Should Sikhs Accept Constitution Review Commission Amendment of Article 25?

Justice Venkatachaliah National Commission to Review the Working of the Constitution set up by the Indian government in year 2000, submitted its report on March 31, 2002. Recently, Sardar Tarlochan Singh, ex-MP and ex-Minorities Commissioner, wrote to PM Modi to get the Parliament to change part of Article 25 wording as recommended by the Commission to make it more acceptable to the Sikhs.

The relevant current wording of Article 25 which offends the Sikhs is as follows: Article 25: Freedom of conscience and free profession, practice and propagation of religion: (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus. Explanation II: In sub clause (b) reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

The Sikhs argue that the current Explanation II shows the ignorance of the members of the Constituent Assembly about egalitarian Sikhi principles and traditions. The Commission recommendation of 2002 was, to quote: A number of institutions of Sikhs and Budhists suggested certain changes to Article 25(2). Explanation II to article 25 provides that reference to Hindus in sub-clause (b) of clause (2) should be construed as including reference to Sikhs etc. The Commission without going into the larger issue on which the contention is based, is of the opinion that the purpose of the representations would be served if Explanation II to article 25 is omitted and sub-clause (b) of clause (2) of that article is reworded as follows:- (b) providing for social welfare and reform or the throwing open of Hindu, Sikh, Jaina or Buddhist religious institutions of a public character to all classes and sections of these religions.

Sardar Tarlochan Singh believes that the second option is that this whole clause is removed but Schedule Caste will never agree because through this clause their entry in all Temples is granted. 

The background was explained in my article of 2019*. On 8 August 2005, the Supreme Court of India noted: The so-called minority communities like Sikhs and Jains were not treated as national minorities at the time of framing the Constitution. Sikhs and Jains, in fact, have throughout been treated as part of the wider Hindu community.

In July 2000, Punjab Chief Minister, Parkash Singh Badal, discussing the memorandum to be presented to the National Commission argued that Article 25 clubs Sikhs with Hindus, Jains and Buddhists so that it negates the growth of the Sikhs and the identity of Sikhism. That the resolution adopted in 1973 by SAD at Anandpur projected the concept for future centre state relations. Instead the promoters were projected as communal and secessionists.

The Sikh Core Group argued that this provision inadvertently introduces an element of sacrilege for Sikhism as if Sikh tenet of universal brotherhood is deficient in this regard and requires supplement of a constitutional provision. It is therefore obnoxious discrimination that Sikhs should require such an injunction through constitutional proviso while Muslims, Christians and Parsees are treated separately.
The Sikh Core Group recommended that Sikhism should be described as one among many religions of India, not as one part among the many parts of Hinduism. Most Sikhs would agree.

*https://asiasamachar.com/2019/06/08/25463/

Gurmukh Singh OBE

E-mail: sewauk2005@yahoo.co.uk

https://www.sikhiwiki.org/index.php/Gurmukh_Singh_OBE