Haryana Assembly is empowered to pass a law for separate SGPC

Under the law the Haryana Assembly is empowered to pass the Bill for creation of a separate SGPC for its own state. Taking away this right from the Haryana Assembly would be unconstitutional. Incorporation and regulation of religious bodies is a part of the State List under the Seventh Schedule of the Constitution of India. As such it is the subject which is under the domain and the power of State Legislature. This power cannot be taken away from the State Assembly. This would be against the very purpose of the reorganization of the states. This is further made clear under Section 72 of Punjab Reorganization Act, 1966 which clearly mentions that till the provision is made by law the Central Government would issue directions from time to time. This position is further clarified by the Supreme Court in its judgment Kashmir Singh vs. Union of India reported as (2008) 7 SCC 259.
“The 1966 Act has an extraterritorial application. It is not in dispute that no law has been enacted either by the State of Haryana or by the State of Himachal Pradesh. In the absence of any law having enacted to the contrary, the functions under the 1966 Act must be performed by some authority. The Central Government with the consent of State of Haryana has merely nominated the State of Punjab to do so.”
This makes it amply clear that Haryana Assembly is competent to pass its own law. However, the Bill so passed by the Haryana Assembly would need the assent of the President of India.
This is the legal position which I am clarifying in view of lot of controversy going around on the subject.
(The Author is Senior Advocate.)