Withdrawing assent to Sikh panel Bill is complex, says SC lawyer

The arrival of RSS ideologue Kaptan Singh Solanki as the new Haryana Governor may have enthused the protesting Akali Dal in Punjab over the separate Sikh shrine body issue, but their hopes that the new Governor could withdraw assent to the Bill for forming the panel may be ill-founded. 

Supreme Court lawyer HS Phoolka said it would be too late for the new Governor to intervene in the matter and withdraw the assent given to the Bill by his predecessor. 

Not only did the Haryana Assembly pass the Bill, but it also notified the Haryana Sikh Gurdwara (Management) Act 2014 following the Governor’s assent and has even formed the ad-hoc HSGMC. 

Phoolka referred to the verdict by a constitution bench of the Supreme Court in 2012 in State of Kerala verses Mar Appraem Kuri Company Limited, which stated, “A Bill becomes Act and comes on statute book immediately on receiving assent of President or Governor, as the case may be, which assent has got to be published in the official gazette”.

He said since the previous Governor had already given his assent and the government had notified the bill and even formed the panel; it will not be possible for Solanki to now withdraw the assent.  The only way out would be for the Haryana government to repeal or amend the Act.