NEW DELHI—Yesterday, a meeting of cabinet ministers under Indian Prime Minister Narendra Modi approved an amendment to the Sikh Gurdwara Act of 1925, which prohibits Sehajdharis from voting in SGPC elections. The SGPC is expected to return to business as usual after having halted its activities since 2011 due to a stay ordered by Supreme Court on SGPC’s general house.
Following the reorganization of Punjab on November 1, 1966, the Sikh Gurdwara Act of 1925 became an interstate act. The Ministry of Home Affairs issued a notice on October 8, 2003 canceling the voting rights of Sehajdharis in SGPC elections. Following this, the elections of SGPC general house were held in accordance with this amendment, which was later challenged in the Punjab and Haryana High Court. The Punjab and Haryana High Court ruled against the amendment, and that ruling was later challenged by the SGPC in the Supreme Court of India.
Interstate acts, like the Sikh Gurdwara Act of 1925, must be approved by the Indian Parliament. Chief Minister Parkash Badal and Deputy Chief Minister Sukhbir Badal asked Prime Minister Narendra Modi to present the amendment bill in parliament to stop potential legal obstacles to its success. The amendment bill is currently being tabled for a few days in parliament after which, it will go to the Supreme Court for the final decision.
Akali leaders have said that the amendment bill will become a law after being approved by the Indian Parliament. SGPC plans to then incorporate the amendment into the Sikh Gurdwara Act. While the bill may pass through the parliament, it still needs to go through the Supreme Court where it can be challenged. The petition challenging the existence of the Haryana Sikh Gurdwara Parbandhik Committee is also currently in the Supreme Court of India’s docket.
Election of SGPC general house was put on freeze by the Supreme Court of India in 2011 after a petition by the the Sehajdhari Sikh Party, which sought voting rights in the SGPC elections. Final approval by the Supreme Court of India would allow the SGPC general house to be re-elected, which could lead to appointment of a new SGPC President as well. SGPC elections are expected to take place later this year or early in 2017.