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20 August 2026

Editorial: Punjab sacrilege law

The topic involves a specific state legislative act that raises significant constitutional questions regarding federalism, the basic structure doctrine of secularism, and the validity of mandatory sentencing, all of which are core themes in the UPSC GS2 syllabus.

2 min read Day 4 of 4 2 questions 2 prelims

Notes

  • Punjab has made multiple attempts since 2016 to enact a state-level sacrilege law, with previous bills involving life imprisonment being returned by the Centre for lack of Presidential assent.
  • The 2026 Punjab Prevention of Offences Against Holy Scripture(s) Act was enacted by amending a state-level ceremonial statute rather than the central Penal Code/BNS, aiming to bypass the requirement for Presidential assent.
  • The 2026 Act specifically protects the Guru Granth Sahib, raising constitutional concerns regarding equality before the law (Article 14) and the secular nature of the state.
  • Legal challenges to the Act are pending in the Punjab and Haryana High Court, focusing on federal competence, the proportionality of mandatory life sentences, and the violation of equality principles.
  • Constitutional jurisprudence, including S.R. Bommai v. Union of India, establishes secularism as a basic structure, prohibiting the state from favouring a specific religion.
  • The Supreme Court in Shreya Singhal v. Union of India (2015) struck down vague criminal provisions, yet similar terminology regarding 'outraging religious feelings' remains in current penal laws.
  • Article 254 requires that state laws repugnant to central legislation on Concurrent List subjects must receive Presidential assent to be valid.
  • Mandatory minimum sentencing provisions have been previously challenged in the Supreme Court (e.g., Mithu v. State of Punjab) for violating the 'just, fair and reasonable' procedure under Article 21.

Part of a longer story

This is day 4 of 4 in Akal Takht objections to Punjab anti-sacrilege legislation, which has been running since 30 June 2026. Reading it whole is usually worth more than reading today alone — the exam asks how something developed.

Questions

  1. Discuss the constitutional challenges associated with state-level legislation that seeks to criminalise offences against religious scriptures, particularly in the context of federalism and the doctrine of secularism. 150 words
    Attempt this — 150 words in 8 min
    0 / 150 words 8:00
  2. The principle of 'proportionality' in sentencing is a cornerstone of a fair criminal justice system. In light of judicial precedents, analyse how mandatory minimum sentencing provisions in state laws can conflict with the constitutional mandate of Article 21. 250 words
    Attempt this — 250 words in 11 min
    0 / 250 words 11:00

Prelims

  1. Which of the following cases established that secularism is a part of the 'basic structure' of the Indian Constitution?

  2. Under the Seventh Schedule of the Indian Constitution, 'Criminal Law' falls under which list?

Syllabus

Topics

Sources

250words.in · https://250words.in/daily/2026-08-20/editorial-punjab-sacrilege-law