NEW DELHI:
Federalism
is a part of the
basic structure
of the Indian
Constitution
and it will not be
diluted
merely because the expression ‘
central government
’ is used and not ‘
Union government
’, the
Delhi high court
recently held while dismissing a PIL.
A division bench of acting chief justice Manmohan and Justice Mini Pushkarna rejected the contention that the use of the expression ‘central government’ in legislations and official communications gives the wrong impression that state governments are subordinate to the Union government.
“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 bench said in its December 19 ruling.
The PIL, filed by 84-year-old social activist Atmaram Saraogi, contended that under the Constitution, India is a ‘Union of States’, and there cannot be any concept of a ‘central government’, as it existed under the British Raj.
The PIL requested the court to strike down the definition of ‘central government’, as defined in the General Clauses Act, as being ultra vires the Constitution. “Article 1 of the Constitution of India uses the words ‘The Union and its Territory’ and states that ‘India, that is Bharat, shall be a Union of States’. Interestingly, the terms ‘centre’ or ‘central government’ have consciously not been used in any of the 395 Articles divided in 22 parts and/or in eight schedules of the Constitution,” it said.
