Legal Status of Darbar Sahib Complex Including Sri Akal Takht Sahib
The Golden Temple []]including Sri Akal Takht Sahib] and by analogy, other Sikh places of worship, have a theo-political status which is not a matter of concession by a political state, but is a right, sui generis []]unique] (Sirdar Kapur Singh**)
With a cloud hanging over Sikh theo-politics in Panjab, the credibility gap between Sikh leaders of Panjab and diaspora Sikhs is growing. One issue raised but which remains unresolved is the unceremonious dismissal of Jathedars who delivered the historic Hukamnama of 2 December 2024. It is unlikely that the issue will go away! Many diaspora Panthic organisations are unlikely to accept the clandestine new appointments nor any Hukamnamas by the appointees issued, ostensibly, on behalf of the global Panth. That simply encourages those who have never accepted the Institution of Sri Akal Takht Sahib.
With that background, clarification of the legal status of Darbar Sahib Complex, including Sri Akal Takht Sahib, is highly relevant at this juncture.
To quote a learned colleague: The question of the legal status of Sri Darbar Sahib complex under Indian jurisdiction rather than enjoying independence similar to Vatican City represents an important aspect of Sikh historical and political development. Examining this issue requires understanding the historical context of 1947 and subsequent Sikh political movements.
In 1947, Sikh leadership remained focused on the future of the community and partition negotiations centred on broader territorial arrangements rather than the specific legal status of religious sites. Shiromani Akali Dal made the choices that shaped the subsequent legal status of Sikh institutions.
Following partition, the Shiromani Gurdwara Parbandhak Committee (SGPC) managed Darbar Sahib and other gurdwaras, but subject to Indian law rather than as an independent entity. Later, Anandpur Sahib Resolution of 1973, also remained focused on Sikh political aspirations but did not address the vital issue of the status of the highest Sikh Institutions: Harmandar Sahib, Sri Akal Takht Sahib and the SGPC (Mini Sikh Parliament?) to stress the independence of these Sikh institutions. Maybe this is wisdom of hindsight but that was a glaring oversight. Even if Sikh leaders did not see 1984 invasion of Darbar Sahib on the political horizon, they should have secured independent status not just for Darbar Sahib but for the city of Amritsar akin to the Vatican City
Despite these negatives, a new awakening in the global Panth over a period of time is possible. Post Covid communications technology and virtual meetings facilities are now available to the Singh Sahiban to establish two way consultation process to be able to assess Panthic view and to guide the Sikhs and promote community cohesion as the global Sikh nation, above local nationalities.
The first loyalty of a Sikh is to Sikhi principles and next to the country of adoption. Sri Akal Takht Sahib represents the Higher Authority and Singh Sahiban of the right Sikhi calibre, are the Sewadar Interpreters of Guru/Panth wishes.
Therefore, one positive outcome from the present chaos, can be a shift away from the management (sewa-sambhaal) of the Soveriegn Institution of Sri Akal Takht Sahib by the failed Panjab Sikh leadership, to global Panthic management.
Finally, there is a historical lesson for Delhi, that leaderless Sikhs of Panjab can be even more troublesome for the rulers at Delhi! (Ref: Post Maharaja Ranjit Singh period.)
** The Golden Temple []]Darbar Sahib]: Its Theo-Political Status (Dharam Parchar Committee 1988 and, earlier, The Sikh Review (Kolkata) August 1974.)
Gurmukh Singh OBE
Principal Civil Servant retd (UK)
E-mail: sewauk2005@yahoo.co.uk
Sikh ideology articles: https://www.sikhmissionarysociety.org/