High Court Begins Hearing on Punjab’s New Sacrilege Law; Bench to First Decide on Petition’s Validity

Chandigarh | April 2026 — The Punjab and Haryana High Court has initiated a legal review of the recently notified Jagat Jot Sri Guru Granth Sahib Satkar (Amendment) Act, 2026. The court has clarified that before delving into the merits of the law, it will first determine the maintainability and legal validity of the petition filed against it.

The Background

The law was passed unanimously by the Punjab Vidhan Sabha on April 13, 2026, to coincide with Khalsa Sajna Diwas. It received the Governor’s assent on April 17 and was officially notified on April 20, 2026. The Act introduces life imprisonment for acts of sacrilege against the Sri Guru Granth Sahib.

 Legal Challenges Raised

A Public Interest Litigation (PIL) filed by Simranjeet Singh, a resident of Jalandhar, has raised three primary constitutional objections. 

1. Lack of Presidential Assent: The petitioner argues that since the law introduces new criminal penalties (falling under the Concurrent List), it overlaps with the central Bharatiya Nyaya Sanhita (BNS). Under Article 254(2) of the Constitution, such a state law requires the President of India's assent to be valid. Currently, it only has the Governor's approval.

2. Violation of Secularism: The plea contends that by providing exclusive, high-penalty protection to only one religious scripture, the state has violated the principle of "Equality before Law" (Article 14) and the secular fabric of the Constitution.

3. Proportionality of Punishment: The petition challenges Section 5(3), which mandates life imprisonment for conspiracy to commit sacrilege. It argues that equating a non-violent offense with the punishment for murder is "manifestly arbitrary."

   

The "Validity First" Approach

The High Court bench has indicated that the first phase of the hearing will focus on whether the petitioner has the locus standi (standing) to challenge the Act and whether the petition meets the technical requirements of a PIL. Only after the petition is deemed "valid" will the court move to examine the constitutional arguments against the state government.

Current Status

• The Law: Currently in force across Punjab.

• The Penalty: Minimum 7 years to life imprisonment depending on the nature of the offense.

• Next Step: The High Court is expected to seek a formal response from the Punjab Government regarding the procedural validity of the Act's notification.