Summary: The Indian Constitution establishes India as a “Union of States,” emphasizing a unified structure rather than a federation of independent entities. Articles 1 to 4 define the territorial composition, while Article 53 vests executive power in the Union government. Despite the Constitution’s deliberate avoidance of the term “Central Government,” it is often used interchangeably with “Union Government.” The General Clauses Act, 1897, provided a legal definition for “Central Government,” and later amendments reinforced its use. Over time, the balance of power has shifted towards the Union government, reducing the legislative autonomy of states. The 42nd Amendment transferred subjects like education and forests from the State List to the Concurrent List, enhancing Union control. Article 280 established the Finance Commission to facilitate financial devolution, yet states increasingly rely on Union allocations, which come with policy conditions. Areas like housing, agriculture, and welfare, traditionally under state jurisdiction, are now influenced by Union schemes, often bypassing state authority. This encroachment limits state discretion while holding them accountable for implementation failures. The Tamil Nadu government recently chose to replace “Central Government” with “Union Government” in official communication, emphasizing the intended constitutional terminology. The Delhi High Court is also reviewing a plea on this matter. The Constituent Assembly was cautious to prevent excessive centralization, but legislative and financial trends indicate a growing concentration of power at the Union level, impacting India’s federal structure.
The Constitution of India is the supreme legal document of India. It imparts constitutional supremacy (not parliamentary supremacy, since it was created by a constituent assembly rather than Parliament) and was adopted by its people with a declaration in its preamble. Parliament cannot override the constitution. It was adopted by the Constituent Assembly(A constituent assembly is a group of people who draft or revise a country’s constitution) of India on 26 November 1949 and became effective on 26 January 1950.The original 1950 constitution is preserved in a helium-filled case at the Parliament Library Building in New Delhi
Members of the Constitution Drafting Committee in February 1948; (Sitting, from left) N. Madhava Rao; Saiyid Muhammad Saadulla; Dr. B.R. Ambedkar; Alladi Krishnaswami Ayyar and Sir B.N. Rao. (Standing from left) S.N. Mukerjee, Jugal Kishore Khanna and Kewal Krishan.
Why is the Preamble called the soul of the Constitution?
Whenever the law is written, the lawmaker must write the purpose or objective behind such law in its preamble. It explains the reasoning behind the law, helping to resolve ambiguities in its interpretation. By outlining the purpose of the law, it allows citizens to understand their rights and responsibilities under it.
In same way a Constitution, it presents the intention of its framers, the history behind its creation, and the core values and principles of the nation.
The Preamble to the Constitution of India is called the “soul” of the Constitution because it captures the fundamental values and goals of the country. It’s also the introductory statement that explains the guiding values and reasons for the Constitution.
Preamble
We The People of India, having solemnly resolved to constitute India into a [SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] [Substituted by the Constitution (Forty-second Amendment) Act, 1976, Section 2, for ” SOVEREIGN DEMOCRATIC REPUBLIC” (w.e.f. 3.1.1977).] and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;and to promite among them all
FRATERNITY assuring the dignity of the individual and the [unity and integrity of the Nation] [Substituted by the Constitution (Forty-second Amendment) Act, 1976, Section 2, for ” unity of the Nation” (w.e.f. 3.1.1977).];
IN OUR CONSTITUTENT, ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
Article 1(1) of the Constitution of India says “India, that is Bharat, shall be a Union of States.”
BR Ambedkar clarified that “Both the Union and the States are created by the Constitution; both derive their respective authority from the Constitution.
According to him, the one is not subordinate to the other in its own field and the authority of one is to coordinate with that of the other”
Discarded by Constituent Assembly: The word ‘Centre’ is not used in the Constitution; the makers of the Constitution specifically discarded it and instead used the word ‘Union’.
Even though we have no reference to the ‘Central government’ in the Constitution, the General Clauses Act, 1897 gives a definition for it.
“Central government is a term not used in the original Constitution as passed by the Constituent Assembly,” explained Rohit De, a historian who teaches at Yale University. “However, there is a 2012 amendment which adds the phrase.”
“The Emergency amendments had also used the term ‘Central laws’ but these were deleted in the 44th amendment,” he added. “It is important for us to emphasise the term ‘Union government’ rather than use ‘Central government’ given legal interpretation is all about words itself.”
Centre i.e Union Refuses to Replace ‘Central Government’ Term in Delhi High Court
The Centre opposed in the Delhi High Court a plea seeking to replace the term ‘central government’ with the ‘Union’ or ‘Union government’ as intended by the Constitution in all its orders, notifications, and correspondences.
The Centre’s counsel argued that it was unnecessary litigation and the PIL should be dismissed as not maintainable.
A bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula granted time to the Centre to respond to the petition filed by an 84-year-old man and listed it for further hearing.
On being asked by the bench as to where was the prohibition on the use of the term ‘Central government’, the counsel said ‘Central government’ is not a legal entity even in a single case and Article 1 of the Constitution uses the term ‘Union’ and not ‘Central’ and Article 53 says executive powers of Union government.
The petitioner said he had given a representation to the Department of Legal Affairs to take appropriate action in this regard but since no action was taken, he filed the PIL in court.
Recently, the Tamil Nadu government has decided to shun the usage of the term ‘Central government’ in its official communications and replace it with ‘Union government’.
Central i.e Union Govt is Slowly Blurring India’s Federal Structure
When the Indian Constitution was adopted, it had been decided that powers of the states and the Centre to legislate on various subjects will be delineated. These were mentioned separately in the Central i.e Union List, State List and the Concurrent List of Schedule VII of the Constitution. The Union government could legislate on items given in the Central i.e Union List while state could do so for items in the State List. In the Concurrent List both could legislate but the Central legislation had overriding powers. Increasingly, the powers of the Centre have increased, with restriction on the state’s power to frame laws. Under the 42nd amendment to the Constitution, five subjects including education and forests were transferred to the Concurrent List from the State List, thereby restricting the power of the state.
Under Article 280 of our Constitution, there is a provision for the constitution of a Finance Commission every five years. It assesses the resources of the Centre and different states and makes recommendation on transfer of funds to states based on a normative assessment. Since states have inadequate resources, the Centre makes devolution. This is to meet the requirements of health and education, apart from other financial needs.
For instance Housing is another area where the Centre has made announcements like ‘housing for all’ in a certain span of time. Land is clearly a state subject. Housing facilities especially pucca houses are planned by the states. Many of them have schemes for it. But the Centre wants to emphasise that it is cognisant of this basic necessity. There are reports in the media mentioning a timeframe.
Agriculture is a state subject. It is the states who have the responsibility to see that farmers in their area are able to earn enough money with better irrigation facilities and technical advice. It is they who should be providing them money when in distress. Interestingly, the Centre has promised to double their incomes. To better connect with the farmers, money is being transferred directly into the accounts of farmers under a Central scheme. This clearly is an encroachment over states’ domain.
While our Finance Commission transfers continue as contemplated in the Constitution, the Centre is gradually providing large funds outside it and encroaching on the remit of the states. Basic necessities like drinking water, housing, nutrition and poverty alleviation are areas where the states needs supplemental funds from the Centre for their own schemes. But in many areas, the Centre is has its own policies backed by funds. The states have to follow this if they wants Central funds. In some cases, funds are directly being transferred to the beneficiary account. The states, being near the point of delivery of services, are better placed to provide them. They are the ones who look to the last mile connectivity. A result of the Centre entering this field is that criticism because of poor delivery is faced by the states, who provide the services at the ground level. The credit for the scheme invariably goes to the Centre.
Conclusion:
The members of the Constituent Assembly were very cautious of not using the word ‘Centre’ or ‘Central government’ in the Constitution as they intended to keep away the tendency of centralising of powers in one unit. After going through the 395 Articles in 22 Parts and eight Schedules in the ORIGINAL CONSTITUTION, it can be stated that the term ‘Centre’ or ‘Central government’ is nowhere used.
Over the years, with the reduction in the State List and expansion of the Central List, the legislative competence of states has been restricted. The Centre is entering these areas by way of its various schemes.
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