Haryana Amends Sikh Gurdwaras Management Act to Revise Commission Appointments

The Haryana Sikh Gurdwaras (Management) Amendment Act, 2024, an amendment Act, was published in the Haryana Government Gazette on December 18, 2024, following the Governor's assent on December 3, 2024. This legislation was enacted to further amend the principal Haryana Sikh Gurdwaras (Management) Act, 2014. The Act is deemed to have come into force retrospectively from October 14, 2024. It introduces significant changes to the composition and appointment criteria for the Commission established under the principal Act, affecting individuals eligible for membership and the selection process for its Chairman. The Act specifically substituted clauses (i) and (iv) of sub-section (1) of section 46 of the 2014 Act. Clause (i) now stipulates that a person is eligible to be a member if they are, or at the time of their retirement or resignation were, a Judge of the High Court or a District Judge with not less than ten years standing on their superannuation. The legislation provided: “…the Chairman shall be a Judge of High Court, if so appointed, and if a Judge of the High Court is not appointed, then the District Judge if so appointed and if the District Judge is also not appointed, then one of the three selected members of the Commission shall be the Chairman in the order of their seniority either in service or at Bar, as the case may be, and the term of the Chairman or the Member shall be five years from the date he assumes charge:” This amendment clarifies the hierarchical order for appointing the Chairman, prioritizing judicial officers.

The legislative intent behind the Haryana Sikh Gurdwaras (Management) Amendment Act, 2024, was to refine and strengthen the administrative framework governing Sikh Gurdwaras in Haryana by ensuring that the Commission responsible for their management is led by experienced judicial or legal professionals. The earlier legal position under the 2014 Act was modified to address potential gaps or ambiguities in the qualifications for members and the selection of the Chairman. By specifying the eligibility criteria for members to include High Court Judges or senior District Judges and establishing a clear order of preference for the Chairman's appointment, the Act aims to enhance the credibility and judicial expertise of the Commission. This amendment also formalizes changes previously introduced through executive action, as it explicitly repealed the Haryana Sikh Gurdwaras (Management) Amendment Ordinance, 2024 (Haryana Ordinance No. 7 of 2024). A savings clause was included, ensuring that any action taken under the principal Act as amended by the repealed Ordinance would be deemed valid under the new Act, thereby maintaining continuity and preventing legal discontinuity. The Act introduces a fixed term of five years for the Chairman or any member from the date they assume charge, providing stability to the Commission's tenure. These amendments are designed to ensure robust and transparent governance of Sikh Gurdwaras within the state.

Keywords: Haryana, Sikh Gurdwaras, Management Act, Amendment, Commission, Judicial Appointments, Legislative Geo Tags: India, Haryana District: Not Applicable