The Jallianwala Bagh National Memorial Act, 1951
🏛️ The Jallianwala Bagh National Memorial Act, 1951
🔹 Background
The Jallianwala Bagh Massacre occurred on 13 April 1919 in Amritsar, Punjab, when British troops under General Dyer fired upon a peaceful gathering of unarmed civilians, killing hundreds. This tragic event became a turning point in India’s freedom struggle.
To commemorate the martyrs of that massacre, the Parliament of India enacted the Jallianwala Bagh National Memorial Act, 1951, to establish and maintain a national memorial at the site and preserve its historical significance.
🔹 Objectives of the Act
To create a national memorial at Jallianwala Bagh in memory of those who lost their lives in the 1919 massacre.
To maintain the site as a place of historical importance and national remembrance.
To establish a Trust to manage and oversee the memorial’s upkeep and activities.
To ensure educational and cultural initiatives are undertaken to spread awareness about the tragedy.
🔹 Key Provisions of the Act
🔸 Section 1 – Short Title and Commencement
This Act is officially titled The Jallianwala Bagh National Memorial Act, 1951.
It extends to the whole of India and came into force on 1 April 1951.
🔸 Section 3 – Establishment of the Memorial Trust
A Jallianwala Bagh National Memorial Trust was established.
The Trust is a body corporate with perpetual succession and the power to acquire property, sue or be sued.
🔸 Section 4 – Composition of the Trust
Originally, the Trust was to include:
Prime Minister of India (Chairperson),
President of the Indian National Congress (INC),
Minister in charge of Culture,
Governor of Punjab,
Chief Minister of Punjab,
Three prominent persons nominated by the Central Government.
👉 Note: There was later amendment legislation in 2019 and 2021, which removed the automatic inclusion of the INC President and allowed for replacement of nominated trustees if they fail to attend meetings for a year.
🔸 Section 5 – Powers and Functions of the Trust
The Trust is responsible for:
Building and maintaining the memorial.
Organizing educational and commemorative events.
Preserving the dignity and sanctity of the site.
Accepting donations and grants for its functioning.
🔸 Section 6 – Property and Funds of the Trust
The Trust can receive funds from the central government, donations, and other sources.
All funds must be used exclusively for maintaining the memorial and achieving its objectives.
🔸 Section 7 – Accounts and Audit
The Trust must maintain proper accounts, which are to be audited by the Comptroller and Auditor General of India (CAG).
🔸 Section 8 – Rule-Making Power
The Central Government is empowered to make rules for carrying out the purposes of the Act.
🧑⚖️ Case Law Related to the Act
While there are no landmark constitutional cases specifically interpreting the Jallianwala Bagh National Memorial Act, a few legal and political disputes have arisen, particularly surrounding amendments to the Act:
1. Challenge to the 2019 Amendment (Political Context)
In 2019, the Jallianwala Bagh National Memorial (Amendment) Bill was passed, which removed the Indian National Congress (INC) President as a permanent trustee.
The amendment was criticized by opposition parties as politically motivated, arguing it was an attempt to erase the historical role of the INC in India’s freedom movement.
Though not litigated in the Supreme Court, this amendment led to public debate on the politicization of memorials.
2. Debates Around the 2021 Amendment
Another amendment allowed the central government to remove nominated trustees who do not attend meetings for a year.
Again, while no major judicial decisions arose, concerns were raised about excessive executive control over a site of historical and emotional significance.
Legal Significance
Even though courts have not directly ruled on these matters, these developments highlight:
The importance of balancing historical sanctity with administrative efficiency.
The risk of political interference in national memorials.
The broader issue of how national heritage is preserved and interpreted under statutory bodies.
📝 Summary
| Aspect | Description |
|---|---|
| Name | The Jallianwala Bagh National Memorial Act, 1951 |
| Purpose | To establish and maintain a national memorial in memory of the 1919 massacre victims |
| Administering Body | Jallianwala Bagh National Memorial Trust |
| Key Officials | PM of India (Chairperson), Culture Minister, CM & Governor of Punjab, nominated members |
| Recent Changes | Amendments in 2019 and 2021 modified the composition of the Trust |
| Controversies | Removal of INC President from the Trust; issues of depoliticizing national memorials |
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