HC dismisses pleas for caste-based reservation in Sikh gurdwara election

The Punjab and Haryana High Court on Friday ruled that seeking caste- or gender-based reservation in election to a Sikh religious institution contradicts the foundational principles of Sikhism.

Referring to the Sikh philosophy of equality and unity, the Bench of Justice Anil Kshetarpal and Justice Harpreet Kaur Jeevan dismissed a bunch of petitions.

Among other things, it was argued in the petitions that failure to reserve seats in the election to the Haryana Sikh Gurdwara Management Committee for scheduled castes, backward classes and women was unconstitutional and against the provisions of the Representation of the People Act.

“It is significant to note that seeking reservation on the basis of caste and gender for the purpose of election in a Sikh religious institution will go against the philosophy of Sikh religion. A writ of mandamus cannot be issued to compel a body or the state to provide for reservation,” the Bench ruled.

The court asserted the division of society based on caste or creed contradicted the fundamental principles of Sikhism as Guru Nanak – the founder of the Sikh religion – advocated for a casteless society.

“The philosophy of Sikh religion emphasizes on oneness of all human beings. The Sikhism founded by Shri Guru Nanak Dev Ji underscores the importance of principle 'Ek noor te sab jag upjya' - which signifies that from one light, ie, from a universal source, the entire universe is made of. The initial word in Shri Guru Granth Sahib Ji is 'Ik Onkar', which denotes that there is only one 'universal creator', ie, 'God' referred to as 'Onkar'. It also implies oneness in all forms of mankind,” the Bench asserted.

The court said Sikhism abided by its philosophies and tenets. The practice of “langar” or community kitchen is the best example of oneness. “Langar halls are one of those places where everyone is treated equally and offered a meal; where attendees sit on the floor and eat simple food,” the Bench observed.

It added that the representation for socially backward classes, including scheduled castes, scheduled tribes, backward classes and women, had otherwise been ensured through co-opted members.

The court observed that Article 15 of the Constitution merely empowered the state to make special provisions, but did not mandate reservations in all fields; otherwise also, the Representation of the People Act cited by the petitioners governed parliamentary and assembly elections and was inapplicable to elections in religious organisations.

Addressing a separate challenge to the Haryana Sikh Gurdwara Management Committee Election Symbols (Allotment) Order, 2023, the court upheld its validity, asserting that the commissioner acted within the scope of the Haryana Sikh Gurdwara (Management) Act, 2014, while issuing the order. The Bench found no merit in claims of constitutional violations or overreach.