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FEDERALISM WON’T BE DILUTED BY USING TERM ‘CENTRAL GOVT’

Rules Delhi High Court, dismisses PIL

by Blitz India Media
January 4, 2024
in Legal
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Team Blitz India

NEW DELHI: Federalism is a part of the basic structure of the Indian Constitution and it cannot be said it is diluted or violated by the use of the expression ‘Central Government’ instead of ‘Union Government”, the Delhi High Court has said.

It dismissed a public interest litigation (PIL) seeking to replace the term ‘Central Government” with ‘Union’ or ‘Union Government’ in all orders, notifications, and correspondences.

The court said ‘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

A Bench headed by Acting Chief Justice Manmohan said ‘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, and the petitioner’s statement that the use of the expression ‘Central Government’ implies that state governments are subordinate to it is totally unacceptable.

“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 Bench, also comprising Justice Mini Pushkarna, said.

The petitioner had moved the Delhi High Court seeking a direction to strike down the definition of ‘Central Government’ as defined under Section 3(8)(b) of the General Clauses Act.

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