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The recent decision of the Tamil Nadu government to replace the term ‘Central government’ with ‘Union government’ in its official communications has sparked a reevaluation of these terms. In India, while the terms “union government” and “central government” are often used interchangeably, the distinction points towards the historical and constitutional intent behind the choice of words.
Understanding the Original Intention of the Constituent Assembly
Article 1(1) of the Indian Constitution declares, “India, that is Bharat, shall be a Union of States.” Interestingly, out of all 395 Articles contained within the 22 Parts and eight Schedules of the original Constitution, none use the terms ‘Centre’ or ‘Central government’. This was intentional.
On December 13th, 1946, Jawaharlal Nehru presented the Constituent Assembly’s objectives, affirming India as a Union of territories aiming to join an “Independent Sovereign Republic.” The emphasis at the time was on fostering unity among provinces and territories to form a robust, united country.
When the draft Constitution was tabled in 1948, Dr B R Ambedkar, chairman of the drafting committee, confirmed the deliberate usage of the term ‘Union.’ Two reasons were cited: First, India’s federation did not result from a mutual agreement between the units. Second, these constituents lacked the freedom to secede from the federation. Hence, the members avoided using the word ‘Centre’ or ‘Central government’ to prevent the concentration of powers in a single entity.
Interpreting the Terms ‘Union’ & ‘Centre’
According to constitution expert Subash Kashyap, ‘Centre’ suggests a point within a circle, while ‘Union’ signifies the entire circle. The relationship between the so-called ‘Centre’ and states, as per the Constitution, is essentially a relationship between the whole and its parts. Both Union and States are created by, and derive authority from, the Constitution. Neither one is subordinate to the other within their respective fields. Their respective authorities are intended to work in harmony.
The Supreme Court, India’s highest court, does not have superintendence over the High Court. Although the Supreme Court has appellate jurisdiction over the High Courts, other courts, and tribunals, none of them are declared subordinate to it.
In simple language, ‘Union’ suggests a federal structure while ‘Centre’ implies a unitary government. However, both terms are practically similar in the Indian political context.
Issues Associated with the Term ‘Central Government’
Despite being widely used, the term ‘Centre’ was intentionally avoided by the creators of the Constitution in favor of ‘Union’. The usage of ‘Centre’ is considered a colonial legacy since it was frequently used by the bureaucracy in the Secretariat, New Delhi, which led to its widespread adoption by the media and others.
On another note, India follows a federal form of government where power is shared between the national government and the states. Each looks after distinct areas of governance based on national interests and detailed day-to-day management respectively. Using the term ‘Centre’ or ‘central government’ may suggest that state governments are subordinate to it, conflicting with the idea of federalism.
The Way Forward
The federal nature of the Indian Constitution is a fundamental feature that must be maintained. Therefore, those in power must strive to uphold this aspect of our Constitution. A country as diverse and large as India necessitates a delicate balance between federal pillars such as autonomy of states, national integration, centralisation, decentralisation, nationalisation, and regionalisation.
Extreme political centralisation or chaotic political decentralisation can undermine Indian federalism. Hence, a sustainable solution to these challenges lies not within the statute-book but in the conscience of those in power.