The term “Union Government” has a unifying effect on the relationship between the Union and States and would go a long way in defying the “false impression” that there is a centralisation of power in the Union government, it said. (File)A PETITION has been filed before Delhi High Court seeking that the government of India be directed to use “Union Government” or “Union” instead of “Central Government” or “Centre” in all orders, notifications, rules, executive actions and correspondences.
The division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad on Friday asked the counsel representing the Centre to seek instructions and granted four weeks for it. The petition in particular challenges Section 3(8)(b) of General Clauses Act, which defines “central government”.
The public interest litigation was filed by 84-year-old Atmaram Saraogi, who said he is an activist, social innovator and business leader. He was represented by Senior Advocate Gopal Sankaranarayanan before the bench.
“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. There is not a single reference of the term ‘Central Government’ or ‘Centre’ in the Constitution of India – the first references crept only in the amendments made from 2012 onwards,” the petition said.
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Stating that “Centre” and “Union” have been used interchangeably in common parlance, it argued that the word “Centre” signifies a centre of authority and gives a wrong impression that the state governments are subservient or subordinate to the Union government. “Which was neither the intention of the framers of the Constitution nor envisaged in the Constitution itself, albeit expressly discarded after detailed debates by the Constitutional Committee itself,” the petition said.
The term “Union Government” has a unifying effect on the relationship between the Union and States and would go a long way in defying the “false impression” that there is a centralisation of power in the Union government, it said. “Under our Constitution, India is a ‘Union of States’, and there cannot be any conceptualisation of a ‘Central Government’ as existed under the British Raj. However, this archaic phraseology continues to be employed wholly contrary to our system of governance,” Saraogi contended.
In August 2021, Saraogi had written to the Union government. In December 2021, he was told by the Ministry of Law and Justice that his representation was sent to the Department of Legal Affairs for appropriate action. However, the plea alleged, no action has been taken till date.