Today, On 10th September, The Supreme Court raised concerns with the Punjab government over the ambiguity surrounding laws enacted and repealed by successive administrations. The Court questioned the lack of clarity and consistency in the legislative process, which has led to confusion regarding the status of various laws.
New Delhi: The Supreme Court, On Tuesday, questioned the Punjab government about the potential uncertainty that could arise if one ruling party enacts a law for a university, and a subsequent administration repeals it.
A bench consisting of Justices B R Gavai and K V Viswanathan raised this concern while hearing arguments on a plea challenging a Punjab and Haryana High Court decision.
The High Court dismissed a petition seeking to annul the Khalsa University (Repeal) Act, 2017.
The bench asked the counsel representing Punjab,
“Will there not be uncertainty if one political party comes to power and passes a law for a university, and when another party comes to power, it repeals that Act?”
Following the arguments presented by the petitioners’ lawyers and the state, the bench reserved its decision on the matter.
Khalsa University and the Khalsa College Charitable Society filed an appeal with the Supreme Court, challenging the November 2017 decision of the Punjab and Haryana High Court.
In its ruling, the High Court noted that the Khalsa University Act, 2016, established Khalsa University, and the society’s pre-existing colleges such as the college of pharmacy, college of education, and women’s college integrated into the university.
The High Court further observed that on May 30, 2017, an ordinance issued to repeal the Khalsa University Act, followed by the passage of the Repeal Act, 2017.
During the Supreme Court hearing, counsel for the petitioners argued that the Repeal Act was “arbitrary” and violated Article 14 (equality before the law) of the Constitution.
However, Punjab’s counsel refuted this, stating that there was no arbitrary action involved. He explained that the Khalsa University Act enacted by the previous Shiromani Akali Dal-BJP government in 2016, and after the Congress government, led by Captain Amarinder Singh, came into power in 2017, the Act repealed.
The state’s counsel emphasized that neither students nor faculty members from the university had challenged the 2017 repeal, and the students’ interests not adversely affected.
“This is purely a question of law. We need not delve into whether admissions were given or not,”
The bench remarked, adding,
“Close for orders.”
The Punjab government initially repealed the Khalsa University Act to preserve the “heritage character” of Khalsa College, Amritsar.
In its earlier decision, the High Court had stated,
“We believe the petitioners’ argument questioning the legislature’s power to repeal an enactment undermines its own case. The society did not contest the creation of the university by legislative act but only the repeal, a position we find untenable.”
The High Court concluded,
“We find no merit in the petition, and therefore, it is dismissed,”
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