Supreme Court Questions Punjab Government on Khalsa University Repeal Act, Reserves Verdict

Keywords: Supreme Court, Punjab Khalsa University Repeal Act, Khalsa University case, Punjab & Haryana High Court, Khalsa College Charitable Society, Khalsa University Act 2016, Punjab Government law repeal, university law uncertainty, Article 14 Constitution

On Tuesday, the Supreme Court of India raised concerns about the potential uncertainty that could arise if a ruling government enacts a law for establishing a university, only for it to be repealed by a succeeding government. A bench comprising Justice B.R. Gavai and Justice K.V. Viswanathan questioned the Punjab government on this issue while hearing a plea challenging the Khalsa University (Repeal) Act, 2017.

The plea was brought forward by Khalsa University and the Khalsa College Charitable Society, which sought to overturn the Punjab & Haryana High Court’s November 2017 judgment that dismissed their petition to quash the Repeal Act.

The Khalsa University Act, passed in 2016 by the then Shiromani Akali Dal-BJP government, established Khalsa University. The university encompassed several colleges run by the Khalsa College Charitable Society, including the College of Pharmacy, College of Education, and the College for Women. However, in 2017, the Congress government led by Captain Amarinder Singh repealed the Khalsa University Act, citing concerns over protecting the “heritage character” of Khalsa College.

The petitioners argued that the Repeal Act was arbitrary and violated Article 14 of the Constitution, which guarantees equality before the law. However, the Punjab government’s counsel defended the Repeal Act, stating that it was within the state’s legislative power, and no students or teachers of the university had raised objections to the repeal.

During the hearing, the bench reserved its judgment on the matter, emphasizing that the court would not delve into the specific details of admissions but would instead focus on the legal question at hand.

The High Court, in its earlier ruling, had dismissed the petition, stating that the legislature had the power to both create and repeal the university, and the petitioners’ challenge to this power was legally untenable.

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