Delhi High Court Upholds Federalism: Use of 'Central Government' Maintains Constitutional Integrity

The Delhi High Court recently dismissed a PIL challenging the use of the term 'Central Government' instead of 'Union Government' in laws and official communications, emphasizing that federalism is an essential part of the Indian Constitution. The Court, in Atmaram Saraogi v Union of India, ruled that the expression 'Central Government' does not dilute federalism, stating, "Federalism, which is the basic structure of our Constitution, cannot be said to be diluted or violated in any manner by the use of the expression 'Central government.' The Federal structure of the Constitution of our country is one of the essential and basic features of the Constitution."

The petitioner, an 84-year-old social activist, argued that the term 'Central Government' wrongly implies the subordination of State governments to the Union government. Rejecting this contention, the Court emphasized that the Constitution itself uses various expressions such as 'Union of India,' 'Government of India,' and 'Central Government,' and there is no bar to using them interchangeably. It also referred to Article 300, which explicitly mentions 'The Government of India' as the 'Union of India.'

The Court held, "It may also be noted that the expression 'Central Government,' 'Union of India' as well as 'Government of India' have been used vastly in various statutes and connote the Government of the country in interchangeable expressions. Thus, when the Constitution as well as other Statutes have applied various expressions to connote the Government of the country, this Court will not enter into the arena of legislation, which is not within the domain of this Court." The PIL sought the replacement of 'Central Government' with 'Union Government' across legislations, arguing that India, under the Constitution, is a 'Union of States.'

The High Court, in its detailed order, highlighted that federalism is a cornerstone of the Constitution and cannot be undermined by the use of the term 'Central Government.' It concluded by dismissing the PIL, reinforcing the constitutional integrity of the expression 'Central Government' in legal and official contexts.

Author: Anushka Taraniya

News Writer, MIT ADT University