SC Strikes Down Khalsa University (Repeal) Act, 2017 As Being “Unconstitutional”

The Supreme Court on Thursday struck down the Khalsa University (Repeal) Act, 2017 as being “unconstitutional”, saying the law singled out the Khalsa University amongst 16 private varsities in Punjab.

A bench of Justices B R Gavai and K V Viswanathan said no reasonable classification has been pointed out to discriminate the Khalsa University against the other private universities.

The apex court delivered its verdict on an appeal challenging the November 1, 2017 judgement of the Punjab and Haryana High Court, which had dismissed a petition seeking quashing of the Act dated July 17, 2017.

The bench noted the State of Punjab had framed the Punjab Private Universities Policy, 2010 and on November 7, 2016 the state Vidhan Sabha had passed the Khalsa University Act, 2016.

It further noted that on May 30, 2017, the state government had promulgated an Ordinance repealing the 2016 Act. The bench noted the 2017 Act received the governor’s assent in July 2017.

The bench referred to the statement of objects and reasons of the 2017 Act which said, “The Khalsa University (Repeal) Ordinance, 2017 aims to repeal the Khalsa University Act, 2016 with a view to protect heritage character of Khalsa College, Amritsar.”

In its verdict, the bench noted no material was placed on record as to what was the compelling and emergent situation so as to enact a law which could affect the Khalsa University.

“No material is placed on record to show that there were any discussions prior to the impugned Act being passed or as to what material was placed and taken into consideration by the competent legislature,” the bench said.

“We, therefore, find that the impugned Act singled out the Khalsa University amongst 16 private universities in the state and no reasonable classification has been pointed out to discriminate the Khalsa University against the other private universities. The impugned Act, therefore, would be discriminatory and violative of Article 14 of the Constitution,” it said.

The apex court said the only reasoning given in the statement of objects and reasons of the 2017 Act is that the Khalsa College has, over a period of time, become a significant icon of Khalsa heritage and the university established in 2016 is likely to shadow and damage its character and pristine glory.

The bench said it is to be noted that Khalsa College, which was established in 1892, is not a part of the Khalsa University.

“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 bench said.

It noted the 2017 Act, which was enacted with a purpose which was non-existent, would fall under the ambit of “manifest arbitrariness” and would, therefore, be violative of Article 14 of the Constitution.

” the Khalsa University (Repeal) Act, 2017 is struck down as being unconstitutional. The consequent direction is also issued to the effect that the Khalsa University Act, 2016 would be deemed to be in force and status quo as it obtained on May 29, 2017 would stand restored,” the bench said.

Referring to several previous judgements of the apex court, the bench noted it is 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. Further, if a legislation affecting a single person, entity or undertaking is being enacted, there should be special circumstances requiring such an enactment,” it said.

The bench said such special circumstances should be gathered from the material taken into consideration by the competent legislature and shall include the Parliamentary or legislative debates.

While allowing the appeal filed by Khalsa University and the Khalsa College Charitable Society, Amritsar, the bench quashed the verdict delivered by the Punjab and Haryana High Court.

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