The Indian Constitution is a crucial document that outlines the guiding principles for democracy in India, including the balance of power between the President and the subnational governments. This article explores the nuances of federalism, centralization, and decentralization as defined by the constitution.
The Term ‘Central Government’ and Its Constitutionality
Despite common usage in everyday parlance, the term ‘Central government’ is conspicuously absent from the Indian Constitution. The Constituent Assembly, responsible for drafting the Constitution, refrained from using ‘Centre’ or ‘Central government’ throughout the 395 Articles in 22 Parts and eight Schedules constituting the original Constitution.
Instead, the Constitution primarily discusses ‘Union’ and ‘States,’ with executive powers wielded by the President based on the advice of the Council of Ministers headed by the Prime Minister. Although the Constitution does not refer to the ‘Central government’, the General Clauses Act of 1897 defines it unofficially: the ‘Central government,’ practically speaking, is the President post inception of the Constitution.
Intent of the Constituent Assembly: A Focus on Union
The India Constitution, under Article 1(1), dictates that “India, that is Bharat, shall be a Union of States.” The emphasis is clearly on consolidation, hinting at an amalgamation of provinces and territories into a robust united country. The draft Constitution submitted in 1948 by Dr. B R Ambedkar, chairman of the drafting committee, clarified that the term ‘Union’ was used because there was no agreement among the various units forming the federation, and they had no freedom to secede from the federation.
The Difference Between ‘Union’ & ‘Centre’
As per constitutional expert Subash Kashyap, ‘Centre’ suggests a specific point within a circle, whereas ‘Union’ embodies the entire circle. He further explains that ‘Union’ better represents the relationship between the whole and its parts in the context of Indian political system. Both Union and States are creations of the Constitution and derive authority from it, neither being subordinate to the other.
Issues Associated with The Term ‘Central Government’
Despite the widespread usage of the term ‘Central government’, there exist several issues with it. Firstly, the Constituent Assembly explicitly chose not to use the term, preferring ‘Union’ over ‘Centre.’ Secondly, the term ‘Centre’ is a remnant of the colonial era, mainly perpetuated by the bureaucracy. Lastly, the term ‘Centre’ seems inconsistent with the idea of federalism, which implies a shared power structure between the national and subnational governments.
The Way Forward: Federalism and Balancing Power
According to several stakeholders, maintaining the federal nature of the Constitution is paramount, and both extreme centralization and chaotic decentralization can impair Indian federalism. A balance must, therefore, be struck between the tenets of federalism, like autonomy of states, national integration, decentralisation, and regionalisation. Irrespective of the terminology used to refer to the government, it is the spirit of federalism, democracy, and cooperation that should guide the governance in India.