New Delhi: A Public Interest Litigation has been filed in Delhi High Court seeking directions to the Union of India to replace the term ‘Central Government’ with the union or union government stating it was the original intent of the drafters of the constitution of India from all acts and legislations as well as from all official communications of the Government of India. The PIL has been filed before the Delhi High Court by Hemant Raj Phalpher, Advocate and argued by Senior Advocate Gopal Sankarananrayanan.
The Bench of Justice Satish Chander Sharma and Justice Subramonium Prasad on Friday has asked the Government counsel to obtain instructions on the same. The Petitioner Atmaram Saraogi, a Senior Citizen, aged 84 years, an alumnus of Calcutta and Harvard Universities stated that the Constitution of India passed and adopted on 26.01.1950 contains clear division and separation of powers between the Union Government and the State Government with a clear intent of stating the Government of India as Union and not as Central Government.
Article 1 of the Constitution of India used the words ‘The Union and its Territory’ and states that ‘India, that is Bharat, shall be a Union of States’. There is not a single reference of the term ‘Central Government’ or ‘Centre’ in the first Constitution of India. Thereby implying the indestructible nature of its unity between all the units’, said the plea. The Constituent Assembly has not used the term ‘Central Government’ or ‘Centre’ on all of its 395 Articles in 22 parts and 8 Schedules in the Original Constitution. The Constituent Assembly was very cautious of not using the word ‘Centre’ or ‘Central Government’ in the Original Constitution as they intended to keep away the tendency of centralising of powers in one unit. This is also one of the basic features of the Constitution which cannot be altered, the plea stated.
The issue regarding the usage of the correct term was debated in the Constitutional Assembly at length, whereby Dr. Ambedkar further clarified that ‘the Union is not a league of States, united in a loose relationship; nor are the States the agencies of the Union, deriving powers from it’. Both the Union and the States are created by the Constitution; both derive their authority from the Constitution, the plea read.