Supreme Court Strikes Down the Khalsa University (Repeal) Act, 2017 (Repeal Act) as Unconstitutional

On October 03, 2024 (Thursday), the Supreme Court (SC) of India was hearing an appeal filed by Khalsa University against the decision of the Punjab and Haryana High Court (HC) that dismissed the writ petition seeking a writ of certiorari for quashing the Khalsa University (Repeal) Act, 2017 (Repeal Act). The SC bench of Justice BR Gavai and Justice KV Viswanathan struck down the Khalsa University (Repeal) Act, 2017 (Repeal Act) as being unconstitutional which sought to single out the Khalsa University amongst 16 private Universities in the State. The bench said “The Impugned Act (Repeal Act) singled out the Khalsa University (appellant No.1) amongst 16 private Universities in the State and no reasonable classification has been pointed out to discriminate the Khalsa University (appellant No.1) against the other private Universities. The Impugned Act therefore would be discriminatory and violative of Article 14 of the Constitution.”

The Repeal Act was enacted by the Punjab Assembly in 2017 with the motive of repealing the erstwhile Khalsa University Act of 2016 which mandated that Khalsa University follow the UGC (Establishment of and Maintenance of Standards in Private Universities) Regulations, 2003 issued by the University Grants Commission. During the proceedings, Learned Senior Counsel Shri PS Patwalia appearing for the appellants submitted that the 2017 Act was passed on a non-existent factual matrix. He added that the Statement of Objects and Reasons (SOR) of the Impugned Act shows that the only reason for passing it is to ‘protect the heritage character of Khalsa College’. He submitted that the SOR shows that the Repeal Act was passed on the basis that the Khalsa College has, over a period of time, become a significant icon of Khalsa Heritage and the Khalsa University established in 2016 was likely to shadow and damage its character and pristine glory. He added that the Impugned Act was patently arbitrary, discriminatory, and violative of Article 14 of the Constitution.

The matter was first heard by the High Court which refused to declare the Repeal Act unconstitutional; therefore, the appellant approached the Apex court. While hearing the matter, two important questions were addressed by the top court, “The first question is, whether an enactment for giving out a differential treatment to a single entity is valid in law or not and secondly, whether the Impugned Act is liable to be struck down on the ground of manifest arbitrariness.” After referring to a plethora of connected judgments, the SC bench observed, “It is thus a settled position of law that though a legislation affecting a single entity or a single undertaking or a single person would be permissible in law, it must be on the basis of reasonable classification having nexus with the object to be achieved. There should be a reasonable differentia on the basis of which a person, entity, or undertaking is sought to be singled out from the rest of the group. Further, if a legislation affecting a single person, entity or undertaking is being enacted, there should be special circumstances requiring such an enactment. Such special circumstances should be gathered from the material taken into consideration by the competent legislature and shall include the Parliamentary/Legislative Debates.” 

Moreover, the top court termed the reasons supplied by the State Government as inappropriate. It also said, “Even during the course of hearing, a specific statement has been made by the appellants that the Khalsa College would not be affiliated with the Khalsa University. The maps have been placed on record which show the placement of Khalsa College in the campus along with the other institutions. The perusal of the said map would clearly reveal that it is only the Khalsa College established in 1892 which is a heritage one. All other buildings have been subsequently constructed having no resemblance with the Khalsa College building. It can thus be seen that the very foundation that Khalsa University would shadow and damage the character and pristine glory of Khalsa College which has, over a period of time, become a significant icon of Khalsa heritage is on a non-existent basis. It could thus be seen that the Impugned Act, which was enacted with a purpose which was non-existent, would fall under the ambit of manifest arbitrariness and would therefore be violative of Article 14 of the Constitution. We are therefore of the considered view that the Impugned Act is also liable to be set aside on the same ground.” 

Accordingly, the SC quashed and set aside the judgment passed by the Punjab & Haryana HC and struck down the Repeal Act as unconstitutional. It added, “The consequent direction is also issued to the effect that the Khalsa University Act, 2016 would be deemed to be in force and status quo as it obtained on 29th May 2017 would stand restored.”