{Dhirendra Brahmchari’s Aparna Ashram land} Governor reserves bill for Prez consideration

Haryana governor Bandaru Dattatreya has reserved the Bill passed by the state assembly to take over the management and control of deceased Yoga Guru Dhirendra Brahmchari’s Aparna Ashram Society in Gurugram for the consideration of the President. This means that the Bill passed by the state assembly on March 28 would need the assent of the President in terms of Article 201 of the Constitution to become a law.

This also means that the state government will have to wait longer to wrest control of the moveable and immoveable assets of the Society. The state government had during the budget session of the assembly introduced the Bill to take over the management and control of the Society in view of the two-decade long litigations between members of the Society. The impending government take-over, which stands deferred now, would have also meant that a high-valued and contentious piece of about 24 acres in Gurugram’s Silokhra village (Sector 30) come under government’s control. The tract was at the center of a controversy after it was sold at throwaway prices to private companies in December 2020 by the purported authorised representatives of the Society.

A May 30, 2024 move of the state government to transfer the ownership of about 24 acres of Gurugram land in government’s name (vide mutation number 1949) following May 29, 2024 orders of a single bench of the Punjab and Haryana high court came to naught in July 2024 after a division bench set aside the single bench’s order as well as the action taken by the state government in terms of impugned orders.

Why the Bill needs President’s assent

The Aparna Institution (Taking over of management and control) Bill, 2025 deals with Article 31-A of the Constitution (saving of laws providing for acquisition of estates, etc) which provides immunity from the operation of Articles 14 (equality before law) and Article 19 (protection of certain rights regarding freedom of speech, etc) for a law enacted by a state legislature for taking over of the management of a property by the state for a limited period either in the public interest or to secure its proper management. However, the provisions of Article 31-A apply only when such an enactment by the state legislature is reserved for the consideration of the President and receives President’s assent.

Charitable institutions and endowments fall in Concurrent List

Since the Bill passed by the state assembly is related to the subject of charities, charitable institutions, charitable endowments enumerated in entry 28 of the Concurrent List of the Constitution on which both the union and state government have the power to make laws, the governor has to reserve it for the consideration of the President. This is because Article 254 (2) of the Constitution mandates that where a law made by the state legislature with respect to matters enumerated in the Concurrent List contained any provision repugnant to the provisions of a law made by the Parliament then the law made by the state legislature would prevail if it has received President’s assent.

The Bill proposes takeover of the management, control and possession of the property of the Society for a period of ten years and a maximum of 15 years. An administrator will be appointed to carry on the management of the institution for and on behalf of the state government.

Justification for enactment of law to take over assets

As per the justification taken by the state government for enacting a legislation to take over the management and control of the Society, the disputing groups of the Society who were involved in multiple litigations were illegally and unauthorisedly trying to sell 24 acres in Gurugram for their personal gains. “There is every likelihood that the moveable and immoveable properties of the institution may get destroyed which will frustrate the very purpose with which the institution was created. Therefore, for the management, administration, control and regulating the activities of the institution, it is expedient in the public interest to take over the management and control to achieve the aims and objectives of the institution and to fulfil the wish and will of Yoga guru,’’ said the statement of objects and reasons of the Bill outlining the rationale for taking over the control of the society.