The Supreme Court Today (Oct 3) struck down the Khalsa University (Repeal) Act, 2017 as being unconstitutional. The Court said that the test of manifest arbitrariness would apply to invalidate legislation as well as subordinate legislation under Article 14 of the Constitution. The Court was dealing with an appeal preferred by the Khalsa University, challenging the judgment of the Punjab and Haryana High Court by which it dismissed the writ petition seeking a writ of certiorari for quashing the said 2017 Act.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: The Supreme Court of India declared the Khalsa University (Repeal) Act, 2017, as unconstitutional, citing “manifest arbitrariness” under Article 14 of the Constitution. The ruling came in response to an appeal by Khalsa University challenging a Punjab and Haryana High Court decision that had dismissed a writ petition seeking to quash the 2017 Act.
A two-judge bench comprising Justice B.R. Gavai and Justice K.V. Viswanathan concluded that the test of manifest arbitrariness applies to invalidate both legislation and subordinate legislation under Article 14.
The Court noted,
“It can thus be seen that in the said case, it was held that the test of manifest arbitrariness as laid down by this Court in various judgments would also apply to invalidate legislation as well as subordinate legislation under Article 14. It was held that manifest arbitrariness must be something done by the legislature capriciously, irrationally and/or without adequate determining principle. It further goes on to hold that when something is done which is excessive and disproportionate, such a legislation would be manifestly arbitrary.”
The case’s background dates back to 2010 when the Punjab government framed the Punjab Private Universities Policy. The Khalsa College Charitable Society, which has been operational since 1892, proposed to set up a self-financing university under the policy.
The Punjab government approved the proposal, and in 2016, the Punjab Vidhan Sabha passed the Khalsa University Act. By 2017, Khalsa University was offering 26 programs and had enrolled 215 students for the academic session of 2016-17.
However, after the enactment of the 2016 Act, the state government repealed it through an ordinance followed by the Khalsa University (Repeal) Act, 2017. The Khalsa University challenged this repeal but was initially unsuccessful in the High Court, leading to the appeal before the Supreme Court.
The Supreme Court, while ruling in favor of the appellants, emphasized the importance of “reasonable classification” in any legislation targeting a specific entity.
“It is thus a settled position of law that though a legislation affecting a single entity or a single undertaking or a single person would be permissible in law, it must be on the basis of reasonable classification having nexus with the object to be achieved. There should be a reasonable differentia on the basis of which a person, entity, or undertaking is sought to be singled out from the rest of the group,”
-the Court noted.
The Court also rejected the argument that Khalsa University would harm the heritage and character of Khalsa College, a historic institution established in 1892.
It noted that only the college building is of heritage value, and the remaining structures are modern constructions.
“It can thus be seen that the very foundation that Khalsa University would shadow and damage the character and pristine glory of Khalsa College, which has, over a period of time, become a significant icon of Khalsa heritage, is on a non-existent basis,”
-the Court said.
Furthermore, the Court added,
“… arbitrariness when applied to legislation cannot be used loosely. … Though it is the stand of the appellants that they were in the process of establishing new institutions for getting them affiliated with the Khalsa University, a specific undertaking was given that the Khalsa College would not be touched or adversely affected by the establishment of the Khalsa University. Even during the course of hearing, a specific statement has been made by the appellants that the Khalsa College would not be affiliated with the Khalsa University.”
Ultimately, the Supreme Court ruled that the Khalsa University Act, 2016, would remain in force, and the status quo as of May 29, 2017, would be restored. The Court allowed the appeal, quashed the 2017 Act, and set aside the High Court’s decision.
This ruling reinforces the legal principle that legislation must not be arbitrary, irrational, or disproportionate, and must have a reasonable basis for targeting specific entities or individuals.
Case Title:
Khalsa University and Another v. The State of Punjab and Another (Neutral Citation: 2024 INSC 751).
Click Here to Read Previous Reports on Khalsa University
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
