Delay in Publishing Haryana Sikh Gurdwaras (Management) Amendment Ordinance Raises Legal Questions

Delay in Publishing Haryana Sikh Gurdwaras (Management) Amendment Ordinance Raises Legal Questions

In an unexpected legal scenario, the Haryana Sikh Gurdwaras (Management) Amendment Ordinance, 2024, which was promulgated by the Governor of Haryana on 16 August 2024, has been published in the official Haryana Gazette nearly two months later, on 14 October 2024. This delay has raised significant legal concerns, particularly regarding the purpose and timeliness of Ordinances.

According to Hemant Kumar, an Advocate at the Punjab & Haryana High Court, this Ordinance was meant to amend two clauses of Section 46(1) of the Haryana Sikh Gurdwaras (Management) Act, 2014, allowing for the appointment of a retired High Court Judge as both Member and Chairman of the Haryana Sikh Gurdwara Judicial Commission. While Ordinances are intended to be brought into immediate effect, this one experienced an unusually long gap between its promulgation and publication.

Interestingly, another Ordinance, the Haryana GST (Amendment) Ordinance, 2024, was promulgated on 21 September 2024 and was published just four days later, on 25 September 2024. This discrepancy further fueled the debate over the reasons for the delay, with questions raised about the possible impact of the Model Code of Conduct (MCC) that was in place during the Haryana Assembly elections. However, Hemant Kumar pointed out that the MCC did not prevent the GST Ordinance’s swift publication, casting doubt on this explanation.

Hemant Kumar emphasized that Ordinances, unlike legislative Acts, are meant to be enforced immediately and fully. The situation has sparked discussions about procedural lapses and the need for greater transparency in the publication of legal documents.

Key Points:
1. Haryana Sikh Gurdwaras (Management) Amendment Ordinance was promulgated on 16 August 2024 but published two months later on 14 October 2024.
2. It amends the Haryana Sikh Gurdwaras (Management) Act, 2014, to appoint a retired High Court Judge as Chairman of the Gurdwara Judicial Commission.
3. Another Ordinance, the Haryana GST (Amendment) Ordinance, was published just four days after promulgation, raising questions about the delay in the Gurdwara Ordinance.
4. Advocate Hemant Kumar highlighted the importance of immediate enforcement of Ordinances and questioned procedural lapses.

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