The Supreme Court on Tuesday raised concerns about the stability of laws when successive governments enact and then repeal legislation, specifically referring to the case of Khalsa University in Punjab. The bench, led by Justices B R Gavai and K V Viswanathan, questioned the Punjab government during a session focused on the implications of the Khalsa University (Repeal) Act, 2017.
This line of inquiry emerged while the court was examining an appeal against a Punjab and Haryana High Court decision which had upheld the repeal of the Khalsa University Act by the subsequent state administration. The high court had previously dismissed a petition that challenged the repealing act, arguing that it was enacted to protect the “heritage character” of Khalsa College, Amritsar, and integrated its associated colleges into Khalsa University.
“Will there not be uncertainty if one political party comes in power and brings a law for a university and when another political party comes in power, it repeals it?” Justice Gavai asked the counsel for Punjab, highlighting the potential for disruption in the educational sector due to political shifts.
The Supreme Court’s scrutiny stems from the actions of the Shiromani Akali Dal-BJP coalition government which established Khalsa University in 2016, and the subsequent Congress-led government under Captain Amarinder Singh which repealed the act in 2017.
During the proceedings, the counsel for the petitioners argued that the repeal was arbitrary and violated the constitutional principle of equality before the law as stated in Article 14. Conversely, the state’s counsel defended the repeal, asserting that it was a straightforward legislative process and did not adversely affect the students or faculty of the university.
