Commentary on the Sikh Gurdwaras Act 1925

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Gurdwara Reform Movement 1920-25 is considered a glorious chapter in the Sikh history because it led to the passage of the Sikh Gurdwaras Act 1925. The Act is termed as a remarkable achievement of the Sikhs in the twentieth century. The Sikhs got control of important Gurdwaras alongwith full freedom to manage them. Besides creating institutions like Sikh Gurdwaras Tribunal, Sikh Gurdwaras Judicial Commission, Local Gurdwara Committees, Gurdwaras Election Commission, the Act impliedly legalized and recognized the Shiromani Gurdwara Parbandhak committee. It also provided for the composition, powers and functions of all these bodies. The Act was originally passed for the composite Punjab under the British rule. Partition took away a big chunk of Gurdwaras, including very important ones like Nankana Sahib, from the purview of the Act. But the extension of the Sikh Gurdwaras Act to PEPSU area in 1959 brought hundreds of Gurdwaras under the management created by the Act. It continues to be applicable to the areas of post-partition East Punjab and PEPSU and at present about a thousand Gurdwaras are managed in accordance with the provisions of this Act. Bifurcation of that area into Punjab, Haryana, Himachal and Chandigarh by the Punjab Reorganisation Act 1966 has not affected the jurisdiction of the Act. The SGPC has become inter-state body having jurisdiction in three States and one Union Territory. The Punjab Legislature had passed and later introduced important amendments into it from time to time. The Parliament by the Reorganisation Act 1966 has authorized the Central government to amend the Sikh Gurdwaras Act 1925 simply by issuing a notification. The Central Government has amended the Act substantially through this mode. The important amendments by such notifications through this mode. The important amendments by such notifications are the creation of Gurdwara Election Commission, reservation of seats for women in the SGPC, de-enfranchising the Sikhs. It is a scholarly study containing a complete and updated version of the Act alongwith exhaustive analysis of its provisions. The Sikhs all over the world look towards the SGPC, constituted by this Act, for guidance in religious and even in temporal matters. It is a thorough work on a statute which is of extreme importance for the Sikhs.

I hope that this work will be of immense use not only to the members of the Bar and the Bench but also to all those who are entrusted with or interested in the management of Gurdwaras.

Preface

The book is a humble attempt to present the updated version of the Sikh Gurdwaras Act 1925 alongwith exhaustive commentary including almost all the notable judgments delivered by the Privy Council, the Supreme Court of India, the Punjab and Haryana High Court and the Lahore High Court. Decisions of these courts have been appropriately incorporated and analysed. Not to take of good material even bare version of the amended and updated act is not available either in the market or in the offices of the institution which are created and governed by this Act. This will be the only publication containing amendments made in the Act after 1966. Thus it will fill the gap in the availability of the legal literature that was overdue since long. It is a thorough study of the enactment, which the Sikhs compelled the British Government to pass after a long drawn agitation. The Act was a pioneer legislation in the field of regulation of religious institutions.

The author is highly thankful to Dr. S.P. Singh, Vice Chancellor of the University for his scholarly foreword and also for his interest in the publication of the book. I feel indebted to Justice Kuldeep Singh, former Judge, Supreme Court of India for suggesting various improvements in this work and especially for advising the inclusion of the topic of Constitutional Validity of the Sikh Gurdwaras Act. Special thanks are due to Dr. Professor T.S. Mann, former Head, Department of Laws, who had initiated me in the study of this subject. My sincere thanks are due to my colleagues, both on the teaching and non-teaching side, in the Department of Laws for providing me necessary assistance and encouragement to complete this work. I acknowledge the whole-hearted cooperation and assistance received from Advocate Sheraj Singh Hundal during the preparation of this book. I am also thankful to the staff members press and Publication Department of the University for the accuracy and industry in bringing out this volume.