. However, this recent amendment marks the first time an amendment has been passed without the SGPC’s consent and against its opposition.

Supreme Court Ruling: Haryana’s Precedent

The Supreme Court’s ruling on the Haryana Sikh Gurdwara (Management) Act in 2014 serves as a reference point in this context. The court upheld the Haryana law, recognizing the state’s legislative competence to enact laws concerning Gurdwaras. The ruling emphasized the devolution of religious affairs to the Sikh community and reinforced the principle that religious matters should be under the control of the concerned community.

Implications and Future Perspectives

The amendment raises concerns about potential government interference in religious affairs and the implications for the SGPC, an interstate body. The SGPC’s response to the amendment remains uncertain, and it is yet to be seen whether legal challenges will arise. The implementation of the new law at the revered Harmandir Sahib will be a critical aspect to monitor, as it may have far-reaching consequences for the religious practices and autonomy of the Sikh community.

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