NEW DELHI: The Centre has requested the Supreme Court to refer a petition filed by the Punjab govt seeking the court's intervention in two bills - one amending the Sikh Gurdwaras Act and the other Punjab Police Act - to the five-judge bench which is scheduled to hear Presidential Reference on SC's jurisdiction to fix timelines for the President and governors in granting, refusing or withholding assent to bills.
For the Centre, advocate Kanu Agrawal requested a bench led by CJI B R Gavai to either tag the Punjab petition with the Presidential Reference or keep it pending for adjudication after the five-judge bench gives its opinion on the 14 questions raised by President Droupadi Murmu in her reference under Article 143 following SC's Apr 8 judgment. The bench posted the Centre's application for hearing on Monday.
The Punjab govt had complained that the bills passed by the assembly two years back - The Sikh Gurdwaras (Amendment) Bill, 2023, and The Punjab Police (Amendment) Bill, 2023 - have been kept in limbo by the President after the governor arbitrarily referred these to her.
The state challenged "the governor's referral of the two bills to the President of India for her consideration in contravention to the aid and advice of the council of ministers in the absence of any constitutional trigger or any extraordinary breakdown of democratic governance." It also challenged "the President's inaction on both the bills" and said as per the Apr 8 judgment, she has to provide reasons for refusing assent or withholding assent.
The Sikh Gurdwaras (Amendment) Bill, 2023, mandates the board constituted under the Sikh Gurdwaras Act, 1925, to propagate teachings of the Gurus by making uninterrupted live feed of the holy Gurbani from Sri Harmandir Sahib available to all media houses, platforms, channels etc. free of cost, and restrains anyone broadcasting the Holy Gurbani from telecasting any advertisement 30 minutes prior to and after the broadcast.
The Punjab Police (Amendment) Bill, 2023, seeks to amend the Punjab Police Act, 2007, to create an independent mechanism for selection and appointment of suitable persons to the post of Director General of Police (DGP). The state said the amendment would free the selection from political or executive interference, while keeping in view the peculiar conditions in Punjab.
For the Centre, advocate Kanu Agrawal requested a bench led by CJI B R Gavai to either tag the Punjab petition with the Presidential Reference or keep it pending for adjudication after the five-judge bench gives its opinion on the 14 questions raised by President Droupadi Murmu in her reference under Article 143 following SC's Apr 8 judgment. The bench posted the Centre's application for hearing on Monday.
The Punjab govt had complained that the bills passed by the assembly two years back - The Sikh Gurdwaras (Amendment) Bill, 2023, and The Punjab Police (Amendment) Bill, 2023 - have been kept in limbo by the President after the governor arbitrarily referred these to her.
The state challenged "the governor's referral of the two bills to the President of India for her consideration in contravention to the aid and advice of the council of ministers in the absence of any constitutional trigger or any extraordinary breakdown of democratic governance." It also challenged "the President's inaction on both the bills" and said as per the Apr 8 judgment, she has to provide reasons for refusing assent or withholding assent.
The Sikh Gurdwaras (Amendment) Bill, 2023, mandates the board constituted under the Sikh Gurdwaras Act, 1925, to propagate teachings of the Gurus by making uninterrupted live feed of the holy Gurbani from Sri Harmandir Sahib available to all media houses, platforms, channels etc. free of cost, and restrains anyone broadcasting the Holy Gurbani from telecasting any advertisement 30 minutes prior to and after the broadcast.
The Punjab Police (Amendment) Bill, 2023, seeks to amend the Punjab Police Act, 2007, to create an independent mechanism for selection and appointment of suitable persons to the post of Director General of Police (DGP). The state said the amendment would free the selection from political or executive interference, while keeping in view the peculiar conditions in Punjab.
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