The court ruled that the determination of public holidays falls within the executive's domain and cannot be mandated judicially, emphasizing administrative discretion and the impracticality of uniform policies.

ORDER :

Sandeep Mehta, J.

1. Heard.

2. Applications seeking intervention are allowed.

3. The petitioner society, a registered charitable and religious organisation, has instituted this writ petition by way of a Public Interest Litigation under Article 32 of the Constitution of India, inter alia, seeking the following reliefs: -

a. Issue a Writ, Order, or Direction in the nature of Mandamus or any appropriate Writ directing the Respondents to issue appropriate directions/orders/guidelines regarding issuance of specific guidelines for declaration of Public/Gazetted holiday in India by Respondents viz. Union and State governments; and/or

b. Issue a Writ of Mandamus or any other appropriate writ, order or direction to Respondents to declare the Tenth Sikh Guru “Guru Govind Singh Jee” Prakash Parv as Gazetted/Public Holiday to be observed all over India including but not restricted to the States/Union Territories of India in which the Sikhs have significant population as well as in the States which is connected to the life and activities of Tenth Sikh Guru “Guru Govind Singh Jee”.

4. Shri Vikas Singh, learned senior counsel representing the petitioner, submits that the existing framework governing the declaration of public holidays in India lacks any statutory foundation and is instead regulated by executive instructions. It is contended that such absence of codified standards results in arbitrary and discriminatory exercise of discretion by the executive, thereby violating Article 14 of the Constitution of India.

5. It is further submitted that, in the absence of a transparent and uniform policy, the Union and the States have adopted a ‘pick and choose’ approach in recognising certain occasions as gazetted holidays while excluding others of equal national, historical, and cultural significance. Such inconsistency undermines the objectivity expected in a pluralistic secular society and results in marginalisation of significant cultural and historical observances. Emphasis is placed on the stature of Guru Gobind Singh Ji, and it is urged that, having regard to his immense contribution to the nation’s spiritual and moral fabric, his birth anniversary (Prakash Parv) ought to be accorded the status of a nationwide gazetted holiday.

6. Learned senior counsel further submits that in a country as diverse as India, the formulation of a uniform policy is necessary to ensure fairness, transparency, and consistency in the declaration of public holidays. In support of this contention, reference is made to foreign jurisdictions where such matters are governed by statutory frameworks.

7. Thus, it is urged that the existing system, being unguided and non-uniform, results in arbitrary exercise of executive discretion, and that the continued non-recognition of the Prakash Parv of Guru Gobind Singh Ji as a nationwide gazetted holiday necessitates appropriate directions from this Court for framing comprehensive guidelines governing such declarations.

8. We have given our thoughtful consideration to the submissions advanced at the bar and have perused the material available on record.

9. At the outset, it must be observed that the tenets of Sikhism place paramount emphasis on remembrance, honest labour, and selfless service. The life of Guru Gobind Singh Ji stands as a testament to courage, discipline, and unwavering commitment to duty, even in the face of the gravest adversity. His teachings, rooted in the concept of ‘Kirat Karo’ (earn an honest living) and ‘Vand Chakko’ (share what you earn), illuminate a path of active engagement with one’s responsibilities rather than disengagement therefrom. This Court records its deepest reverence for