LI Network
Published on: December 26, 2023 at 14:14 IST
The Delhi High Court emphasized that the use of the term ‘Central Government’ instead of ‘Union Government’ does not dilute the federal structure integral to the Indian Constitution.
The division bench, comprising Acting Chief Justice Manmohan and Justice Mini Pushkarna, rejected the argument that referring to the central authority as the ‘Central Government’ implies subordination of State governments.
The Court firmly asserted, “The contention of the petitioner that use of the expression ‘Central Government’ gives the wrong impression that State governments are subordinate to the Union Government, is totally unacceptable.
The Federal structure of the Constitution of our country is one of the essential and basic features of the Constitution. Federalism, which is the basic structure of our Constitution, cannot be said to be diluted or violated in any manner by use of the expression ‘Central government.’ Basic structure of our Constitution is the foundation on which the governance of our country is rooted,” the Court held.
This observation came in response to a Public Interest Litigation (PIL) seeking a directive to replace ‘Central Government’ with ‘Union Government’ in all laws, legislations, and official communications.
The petitioner, an 84-year-old social activist named Atmaram Saraogi, contended that, as per the Constitution, India is a ‘Union of States,’ and the concept of a ‘Central Government’ is inappropriate.
The Court, in its detailed order on December 19, pointed out that the Constitution itself uses various expressions, including “Union,” “Union of India,” “Government of India,” and “Central Government.”
It clarified that the use of these terms interchangeably does not compromise the federal structure. The court also referred to Article 300 of the Constitution, which states that the ‘Government of India’ may sue or be sued by the name of ‘Union of India.’
The High Court highlighted that expressions like ‘Central Government,’ ‘Union of India,’ and ‘Government of India’ are used interchangeably in various statutes, demonstrating legislative intent. Referring to the definition of ‘Central Government’ in the General Clauses Act, the Court noted that the legislature explicitly includes the ‘Government of India’ within the term ‘Central Government.’
In conclusion, the Court dismissed the PIL, asserting that it will not interfere with legislative matters beyond its jurisdiction.