The Constitutional Spirit of Word ‘Union’ and the Colonial Hangover of the Word ‘Central’ in the Federal Structure of India

The Constitutional Spirit of Word ‘Union’ and the Colonial Hangover of the Word ‘Central’... Abstract A constitution is an organic instrument comprising the whole scheme that provides a roadmap for the functioning of a country. The words and phrases used in the Constitution of India are a foundation that provides structure, organization, and framework for the federal structure of India. The focus of this study is to analyse the use of the words ‘Union’ and ‘Central’ in the Constitution of India and the distinctive applications of the two words in other various places of legislative and administrative spheres of the Governance. This research article criticizes the careless attitude of various elected governments towards the use of the two words since the independence of India. This research article also focuses on exploring the contradictory nature of the words ‘Union’ and ‘Central’ and the damage caused by deliberately using the two words interchangeably, which is entirely against the spirit and intent of the Constitution of India. This study also particularly emphasizes the use of the words ‘Guaranteed by Central Government’ in Indian currency notes while taking into account a proper historical perspective of this issue. The study also puts into the picture the unseen effect that the use of the word ‘Central’ has had on the people of India. 1.INTRODUCTION The Constitution is a pronouncement of principles that are inherent in the practices of society, but it is difficult to focus on it. We generally concentrate on the nature and spirit of the Constitution, which is determined by the intention of the original members of the Constituent Assembly. The Constitution is not an ordinary statute made in the ordinary legal procedure. It is an embodiment of higher order, multiple values and an enunciation of aspirations, and it is also a solid stanchion of inspiration and diligence for the generations to come. Thus, the Constitutional power is superior to ordinary legislative power. The Constitution of India specifies mechanisms that regulate and coordinate political powers and rights and that themselves possess specific and predictable properties. The Constitutional intention and spirit is implemented through institutions designed to stabilize beliefs and filter out the quotidian limitations against the broader background of historical time. The grid of Constitutional mechanism and structure in a practical sense spells out new working paths with achievable goals. The written word of the Indian Constitution is a binding norm, which creates the working environment for the political leaders and citizenry. In William Shakespeare’s play, Romeo and Juliet, Juliet says ‘What’s in a name? That which we call a rose by any other name would smell as sweet’.1 From a literary point of view, this may be correct but with respect to statutes of modern days, it is not true. A statute is a formal act of the legislature in written form. It declares the will of the Legislature.2 The words and phrases used in the Constitution and statute have wider significance and cannot be construed according to the restrictive canons of construction. The Constitution is the creation of a constituent act; therefore, the validity and sanctity of the Constitution is much higher than any ordinary statute. The supremacy of the Constitution is undisputed and it cannot be challenged in a court of law.3 All ordinary statutes made by the legislature and all other regulations and institutions that are created within statute should follow the binding normative framework created by the Constitution. The Chairman of the Drafting Committee of Indian Constitution, Dr Bhimrao Ambedkar, in his last speech on 25 November 1949 in Constituent Assembly described the spirit and nature of the Constitution and its direct relation to the working of a Constitution. He said, ‘I feel, however good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However bad a Constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot. The working of a Constitution does not depend wholly upon the nature of the Constitution’.4 Words are the verbal embodiment of our notions and in particular our actions. Successive Governments mostly unknowingly but in some instances of unscrupulousness, knowingly in actions for extending their power, may create a particular situation and notion in the working or application of the Constitution, without having due regard to the intent, the spirit, the principles and the words used in the Constitution itself. The word ‘Union’ and ‘Centre’ signify different perspectives, ideas, and intentions. The word ‘Union’ comprises the whole of a circle, while the word ‘Central’ surely means the point in the middle of it. While studying the federal structure of India, we noticed that the word ‘Central’ has wide applications in the working of the legislative, executive, and administrative domain of India. Even in the currency notes of India, the phrase ‘Guaranteed by the Central Government’ is used. After proper analysis of the historical and the present situations, the writers of this research article conclude that the word ‘Central’ can never be a suitable replacement to the sense and substance that the word ‘Union’ holds. The objective of this research article is to analyse the use of the words ‘Union’ and ‘Central’ in the Constitution of India. The study also analyses whether the word ‘Central’ can act as an equivalent substitute for the word ‘Union’ in different domains and spheres of the government and asks whether expressions such as ‘Central Legislature’, ‘Central Laws’, ‘Central Government’, ‘Central University’, ‘Central Institute’ wholly reflect or satisfy the Constitutional spirit and intent. The debate presented below is focused on comprehending the relevance of the use of the word ‘Central’ in various strata of the Indian System of Governance. This study also particularly focuses on the use of the words ‘Guaranteed by Central Government’ in Indian currency while taking into a proper historical perspective of the same. 2.THE WORDS ‘UNION’ AND ‘CENTRAL’ IN THE CONSTITUTION OF INDIA The function of British government in India was highly centralized and unitary. A strong centralized authority was created by British government for administrative and legislative necessity. The Constitution of India5 came into force on 26 January 1950, and at the time of its commencement, the original draft of the Constitution had the words ‘Union’ or ‘Government of India’ used for different purposes and in different contexts of the administrative, legislative, and judicial wing of Government. The word ‘Union’ is also used in various parts and chapters of the Constitution of India. The word ‘Union’ is used in headings of Parts IV, V, XI, XIV, XVII and other chapters of the Constitution of India. Various phrases and sentences containing the word ‘Union’ have been culled from the various Articles in the Constitution of India. The use of the word ‘Union’ in the Constitution of India, as shown in Table 1 lays down the various principles on which the constitution is created and depicts a complete picture in context with the intention of the Constituent Assembly of India. Table 1 Application of word ‘Union’ as an axis of the Constitution of India 1 Art. 1(1) ‘India, that is Bharat, shall be a Union of States.’ 2 Art. 34 ‘any person in the service of the Union or of a State’ 3 Art. 53(1) ‘The executive power of the Union shall be vested in the President’ 4 Art. 53(2) ‘the supreme command of the Defense Forces of the Union shall be vested in the President’ 5 Art. 58, Explanation ‘President or Vice-President of the Union or the Governor or Rajpramukh or Uparajpramukh of any State or is a Minister either for the Union or for any State’. 6 Art. 72(1) (b) ‘executive power of the Union extends’ 7 Art. 73(1), Marginal notes ‘Extent of executive power of the Union’ 8 Art. 78(1) ‘administration of the affairs of the Union’ 9 Art. 79 ‘There shall be a Parliament for the Union’ 10 Art. 110(f) ‘the audit of the accounts of the Union or of a State’ 11 Art. 146(1) ‘Union Public Service Commission’ 12 Art. 149 and 150 ‘accounts of the Union and of the States’ 13 Art. 191 ‘Minister either for the Union or for such State’ 14 Art. 233(2) ‘A person not already in the service of the Union or of the State’ 15 Art. 246(1) Referred to as the ‘Union List’. 16 Art. 256 and 257 ‘executive power of the Union shall extend to the giving of such directions’ 17 Art. 259(2) ‘the Armed Forces of the Union’ 18 Art. 260, Marginal notes ‘Jurisdiction of the Union in relation to territories outside India’ 19 Art. 261(1) ‘Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.’ 20 Art. 268, Marginal notes ‘Duties levied by the Union’ 21 Art. 270(2) ‘taxes payable in respect of Union emoluments’ 22 Art. 270(3) ‘taxes payable in respect of Union emoluments’ 23 Art. 275(1), Marginal notes ‘Grants from the Union to certain States’ 24 Art. 285(1) ‘The property of the Union’ 25 Art. 289(1) ‘Exemption of property and income of a State from Union taxation the affairs of the Union’ 26 Art. 292 ‘The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India’ 27 Art. 297, Marginal notes ‘Things of value lying within territorial waters to vest in the Union’. 28 Art. 300(1) ‘The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State’ 29 Art. 309 ‘connections with the affairs of the Union or of any State’ 30 Art. 310 ‘civil service of the Union’ 31 Art. 315(1) ‘Public Service Commission for the Union and a Public Service Commission for each State.’ 32 Art. 339, Marginal notes ‘Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes’ 33 Art. 343(1) ‘The official language of the Union shall be Hindi in Devanagari script’ 34 Art. 355 ‘the duty of the Union to protect every State against external aggression’ 1 Art. 1(1) ‘India, that is Bharat, shall be a Union of States.’ 2 Art. 34 ‘any person in the service of the Union or of a State’ 3 Art. 53(1) ‘The executive power of the Union shall be vested in the President’ 4 Art. 53(2) ‘the supreme command of the Defense Forces of the Union shall be vested in the President’ 5 Art. 58, Explanation ‘President or Vice-President of the Union or the Governor or Rajpramukh or Uparajpramukh of any State or is a Minister either for the Union or for any State’. 6 Art. 72(1) (b) ‘executive power of the Union extends’ 7 Art. 73(1), Marginal notes ‘Extent of executive power of the Union’ 8 Art. 78(1) ‘administration of the affairs of the Union’ 9 Art. 79 ‘There shall be a Parliament for the Union’ 10 Art. 110(f) ‘the audit of the accounts of the Union or of a State’ 11 Art. 146(1) ‘Union Public Service Commission’ 12 Art. 149 and 150 ‘accounts of the Union and of the States’ 13 Art. 191 ‘Minister either for the Union or for such State’ 14 Art. 233(2) ‘A person not already in the service of the Union or of the State’ 15 Art. 246(1) Referred to as the ‘Union List’. 16 Art. 256 and 257 ‘executive power of the Union shall extend to the giving of such directions’ 17 Art. 259(2) ‘the Armed Forces of the Union’ 18 Art. 260, Marginal notes ‘Jurisdiction of the Union in relation to territories outside India’ 19 Art. 261(1) ‘Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.’ 20 Art. 268, Marginal notes ‘Duties levied by the Union’ 21 Art. 270(2) ‘taxes payable in respect of Union emoluments’ 22 Art. 270(3) ‘taxes payable in respect of Union emoluments’ 23 Art. 275(1), Marginal notes ‘Grants from the Union to certain States’ 24 Art. 285(1) ‘The property of the Union’ 25 Art. 289(1) ‘Exemption of property and income of a State from Union taxation the affairs of the Union’ 26 Art. 292 ‘The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India’ 27 Art. 297, Marginal notes ‘Things of value lying within territorial waters to vest in the Union’. 28 Art. 300(1) ‘The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State’ 29 Art. 309 ‘connections with the affairs of the Union or of any State’ 30 Art. 310 ‘civil service of the Union’ 31 Art. 315(1) ‘Public Service Commission for the Union and a Public Service Commission for each State.’ 32 Art. 339, Marginal notes ‘Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes’ 33 Art. 343(1) ‘The official language of the Union shall be Hindi in Devanagari script’ 34 Art. 355 ‘the duty of the Union to protect every State against external aggression’ View Large Table 1 Application of word ‘Union’ as an axis of the Constitution of India 1 Art. 1(1) ‘India, that is Bharat, shall be a Union of States.’ 2 Art. 34 ‘any person in the service of the Union or of a State’ 3 Art. 53(1) ‘The executive power of the Union shall be vested in the President’ 4 Art. 53(2) ‘the supreme command of the Defense Forces of the Union shall be vested in the President’ 5 Art. 58, Explanation ‘President or Vice-President of the Union or the Governor or Rajpramukh or Uparajpramukh of any State or is a Minister either for the Union or for any State’. 6 Art. 72(1) (b) ‘executive power of the Union extends’ 7 Art. 73(1), Marginal notes ‘Extent of executive power of the Union’ 8 Art. 78(1) ‘administration of the affairs of the Union’ 9 Art. 79 ‘There shall be a Parliament for the Union’ 10 Art. 110(f) ‘the audit of the accounts of the Union or of a State’ 11 Art. 146(1) ‘Union Public Service Commission’ 12 Art. 149 and 150 ‘accounts of the Union and of the States’ 13 Art. 191 ‘Minister either for the Union or for such State’ 14 Art. 233(2) ‘A person not already in the service of the Union or of the State’ 15 Art. 246(1) Referred to as the ‘Union List’. 16 Art. 256 and 257 ‘executive power of the Union shall extend to the giving of such directions’ 17 Art. 259(2) ‘the Armed Forces of the Union’ 18 Art. 260, Marginal notes ‘Jurisdiction of the Union in relation to territories outside India’ 19 Art. 261(1) ‘Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.’ 20 Art. 268, Marginal notes ‘Duties levied by the Union’ 21 Art. 270(2) ‘taxes payable in respect of Union emoluments’ 22 Art. 270(3) ‘taxes payable in respect of Union emoluments’ 23 Art. 275(1), Marginal notes ‘Grants from the Union to certain States’ 24 Art. 285(1) ‘The property of the Union’ 25 Art. 289(1) ‘Exemption of property and income of a State from Union taxation the affairs of the Union’ 26 Art. 292 ‘The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India’ 27 Art. 297, Marginal notes ‘Things of value lying within territorial waters to vest in the Union’. 28 Art. 300(1) ‘The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State’ 29 Art. 309 ‘connections with the affairs of the Union or of any State’ 30 Art. 310 ‘civil service of the Union’ 31 Art. 315(1) ‘Public Service Commission for the Union and a Public Service Commission for each State.’ 32 Art. 339, Marginal notes ‘Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes’ 33 Art. 343(1) ‘The official language of the Union shall be Hindi in Devanagari script’ 34 Art. 355 ‘the duty of the Union to protect every State against external aggression’ 1 Art. 1(1) ‘India, that is Bharat, shall be a Union of States.’ 2 Art. 34 ‘any person in the service of the Union or of a State’ 3 Art. 53(1) ‘The executive power of the Union shall be vested in the President’ 4 Art. 53(2) ‘the supreme command of the Defense Forces of the Union shall be vested in the President’ 5 Art. 58, Explanation ‘President or Vice-President of the Union or the Governor or Rajpramukh or Uparajpramukh of any State or is a Minister either for the Union or for any State’. 6 Art. 72(1) (b) ‘executive power of the Union extends’ 7 Art. 73(1), Marginal notes ‘Extent of executive power of the Union’ 8 Art. 78(1) ‘administration of the affairs of the Union’ 9 Art. 79 ‘There shall be a Parliament for the Union’ 10 Art. 110(f) ‘the audit of the accounts of the Union or of a State’ 11 Art. 146(1) ‘Union Public Service Commission’ 12 Art. 149 and 150 ‘accounts of the Union and of the States’ 13 Art. 191 ‘Minister either for the Union or for such State’ 14 Art. 233(2) ‘A person not already in the service of the Union or of the State’ 15 Art. 246(1) Referred to as the ‘Union List’. 16 Art. 256 and 257 ‘executive power of the Union shall extend to the giving of such directions’ 17 Art. 259(2) ‘the Armed Forces of the Union’ 18 Art. 260, Marginal notes ‘Jurisdiction of the Union in relation to territories outside India’ 19 Art. 261(1) ‘Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.’ 20 Art. 268, Marginal notes ‘Duties levied by the Union’ 21 Art. 270(2) ‘taxes payable in respect of Union emoluments’ 22 Art. 270(3) ‘taxes payable in respect of Union emoluments’ 23 Art. 275(1), Marginal notes ‘Grants from the Union to certain States’ 24 Art. 285(1) ‘The property of the Union’ 25 Art. 289(1) ‘Exemption of property and income of a State from Union taxation the affairs of the Union’ 26 Art. 292 ‘The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India’ 27 Art. 297, Marginal notes ‘Things of value lying within territorial waters to vest in the Union’. 28 Art. 300(1) ‘The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State’ 29 Art. 309 ‘connections with the affairs of the Union or of any State’ 30 Art. 310 ‘civil service of the Union’ 31 Art. 315(1) ‘Public Service Commission for the Union and a Public Service Commission for each State.’ 32 Art. 339, Marginal notes ‘Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes’ 33 Art. 343(1) ‘The official language of the Union shall be Hindi in Devanagari script’ 34 Art. 355 ‘the duty of the Union to protect every State against external aggression’ View Large We can say from these instances that the word ‘Union’ has found a widespread usage in the Constitution of India for all administrative, executive, financial, commercial, judicial, and legislative purposes. Either the word ‘Union’ has been used or the word ‘States’ has been used for the subordinate units of the ‘Union’. Thus, the Founding Fathers of the Constitution of India deliberately used the word ‘Union’ to describe the executive, legislative, and administrative governance in India. In no way can any other word replace the wide spectrum of the domain covered by the word ‘Union’ in Constitutional governance and so it is an axis of the Constitution of India (Table 1). The Republic of India is represented by the phrase ‘Government of India’ in various provisions of the Constitution of India such as Art. 8, 12, 58(2), 66(4), 73(1)(b), 76(2), 77(1), 77(3), explanation of 102(1), 112(1), 112(2)e, 131(a), 138(2), 148(4), 191(1)a and its explanation, 266(1), 284, 293(2), 295(1)(b), 296, 300, 312(A)(1)(a), 317(4), 319, 320, 361, and 361(B). The Union of India or Government of a State is treated as juristic person that may sue or be sued. Art. 300(1) classifies the words ‘Government of India’ and ‘Union of India’. Thus, the Government of India is not a legal entity; the Union of India is legal entity, a sovereign body that possesses rights and obligation. The word ‘Central’ or ‘Central government’ was not used in the Constitution of India even in a single place at the time of commencement of the Constitution of India. In the updated and amended version of the Constitution of India published on 9 November 2015, the word ‘Central’ was used on nine occasions in the main text of the Constitution of India and on the expression ‘Central Acts’ also occurs on 34 occasions in the IX Schedule of the Constitution of India, which was created for saving the Union and State laws from Judicial review. The references to these instances of use of the expressions ‘central laws’, ‘central Act’, ‘central government’, and ‘central university’ in the main text of the Constitution of India are given in Table 2. Table 2 The list of the words ‘Central Laws’, ‘Central Act’, ‘Central Government’ and ‘Central University’ inserted by Amendment in the Constitution of India S. N. Article Inserted by Amendment Act number Text of Amendment 1 131-A The Constitution (Forty-second Amendment) Act, 1976, section 23 (w.e.f. 1-2-1977) and Rep. by the Constitution (Forty-third Amendment) Act, 1977, section 4 (w.e.f. 13-4-1978). Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws. 2 266-A The 42nd Amendment Act, 1976 and Rep. by the Constitution (Forty-third Amendment) Act, 1977, section 8 (w.e.f. 13-4-1978). Constitutional validity of Central laws not to be considered in proceedings under Art. 226. 3 371E (Marginal notes) 36th Amendment Act (1975). The University of Andhra Pradesh is deemed as a ‘Central University’. 4 371G 53rd Amendment Act (1986). Provided that nothing in this clause shall apply to any Central Act in force in the Union Territory of Mizoram immediately before the commencement of the Constitution (Fifty-third Amendment) Act, 1986. 5 394A(1)(a) 53rd Amendment Act (1986). The translation of this Constitution in the Hindi language, signed by the members of the Constituent Assembly, with such modifications as may be necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of Central Acts in the Hindi language, and incorporating therein all the amendments of this Constitution made before such publication. 6 243ZH 97th Amendment Act (2011). ‘Registrar’ means the Central Registrar appointed by the ‘Central Government’ in relation to the multi-state co-operative societies. The elected Government is described as ‘Central Government’. 7 243ZR 97th Amendment Act (2011). The provisions of this part shall apply to the multi- state co-operative societies subject to the modification that any reference to ‘Legislature of a State’, ‘State Act’ or ‘State Government’ shall be construed as a reference to ‘Parliament’, ‘Central Act’ or ‘the Central Government’, respectively. S. N. Article Inserted by Amendment Act number Text of Amendment 1 131-A The Constitution (Forty-second Amendment) Act, 1976, section 23 (w.e.f. 1-2-1977) and Rep. by the Constitution (Forty-third Amendment) Act, 1977, section 4 (w.e.f. 13-4-1978). Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws. 2 266-A The 42nd Amendment Act, 1976 and Rep. by the Constitution (Forty-third Amendment) Act, 1977, section 8 (w.e.f. 13-4-1978). Constitutional validity of Central laws not to be considered in proceedings under Art. 226. 3 371E (Marginal notes) 36th Amendment Act (1975). The University of Andhra Pradesh is deemed as a ‘Central University’. 4 371G 53rd Amendment Act (1986). Provided that nothing in this clause shall apply to any Central Act in force in the Union Territory of Mizoram immediately before the commencement of the Constitution (Fifty-third Amendment) Act, 1986. 5 394A(1)(a) 53rd Amendment Act (1986). The translation of this Constitution in the Hindi language, signed by the members of the Constituent Assembly, with such modifications as may be necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of Central Acts in the Hindi language, and incorporating therein all the amendments of this Constitution made before such publication. 6 243ZH 97th Amendment Act (2011). ‘Registrar’ means the Central Registrar appointed by the ‘Central Government’ in relation to the multi-state co-operative societies. The elected Government is described as ‘Central Government’. 7 243ZR 97th Amendment Act (2011). The provisions of this part shall apply to the multi- state co-operative societies subject to the modification that any reference to ‘Legislature of a State’, ‘State Act’ or ‘State Government’ shall be construed as a reference to ‘Parliament’, ‘Central Act’ or ‘the Central Government’, respectively. View Large Table 2 The list of the words ‘Central Laws’, ‘Central Act’, ‘Central Government’ and ‘Central University’ inserted by Amendment in the Constitution of India S. N. Article Inserted by Amendment Act number Text of Amendment 1 131-A The Constitution (Forty-second Amendment) Act, 1976, section 23 (w.e.f. 1-2-1977) and Rep. by the Constitution (Forty-third Amendment) Act, 1977, section 4 (w.e.f. 13-4-1978). Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws. 2 266-A The 42nd Amendment Act, 1976 and Rep. by the Constitution (Forty-third Amendment) Act, 1977, section 8 (w.e.f. 13-4-1978). Constitutional validity of Central laws not to be considered in proceedings under Art. 226. 3 371E (Marginal notes) 36th Amendment Act (1975). The University of Andhra Pradesh is deemed as a ‘Central University’. 4 371G 53rd Amendment Act (1986). Provided that nothing in this clause shall apply to any Central Act in force in the Union Territory of Mizoram immediately before the commencement of the Constitution (Fifty-third Amendment) Act, 1986. 5 394A(1)(a) 53rd Amendment Act (1986). The translation of this Constitution in the Hindi language, signed by the members of the Constituent Assembly, with such modifications as may be necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of Central Acts in the Hindi language, and incorporating therein all the amendments of this Constitution made before such publication. 6 243ZH 97th Amendment Act (2011). ‘Registrar’ means the Central Registrar appointed by the ‘Central Government’ in relation to the multi-state co-operative societies. The elected Government is described as ‘Central Government’. 7 243ZR 97th Amendment Act (2011). The provisions of this part shall apply to the multi- state co-operative societies subject to the modification that any reference to ‘Legislature of a State’, ‘State Act’ or ‘State Government’ shall be construed as a reference to ‘Parliament’, ‘Central Act’ or ‘the Central Government’, respectively. S. N. Article Inserted by Amendment Act number Text of Amendment 1 131-A The Constitution (Forty-second Amendment) Act, 1976, section 23 (w.e.f. 1-2-1977) and Rep. by the Constitution (Forty-third Amendment) Act, 1977, section 4 (w.e.f. 13-4-1978). Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws. 2 266-A The 42nd Amendment Act, 1976 and Rep. by the Constitution (Forty-third Amendment) Act, 1977, section 8 (w.e.f. 13-4-1978). Constitutional validity of Central laws not to be considered in proceedings under Art. 226. 3 371E (Marginal notes) 36th Amendment Act (1975). The University of Andhra Pradesh is deemed as a ‘Central University’. 4 371G 53rd Amendment Act (1986). Provided that nothing in this clause shall apply to any Central Act in force in the Union Territory of Mizoram immediately before the commencement of the Constitution (Fifty-third Amendment) Act, 1986. 5 394A(1)(a) 53rd Amendment Act (1986). The translation of this Constitution in the Hindi language, signed by the members of the Constituent Assembly, with such modifications as may be necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of Central Acts in the Hindi language, and incorporating therein all the amendments of this Constitution made before such publication. 6 243ZH 97th Amendment Act (2011). ‘Registrar’ means the Central Registrar appointed by the ‘Central Government’ in relation to the multi-state co-operative societies. The elected Government is described as ‘Central Government’. 7 243ZR 97th Amendment Act (2011). The provisions of this part shall apply to the multi- state co-operative societies subject to the modification that any reference to ‘Legislature of a State’, ‘State Act’ or ‘State Government’ shall be construed as a reference to ‘Parliament’, ‘Central Act’ or ‘the Central Government’, respectively. View Large Table 2 demonstrates that the word ‘Central’ inserted in the Constitution of India was for ancillary purposes and had no substantial value in regard to the legislative, administrative, and federal character of India. It was only inserted for the purpose of delimiting the Constitutional validity of Statutes. Now in India, the word ‘Central’ is popularly used in the social, political, economic, and administrative domain in Governmental machinery as well as colloquially by the populace. The original draft of the Indian Constitution never contained the word ‘Central’, but due to a kind of ‘Colonial Hangover’, the incoming governments were forced to neglect the Constitutional intent and spirit and pave the way to continue the colonial legacy of the Governmental System of the British Raj. Thus, the original Constitutional spirit never materialized in the real world. The result was that the use of the word ‘Central’ has now become widespread as it occurs in various ways in all spheres of the Indian legal and governmental system, and indeed everywhere else within the administrative, legislative, and regulatory spheres owing to the successive ‘ruling parties’ unconsidered tendencies to promote centralization of the system at a single point. The word ‘Central’ is also used to denote the properties, institutions, laws, and administrative and regulatory functions owned by the Union and the State Governments. 3.DERIVATION OF THE USE OF THE EXPRESSION ‘CENTRAL GOVERNMENT’, ‘CENTRAL ACT’, AND ‘CENTRAL UNIVERSITY’ IN INDIA The power of adaptation and modification of law into accord with the provisions of the Constitution was given to the President of India for a limited period (that is for two years in the first instance and then enhanced to three years by the Constitution First Amendment Act 1951), from the commencement of the Constitution on, 26 January 1950, as an interim provision. In exercise of the power conferred upon the President by this provision, some Adaptation of Laws Orders were made by him.6 At this time in 1950, it was perceived to be an essential duty of the Government of India to conscientiously adopt the nomenclatures and contents of colonial Acts and statute laws in accordance with the Constitutional spirit. The intent was that there should be widespread use of the word ‘Union’ and corresponding modification of existing content (as, for example, ‘Central Act’ to ‘Union Act’, ‘Central Government’ to ‘Union Government’ and ‘Central laws’ to ‘Union Laws’, thus removing any taint of the colonial legacy which might be caused by retaining the nomenclature of the British regime. However, the pattern of use of word ‘Central’ was not fully replaced with the word ‘Union’, and so the colonial legacy reflecting the same mindset has continued for the past 67 years. Nowhere, in the Constitution of India, the words ‘Central Government’, ‘Central Act’, and ‘Central law’ are defined or used as such. The General Clauses Act, 1897 is applied to the interpretation of the Constitution of India as it applies to the interpretation of an Act of the legislature of the Dominion of India subject to any adaptations and modifications that may be made therein under Article 372.7 The Government of India (Adaptation of Indian Laws) Order,8 1937, substituted the expressions ‘Central Government’ in all Indian Laws for the expressions ‘Governor-General of India in Council’, ‘Governor General of India’, ‘Governor-General in Council’, and ‘Governor-General and Government of India’. The Adaptations order9 of 1950, preferred to retain the expression ‘Central Government’ in The General Clauses Act, 1897 with the additional glass in section 3 that ‘in relation to anything done or to be done after the commencement of the Constitution’ it means ‘the President’. This insertion, as section 3 (8), in the General Clauses Act, 1897 paved the way to continue the colonial legacy, and the necessary required amendments (according to the intent and spirit of Constitution) to substitute ‘Union Government’ or ‘Government of India’ as per the provisions of Articles 53 and 77 of the Constitution of India (Table 1) never took place. Probably, the logic of retaining the word ‘Central Government’ is more readily understood in the light of this expression having been in constant informal use. The definition of ‘Central Act’ was inserted by the Adaptation of Laws Order 1950,10 in the General Clauses Act, 1897. The purpose of this insertion was to give a list of the lawmaking authorities in the Indian Statute Book, ante, for the laws enacted both before and after the commencement of the Constitution. The definition is intended to cover all Acts passed by the authority of Parliament, and Acts of the Dominion Legislature passed between the 15 August 1947 and the 26 January 1950 or Colonial laws creating authorities such as Governor General in Council or the Governor General classifying each as a ‘Central Act’. In such a way, all the Acts passed pre- and post-independence era of India except those of the provincial domain are known as ‘Central Act’. By means of the General Clauses Act and Adaptation of Laws Order, 1950, the word ‘Central’ gained entry by means of the expressions ‘Central Act’, ‘Central Government’, and ‘Central laws’ into the Constitution of India, via the route of amendments. Table 2 shows that the word ‘Central’ was inserted in the actual text of the Constitution of India for the first time by the Forty-second Amendment Act 1976 and in the ninth schedule in 1951. Since then, this has happened continuously, due to the fact that necessary adoption and modification was not been done in 1950 in accordance with the Constitutional intent and spirit of widespread application of the principles in which the word ‘Union’ exhibited. The Central Universities Act 2009 came into force on 15 January 2009 and created central universities in 15 states of India. The Act did not define the words ‘Central University’. Section 6(2)(i) provides that admission of students and recruitment of faculty shall be made on all-India basis and section 6(2)(ii) provides admissions of students shall be made on merit, either through common entrance tests conducted by the university or in combination with other universities. The other old Central University statute also contains provisions relating to admission and recruitment of all-India bases. Universities created by the fund of the ‘Union’ are operating under the name of ‘Central’, but are functioning in and for the whole ‘Union of India’. The correct name of the so-called ‘Central University’ should be the ‘Union University’, and necessary amendments are required to achieve the same. 4.THE CONCEPTS UNDERLYING THE WORDS ‘CENTRAL’ AND ‘UNION’ IN THE FEDERAL STRUCTURE OF INDIA The words ‘Centre’ and ‘Union’ create very different images and connote different concepts. The centre is a point in the middle of a circle, while union is the whole circle. The relationship between the ‘Union’ and the ‘States’ is that between the whole and the part and not between the centre of authority and its peripheries. Incidentally, in the field of federal–state relations, it needs to be specially stressed that a great deal of damage has been caused as a result of the wrong use of the terms centre–state relation, central Act, central legislature, central laws etc. These are an unfortunate hangover from the days of the centralized government during the colonial rule.11 The word ‘Central’ creates an environment permeated by the notion that governmental machinery of ‘Union’ is running from a distant point with a single source. The Republic of India is described as a Union in the very first provision of the Constitution: clause 1 of Article (1) lays down that ‘India that is Bharat, shall be a Union of States’.12 The word ‘Union’ is defined as an entity created by the act or instance of uniting or joining of two or more things into one, such as the formation of a single political unit from two or more separate and independent units which were previously governed separately and which have surrendered or delegated their principal powers to the government of the whole or to a newly created government.13 The chairman of the Drafting Committee of the Constitution, Dr B. R. Ambedkar, furnishes reflections on the use of word ‘Union’ in Constitution of India. Dr Ambedkar after providing an illustration from Canadian and South African Constitutions said that I do not know why the word ‘Union’ was used in the other Constitutions of the world. He rationalized the use of word ‘Union’ and clarified the intention of the Drafting Committee of Constituent Assembly and said14: …what is important is that the use of the word ‘Union’ is deliberate…The Federation is a Union because it is indestructible. Though the country and the people may be divided into different States for convenience of administration the country is one integral whole, its people a single people living under a single imperium derived from a single source. Dr Ambedkar added that rigidity and legalism were the two serious weakness of federalism.15 The Indian system was unique in as much as it created a dual polity with a single Indian citizenship and it can be unitary as well as federal according to the requirement of time and circumstances. The amending procedure is not rigid, but there is considerable uniformity of laws and judicial procedure, one unified judiciary and common All India Services. The Indian system has added new ways of overcoming the rigidity and legalism inherent in federalism which are special to it and which are not to be found elsewhere.16 Mahboob Ali Baig Sahib Bahadur17 in the Constituent Assembly did not agree with the justification of Dr B. R. Ambedkar and exhibited apprehension regarding the vagueness of the word ‘Union’. He queried why we should not use the correct word ‘Federation’, and whether, on the other hand, the word ‘Union’ was used with a purpose such that in the course of time, this federal form of government might be converted into a unitary form of government. In such a case, it is for the House to use the correct word so that it may be difficult in future for any power-seeking party that may come into authority easily to convert this into a unitary form of government. So, he argued, it is for the House to use the correct word ‘Federation’ instead of the word ‘Union’. After the partition of India, Drafting Committee of the Constituent Assembly described India as a ‘Union’. The founding fathers of the Indian Constitution did not use the word ‘federation’ and preferred to call it a ‘Union of States’ because they wanted to have a strong Government of India that could preserve the integrity and stability of the country. A powerful and strong ‘Union Government’ that was fully equipped with sufficient resource and authority could deal with the problems of this vast country and its multilayered, multi-structured, and fragmented society at a considerable pace. The Constitution of India is much more complicated, detailed, and legalistic than other federal Constitutions. The Indian Constitution is designed to settle many details such as distribution of legislative, administrative, and financial powers between Union and State government. In India, the ‘Union’ and its unit States have a clear division of subjects and power, but they are mutually interdependent, and Granville Austin18 prefers to call Indian federalism as ‘Co-operative federalism’. India is a ‘Union’ or a composite State of a novel type.19 It enshrines the principle that ‘in spite of federalism, the national interest ought to be paramount’.20 As a form of political organization, federalism has nowhere been adopted on the theoretical grounds of its real or hypothetical virtues. Rather it has always emerged as a product of compromise and expediency and the driving forces behind it have invariably been the history, circumstances, and problems of the country adopting it.21 The observation of this phenomenon is appositely true of the Indian Constitution. In Keshavanand Bharti v. State of Kerala,22 some of the judges of the Supreme Court regarded the federal character of the Indian Constitution as an essential or basic feature of the Constitution. Further in S.R. Bommai and others v. Union of India and others,23 nine judges of the Constitutional bench held that the democracy and federalism are the essential features of our Constitution and are part of its basic structure. External sovereignty is not relevant to the federal nature of a Constitution, for such sovereignty must belong to the country as a whole. But the division of internal sovereignty by a distribution of legislative powers is an essential feature of federalism, and our Constitution possesses that feature. The end aim of essential character of the Indian federalism is to place the nation as a whole under control of a National Government, while the states are allowed to exercise their sovereign power within its legislative and co-extensive, executive, and administrative sphere. Theoretically, if we look from some angles, the aforesaid description of federalism is found to be true, but if we actually apply the principles of it in the Working of the Constitution, then we will find that the notion embodied by the words ‘Union’ or ‘composite State of a novel type’ has not taken its full, unified shape that promotes the philosophy of ‘Unity and Integrity’. In the federal sphere, some formal changes have taken place through amendments in the Constitution and also in legislation with insertion of words in General Clauses Act 1897. Informal changes have also taken place, like setting up and establishing extra Constitutional bodies such as the Planning Commission (now known as Niti Ayog), National Development Council, National Advisory Council, and many other such institutions and bodies that have emerged as forms of super-governmental power. These formal and informal changes that have taken place after commencement of the Constitution of India are used in acquiring power and both reflect and promote a strong centralizing tendency. Unfortunately, the fears of Mahboob Ali Baig Sahib Bahadur became true, and the pattern of increased centralization in working of the Constitution was found from the Nehruvian era to that of Indira to the present Modi era in a steady geometric progression, which has changed the mindset of the citizens of India. It has been 70 years since India attained independence, yet a major portion of the Indian legal system is presently sustained on the Colonial legacy of the accumulation of powers and creates a strong central conglomeration of institution giving a message to the populace that the whole system of democratic, social, and political life is created to run on just a single dominant point. At present, the Prime Ministers’ Office (PMO) in particular has become a nodal point in policy-making, political appointments, and the overall functioning of the nation, even; it might be said, to the point of ignoring and spurning the democratic and Union basis on which the country was formed. The PMO, therefore, technically possesses a lot of power, which has resulted in the corresponding decline in the power of the council of ministers of the Union Government. Recently, the demonetization of currency notes is a prominent illustration of this. Even the Cabinet Ministers were officially made aware of the decision only a matter of hours before the initiative speech of the Prime Minister. The tendency of running the whole government from a single point, as in the case of the PMO, has diluted the federal structure of India as the world’s largest democracy. Names, not only of nations and citizens but of social, political, and other institutions, acquire almost everlasting identity, and any change in them becomes a change in the concept as a whole. In the field of ‘Union–State’ relations, a great deal of damage has been caused as a result of the wrong use of the terms ‘Centre–State’. 5.THE APPLICATION OF THE EXPRESSION ‘CENTRAL GOVERNMENT’ IN INDIAN CURRENCY In modern technological times and complex business relations, money in the form of currency plays a key role in performing various acts of everyday lifestyle. The history of currency can be traced back in India to the mid-19th century when the Scotsman James Wilson was appointed as a Financial Member in the Indian colonial government in 1859 to curtail the deficits arising from the Sepoy Rebellion of 1857–58. The Paper Currency Act of 1861(Act 19 of 1861), made on the proposal of Wilson, was enforced from 1 March 1862 creating a monopoly of the colonial government in issuing currency notes. It continued to issue currency notes until the Reserve Bank of India (RBI) assumed responsibility on 1 April 1935. The bank was authorized to the make and issue banknotes subject to the provisions of the RBI Act. Section 25 of the RBI Act says about the form of banknotes: ‘The design, form and material of banknotes shall be such as may be approved by the Central Government after consideration of the recommendations made by the central board’. Every banknote issued by RBI (2, 5, 10, 20, 50, 100, 500, 1000, and 2000) shall be legal tender at any place of India for payment or on account for the amount expressed therein and shall be guaranteed by the Central Government.24 The authenticity of a banknote depends on guarantee given by the Government (Sovereign) of the State. In India, section 26 of RBI Act says that every banknote issued by RBI shall be legal tender at any place in India for payment or on account for the amount expressed therein and shall be ‘Guaranteed by the Central Government’ subject to provisions of section 26(2) of RBI Act, 1934. On every note issued by RBI at the apex, the phrase ‘Guaranteed by the Central Government’ in English and in Hindi is inscribed. The authenticity of the banknotes depends on the guarantor known as ‘Central Government’ (). The phrase ‘Guaranteed by the central government.’ is misleading and confusing and does not fulfil the spirit and intent of the founding fathers of the Constitution of India. India has a federal form of government; it is now declared that federalism is an essential feature of the ‘Constitution’.25 It is an indestructible union of destructive unit.26 The foregoing discussion of the words ‘Central’ and ‘Union’ shows that ‘Guaranteed by the Central Government’ is not an appropriate phrase to be used in Indian Currency. One of the authors wrote a letter of memorandum to the President of India regarding erroneous inclusion of the phrase ‘Guaranteed by the Central Government’ on Indian paper currency and suggested replacement of the words ‘Central Government’ with the words ‘Union Government or Government of India’. The office of the President of India sent an acknowledgement and forwarded the letter to the Ministry of Finance, Government of India. The Ministry of Finance had sought the opinion of the Ministry of Law in this regard and under Secretary, Department of Economic Affairs, Government of India, responded to the author as follows: Ministry of Law has concluded that usage of the words ‘Guaranteed by Central Government’ on the currency notes is nothing but a Guarantee given by the Union Government and the same was used only for administrative Convenience, to avoid ambiguity and as per the Government of India (Allocation of the Business) Rules, 1961. It is legally not correct to say that usage of the phrase ‘Guaranteed by the Central Government’ on our currency note is incorrect. Therefore there appears to be no legal necessity to replace the words ‘Central Government’ with the words ‘Union Government or Government of India’ as suggested in your representation.27 In the interpretation of statutes and other legal documents, the commas, hyphens, and full stops are capable of changing the meaning of legal sentences. Yet here, two whole words are used as if they make no difference to the meaning; the learned Ministry of Finance stated that a guarantee given by ‘Central Government’ on the banknotes is the same as a guarantee given by ‘Union Government’. The Ministry relies for support for its stand on the illegitimate ground of ‘administrative convenience’ for the purpose of avoiding ambiguity, while appearing unaware of the ambiguity due to the antecedents of the colonial legacy, technically continued due to the wrong words being substituted in the definition clause (section 3) of the General Clauses Act, 1897 by the Adaptation of Laws Order, 1950 discussed above. The Government of India officers cannot understand the notion and spirit of the Constitution; they have not given any proper justification and they are running the Government in the name of ‘Administrative Convenience’. Even after the demonetization that was done in November 2016, the Union Government has not amended the same expression in the General Clauses Act, 1897 and RBI Act 1934 on the new paper currency. For the use of the word ‘Central Government’, the Ministry refers to the Government of India (Allocation of the Business) Rules, 1961 ‘to avoid ambiguity and administrative Convenience’. When we searched the Allocation of the Business Rules, we find the frequency of ‘Central Government’ words occurring 44 times, and in the same rules, the words ‘Union Government’ occur three times in different places: in the second Schedule (Rule 3) (distribution of subjects among the departments, department of expenditure) Para 6(b) ‘cash balance of Union Government with Reserve Bank’; in the same provisions Para 6(d) ‘disbursements for the purpose of the Union Government’; and in department of States Para 7(a)(i) ‘All matters falling within the purview of the Union Government’ are used. The aforesaid discussion shows that Allocation of the Business Rules, 1961 contain both type of words ‘Central Government’ and ‘Union Government’ and are thus themselves ambiguous. Any statute that contains in itself ambiguous words cannot remove ambiguity, as is the case in the aforementioned ‘Allocation of the Business Rules, 1961’. The Government of India Account Rules, 1990 also contains the same kind of ambiguity, using the expression ‘Central Government’ 94 times and the expression ‘Union Government’ five times, in the same statute. 6.CONCLUSIONS This study reveals that the word ‘Union’ is the axis of the Constitution of India and in place of ‘Central’, only the use and application of the word ‘Union’ can fulfil the constitutional norm and spirit of the Constitution of India. The words ‘Central Government’ and ‘Central Act’ and similar expressions are not capable of taking the rightful place of the word ‘Union’ in the administrative, legislative, executive, political, judicial, and economic domain of India in the name of administrative convenience. The notion and spirit of the words ‘Union’ and ‘Central’ are different. The word ‘Central’ is an unfortunate hangover from the days of centralized government during colonial rule. The use of both the expression, ‘Union Government’ and ‘Central Government’, in legislative domain creates ambiguity by preserving antecedents of the colonial legacy, which has been technically continued due to the substitution of the wrong words in the definition clause (section 3) of the General Clauses Act, 1897 by the Adaptation of Laws Order, 1950. The overall result has been that all the laws enacted by the Parliament are known by the term ‘Central Act’ and the common populace of India knows only the words ‘Central Government’ instead of the words ‘Union Government’. The Indian populace regrettably is not accustomed to the word ‘Union’, which is largely due to the Government’s indifferent attitude. This has heavily affected the nomenclature of Federal/Union Institutions as all of them are officially named as being ‘Central’. While the word ‘Union’ is in a sense synonymous with the word ‘federal’, the word ‘Central’ is a complete misfit in describing the federal structure of India. This article, therefore, proposes an amendment in the names of various Union Government Institutions, laws, statutes, and other places where the prospect of substitution is possible. From Nehru to Modi, all the successive governments have promoted only the spirit of centralization through the word ‘Central’ and have spurned the principles and the axis of the Constitution of India by running the government from a distant point with a single source. This has resulted in the dilution of the meaning of the word ‘Union’, which is a symbolism of the unity, diversity, integrity, and the communitarian ethics of the nation. This powerfully demonstrates the divisive tendency and the ideology of the various governments elected along the road of 70 years since India attained independence. The Constitution of India is the supreme document and source of strength for the working of the government. No government should be powerful enough to deform the Constitutional spirit in the name of administrative convenience. The currency of any nation is passed to every citizen of that particular country and any word inscription on it carries its own special significance. In India, ‘Guaranteed by the Central Government’ is inscribed on the currency notes. Now, we have two ways to sort out this problem, the use of the words ‘Central Government’ on the currency note. We can adopt the pattern used in the United States; the authenticity of banknotes depends on the guarantee given by government (sovereign) of the State. Every banknote in the United States is printed with the phrase ‘The United States of America’; on the same pattern, we could replace the words ‘Guaranteed by Central Government’ with the words ‘Guaranteed by the Government of India’. The other option is that in the spirit of the Constitution of India, we could replace the words ‘Guaranteed by Central Government’ with ‘Guaranteed by Union Government’. This, in our submission, is the most sensible way to rectify the use of improper and misleading words on Indian currency notes. Footnotes 1 Shakespeare’s play, Romeo and Juliet, Act-II, Scene-II. Juliet’s third speech, sixth line. 2 TK Viswanathan Legislative Drafting-Shaping the Law for the New Millennium (Indian Law Institute New Delhi 2007), 17. 3 Marbury v. Madison (1803) 1 Cranch 137. 4 CAD Vol. XI (Proceedings of Friday, the 25th November 1949) http://parliamentofindia.nic.in/ls/debates/vol11p11.htm (accessed 15 June 2017). 5 http://indiacode.nic.in/coiweb/welcome.html (accessed 9 July 2017). 6 Under the present clause, the President has made the Adaptation of Laws Orders 1950 (Gazette of India, Extraordinary 1950, p. 449, dated 26 January 1950), as amended by Notification No. S.R.O. 115 dated 5 June 1950, Gazette of India, Extraordinary, Part II, S.3, p. 51 followed by several notification thereafter. 7 The Constitution of India, Art. 367. 8 The Government of India (Adaptation of Indian Laws) Order, 1937, http://www.southasiaarchive.com/Content/sarf.146982/228274/026 (accessed 10 July 2017). 9 Adaptation of Laws Orders, Part II (Ministry of Law and Justice, Government of India), 31–32. 10 Ibid at 32. 11 SC Kashyap India’s Federal Structure and Its Strengths (Employment News New Delhi, 12–18 August 2000), 2. 12 The Constitution of India, Art. 1. 13 https://www.merriam-webster.com/dictionary/union (accessed 15 July 2017). 14 CAD Vol. XI (Proceeding of Thursday, the 4th November 1948) http://parliamentofindia.nic.in/ls/debates/vol7p1b.htm (accessed 10 July 2017). 15 Ibid at p1b.htm. 16 Ibid at p1b.htm. 17 CAD Vol. XI (Proceeding of Monday, the 15th November 1948) http://parliamentofindia.nic.in/ls/debates/vol7p6.htm (accessed 10 July 2017). 18 G Austin The Indian Constitution: Cornerstone of a Nation (Oxford University Press New Delhi 1966), 180, 187. 19 Ibid, p. 186. 20 I Jennings Some Characteristics of the Indian Constitution (Oxford University Press Chennai 1953), 55. 21 KR Bombwall The Foundation of Indian Federation (Asia Publishing House London 1967), 27. 22 AIR 1973 SC 1461. 23 MANU/SC/0444/1994. 24 Section 26(2) of RBI Act 1934—‘On recommendation of the central board the central government may by notification in the Gazette of India, declare that, with effect from such date as may be specified in the notification, any series of bank notes of any denomination shall cease to be legal tender’. Similarly, the one rupee notes issued under currency ordinance, 1940 are also legal tender and included the expression rupee coin for all the purposes of the RBI Act, 1934. The coins issued under the authority of section 6 of the Coinage Act, 1906 shall be legal tender. 25 About n 23. 26 Raja Ram Pal v. Hon’ble Speaker, (2007) 3 SCC 184. 27 S Kumar Under Secretary to Government of India, F.No. 3/48/05-Cy.II. (Government of India, Ministry of Finance, Department of Economic Affairs (Cy.II. Section) New Delhi 30 September 2008). © The Author 2017. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Statute Law Review Oxford University Press

The Constitutional Spirit of Word ‘Union’ and the Colonial Hangover of the Word ‘Central’ in the Federal Structure of India

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Abstract

Abstract A constitution is an organic instrument comprising the whole scheme that provides a roadmap for the functioning of a country. The words and phrases used in the Constitution of India are a foundation that provides structure, organization, and framework for the federal structure of India. The focus of this study is to analyse the use of the words ‘Union’ and ‘Central’ in the Constitution of India and the distinctive applications of the two words in other various places of legislative and administrative spheres of the Governance. This research article criticizes the careless attitude of various elected governments towards the use of the two words since the independence of India. This research article also focuses on exploring the contradictory nature of the words ‘Union’ and ‘Central’ and the damage caused by deliberately using the two words interchangeably, which is entirely against the spirit and intent of the Constitution of India. This study also particularly emphasizes the use of the words ‘Guaranteed by Central Government’ in Indian currency notes while taking into account a proper historical perspective of this issue. The study also puts into the picture the unseen effect that the use of the word ‘Central’ has had on the people of India. 1.INTRODUCTION The Constitution is a pronouncement of principles that are inherent in the practices of society, but it is difficult to focus on it. We generally concentrate on the nature and spirit of the Constitution, which is determined by the intention of the original members of the Constituent Assembly. The Constitution is not an ordinary statute made in the ordinary legal procedure. It is an embodiment of higher order, multiple values and an enunciation of aspirations, and it is also a solid stanchion of inspiration and diligence for the generations to come. Thus, the Constitutional power is superior to ordinary legislative power. The Constitution of India specifies mechanisms that regulate and coordinate political powers and rights and that themselves possess specific and predictable properties. The Constitutional intention and spirit is implemented through institutions designed to stabilize beliefs and filter out the quotidian limitations against the broader background of historical time. The grid of Constitutional mechanism and structure in a practical sense spells out new working paths with achievable goals. The written word of the Indian Constitution is a binding norm, which creates the working environment for the political leaders and citizenry. In William Shakespeare’s play, Romeo and Juliet, Juliet says ‘What’s in a name? That which we call a rose by any other name would smell as sweet’.1 From a literary point of view, this may be correct but with respect to statutes of modern days, it is not true. A statute is a formal act of the legislature in written form. It declares the will of the Legislature.2 The words and phrases used in the Constitution and statute have wider significance and cannot be construed according to the restrictive canons of construction. The Constitution is the creation of a constituent act; therefore, the validity and sanctity of the Constitution is much higher than any ordinary statute. The supremacy of the Constitution is undisputed and it cannot be challenged in a court of law.3 All ordinary statutes made by the legislature and all other regulations and institutions that are created within statute should follow the binding normative framework created by the Constitution. The Chairman of the Drafting Committee of Indian Constitution, Dr Bhimrao Ambedkar, in his last speech on 25 November 1949 in Constituent Assembly described the spirit and nature of the Constitution and its direct relation to the working of a Constitution. He said, ‘I feel, however good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However bad a Constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot. The working of a Constitution does not depend wholly upon the nature of the Constitution’.4 Words are the verbal embodiment of our notions and in particular our actions. Successive Governments mostly unknowingly but in some instances of unscrupulousness, knowingly in actions for extending their power, may create a particular situation and notion in the working or application of the Constitution, without having due regard to the intent, the spirit, the principles and the words used in the Constitution itself. The word ‘Union’ and ‘Centre’ signify different perspectives, ideas, and intentions. The word ‘Union’ comprises the whole of a circle, while the word ‘Central’ surely means the point in the middle of it. While studying the federal structure of India, we noticed that the word ‘Central’ has wide applications in the working of the legislative, executive, and administrative domain of India. Even in the currency notes of India, the phrase ‘Guaranteed by the Central Government’ is used. After proper analysis of the historical and the present situations, the writers of this research article conclude that the word ‘Central’ can never be a suitable replacement to the sense and substance that the word ‘Union’ holds. The objective of this research article is to analyse the use of the words ‘Union’ and ‘Central’ in the Constitution of India. The study also analyses whether the word ‘Central’ can act as an equivalent substitute for the word ‘Union’ in different domains and spheres of the government and asks whether expressions such as ‘Central Legislature’, ‘Central Laws’, ‘Central Government’, ‘Central University’, ‘Central Institute’ wholly reflect or satisfy the Constitutional spirit and intent. The debate presented below is focused on comprehending the relevance of the use of the word ‘Central’ in various strata of the Indian System of Governance. This study also particularly focuses on the use of the words ‘Guaranteed by Central Government’ in Indian currency while taking into a proper historical perspective of the same. 2.THE WORDS ‘UNION’ AND ‘CENTRAL’ IN THE CONSTITUTION OF INDIA The function of British government in India was highly centralized and unitary. A strong centralized authority was created by British government for administrative and legislative necessity. The Constitution of India5 came into force on 26 January 1950, and at the time of its commencement, the original draft of the Constitution had the words ‘Union’ or ‘Government of India’ used for different purposes and in different contexts of the administrative, legislative, and judicial wing of Government. The word ‘Union’ is also used in various parts and chapters of the Constitution of India. The word ‘Union’ is used in headings of Parts IV, V, XI, XIV, XVII and other chapters of the Constitution of India. Various phrases and sentences containing the word ‘Union’ have been culled from the various Articles in the Constitution of India. The use of the word ‘Union’ in the Constitution of India, as shown in Table 1 lays down the various principles on which the constitution is created and depicts a complete picture in context with the intention of the Constituent Assembly of India. Table 1 Application of word ‘Union’ as an axis of the Constitution of India 1 Art. 1(1) ‘India, that is Bharat, shall be a Union of States.’ 2 Art. 34 ‘any person in the service of the Union or of a State’ 3 Art. 53(1) ‘The executive power of the Union shall be vested in the President’ 4 Art. 53(2) ‘the supreme command of the Defense Forces of the Union shall be vested in the President’ 5 Art. 58, Explanation ‘President or Vice-President of the Union or the Governor or Rajpramukh or Uparajpramukh of any State or is a Minister either for the Union or for any State’. 6 Art. 72(1) (b) ‘executive power of the Union extends’ 7 Art. 73(1), Marginal notes ‘Extent of executive power of the Union’ 8 Art. 78(1) ‘administration of the affairs of the Union’ 9 Art. 79 ‘There shall be a Parliament for the Union’ 10 Art. 110(f) ‘the audit of the accounts of the Union or of a State’ 11 Art. 146(1) ‘Union Public Service Commission’ 12 Art. 149 and 150 ‘accounts of the Union and of the States’ 13 Art. 191 ‘Minister either for the Union or for such State’ 14 Art. 233(2) ‘A person not already in the service of the Union or of the State’ 15 Art. 246(1) Referred to as the ‘Union List’. 16 Art. 256 and 257 ‘executive power of the Union shall extend to the giving of such directions’ 17 Art. 259(2) ‘the Armed Forces of the Union’ 18 Art. 260, Marginal notes ‘Jurisdiction of the Union in relation to territories outside India’ 19 Art. 261(1) ‘Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.’ 20 Art. 268, Marginal notes ‘Duties levied by the Union’ 21 Art. 270(2) ‘taxes payable in respect of Union emoluments’ 22 Art. 270(3) ‘taxes payable in respect of Union emoluments’ 23 Art. 275(1), Marginal notes ‘Grants from the Union to certain States’ 24 Art. 285(1) ‘The property of the Union’ 25 Art. 289(1) ‘Exemption of property and income of a State from Union taxation the affairs of the Union’ 26 Art. 292 ‘The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India’ 27 Art. 297, Marginal notes ‘Things of value lying within territorial waters to vest in the Union’. 28 Art. 300(1) ‘The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State’ 29 Art. 309 ‘connections with the affairs of the Union or of any State’ 30 Art. 310 ‘civil service of the Union’ 31 Art. 315(1) ‘Public Service Commission for the Union and a Public Service Commission for each State.’ 32 Art. 339, Marginal notes ‘Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes’ 33 Art. 343(1) ‘The official language of the Union shall be Hindi in Devanagari script’ 34 Art. 355 ‘the duty of the Union to protect every State against external aggression’ 1 Art. 1(1) ‘India, that is Bharat, shall be a Union of States.’ 2 Art. 34 ‘any person in the service of the Union or of a State’ 3 Art. 53(1) ‘The executive power of the Union shall be vested in the President’ 4 Art. 53(2) ‘the supreme command of the Defense Forces of the Union shall be vested in the President’ 5 Art. 58, Explanation ‘President or Vice-President of the Union or the Governor or Rajpramukh or Uparajpramukh of any State or is a Minister either for the Union or for any State’. 6 Art. 72(1) (b) ‘executive power of the Union extends’ 7 Art. 73(1), Marginal notes ‘Extent of executive power of the Union’ 8 Art. 78(1) ‘administration of the affairs of the Union’ 9 Art. 79 ‘There shall be a Parliament for the Union’ 10 Art. 110(f) ‘the audit of the accounts of the Union or of a State’ 11 Art. 146(1) ‘Union Public Service Commission’ 12 Art. 149 and 150 ‘accounts of the Union and of the States’ 13 Art. 191 ‘Minister either for the Union or for such State’ 14 Art. 233(2) ‘A person not already in the service of the Union or of the State’ 15 Art. 246(1) Referred to as the ‘Union List’. 16 Art. 256 and 257 ‘executive power of the Union shall extend to the giving of such directions’ 17 Art. 259(2) ‘the Armed Forces of the Union’ 18 Art. 260, Marginal notes ‘Jurisdiction of the Union in relation to territories outside India’ 19 Art. 261(1) ‘Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.’ 20 Art. 268, Marginal notes ‘Duties levied by the Union’ 21 Art. 270(2) ‘taxes payable in respect of Union emoluments’ 22 Art. 270(3) ‘taxes payable in respect of Union emoluments’ 23 Art. 275(1), Marginal notes ‘Grants from the Union to certain States’ 24 Art. 285(1) ‘The property of the Union’ 25 Art. 289(1) ‘Exemption of property and income of a State from Union taxation the affairs of the Union’ 26 Art. 292 ‘The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India’ 27 Art. 297, Marginal notes ‘Things of value lying within territorial waters to vest in the Union’. 28 Art. 300(1) ‘The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State’ 29 Art. 309 ‘connections with the affairs of the Union or of any State’ 30 Art. 310 ‘civil service of the Union’ 31 Art. 315(1) ‘Public Service Commission for the Union and a Public Service Commission for each State.’ 32 Art. 339, Marginal notes ‘Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes’ 33 Art. 343(1) ‘The official language of the Union shall be Hindi in Devanagari script’ 34 Art. 355 ‘the duty of the Union to protect every State against external aggression’ View Large Table 1 Application of word ‘Union’ as an axis of the Constitution of India 1 Art. 1(1) ‘India, that is Bharat, shall be a Union of States.’ 2 Art. 34 ‘any person in the service of the Union or of a State’ 3 Art. 53(1) ‘The executive power of the Union shall be vested in the President’ 4 Art. 53(2) ‘the supreme command of the Defense Forces of the Union shall be vested in the President’ 5 Art. 58, Explanation ‘President or Vice-President of the Union or the Governor or Rajpramukh or Uparajpramukh of any State or is a Minister either for the Union or for any State’. 6 Art. 72(1) (b) ‘executive power of the Union extends’ 7 Art. 73(1), Marginal notes ‘Extent of executive power of the Union’ 8 Art. 78(1) ‘administration of the affairs of the Union’ 9 Art. 79 ‘There shall be a Parliament for the Union’ 10 Art. 110(f) ‘the audit of the accounts of the Union or of a State’ 11 Art. 146(1) ‘Union Public Service Commission’ 12 Art. 149 and 150 ‘accounts of the Union and of the States’ 13 Art. 191 ‘Minister either for the Union or for such State’ 14 Art. 233(2) ‘A person not already in the service of the Union or of the State’ 15 Art. 246(1) Referred to as the ‘Union List’. 16 Art. 256 and 257 ‘executive power of the Union shall extend to the giving of such directions’ 17 Art. 259(2) ‘the Armed Forces of the Union’ 18 Art. 260, Marginal notes ‘Jurisdiction of the Union in relation to territories outside India’ 19 Art. 261(1) ‘Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.’ 20 Art. 268, Marginal notes ‘Duties levied by the Union’ 21 Art. 270(2) ‘taxes payable in respect of Union emoluments’ 22 Art. 270(3) ‘taxes payable in respect of Union emoluments’ 23 Art. 275(1), Marginal notes ‘Grants from the Union to certain States’ 24 Art. 285(1) ‘The property of the Union’ 25 Art. 289(1) ‘Exemption of property and income of a State from Union taxation the affairs of the Union’ 26 Art. 292 ‘The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India’ 27 Art. 297, Marginal notes ‘Things of value lying within territorial waters to vest in the Union’. 28 Art. 300(1) ‘The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State’ 29 Art. 309 ‘connections with the affairs of the Union or of any State’ 30 Art. 310 ‘civil service of the Union’ 31 Art. 315(1) ‘Public Service Commission for the Union and a Public Service Commission for each State.’ 32 Art. 339, Marginal notes ‘Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes’ 33 Art. 343(1) ‘The official language of the Union shall be Hindi in Devanagari script’ 34 Art. 355 ‘the duty of the Union to protect every State against external aggression’ 1 Art. 1(1) ‘India, that is Bharat, shall be a Union of States.’ 2 Art. 34 ‘any person in the service of the Union or of a State’ 3 Art. 53(1) ‘The executive power of the Union shall be vested in the President’ 4 Art. 53(2) ‘the supreme command of the Defense Forces of the Union shall be vested in the President’ 5 Art. 58, Explanation ‘President or Vice-President of the Union or the Governor or Rajpramukh or Uparajpramukh of any State or is a Minister either for the Union or for any State’. 6 Art. 72(1) (b) ‘executive power of the Union extends’ 7 Art. 73(1), Marginal notes ‘Extent of executive power of the Union’ 8 Art. 78(1) ‘administration of the affairs of the Union’ 9 Art. 79 ‘There shall be a Parliament for the Union’ 10 Art. 110(f) ‘the audit of the accounts of the Union or of a State’ 11 Art. 146(1) ‘Union Public Service Commission’ 12 Art. 149 and 150 ‘accounts of the Union and of the States’ 13 Art. 191 ‘Minister either for the Union or for such State’ 14 Art. 233(2) ‘A person not already in the service of the Union or of the State’ 15 Art. 246(1) Referred to as the ‘Union List’. 16 Art. 256 and 257 ‘executive power of the Union shall extend to the giving of such directions’ 17 Art. 259(2) ‘the Armed Forces of the Union’ 18 Art. 260, Marginal notes ‘Jurisdiction of the Union in relation to territories outside India’ 19 Art. 261(1) ‘Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.’ 20 Art. 268, Marginal notes ‘Duties levied by the Union’ 21 Art. 270(2) ‘taxes payable in respect of Union emoluments’ 22 Art. 270(3) ‘taxes payable in respect of Union emoluments’ 23 Art. 275(1), Marginal notes ‘Grants from the Union to certain States’ 24 Art. 285(1) ‘The property of the Union’ 25 Art. 289(1) ‘Exemption of property and income of a State from Union taxation the affairs of the Union’ 26 Art. 292 ‘The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India’ 27 Art. 297, Marginal notes ‘Things of value lying within territorial waters to vest in the Union’. 28 Art. 300(1) ‘The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State’ 29 Art. 309 ‘connections with the affairs of the Union or of any State’ 30 Art. 310 ‘civil service of the Union’ 31 Art. 315(1) ‘Public Service Commission for the Union and a Public Service Commission for each State.’ 32 Art. 339, Marginal notes ‘Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes’ 33 Art. 343(1) ‘The official language of the Union shall be Hindi in Devanagari script’ 34 Art. 355 ‘the duty of the Union to protect every State against external aggression’ View Large We can say from these instances that the word ‘Union’ has found a widespread usage in the Constitution of India for all administrative, executive, financial, commercial, judicial, and legislative purposes. Either the word ‘Union’ has been used or the word ‘States’ has been used for the subordinate units of the ‘Union’. Thus, the Founding Fathers of the Constitution of India deliberately used the word ‘Union’ to describe the executive, legislative, and administrative governance in India. In no way can any other word replace the wide spectrum of the domain covered by the word ‘Union’ in Constitutional governance and so it is an axis of the Constitution of India (Table 1). The Republic of India is represented by the phrase ‘Government of India’ in various provisions of the Constitution of India such as Art. 8, 12, 58(2), 66(4), 73(1)(b), 76(2), 77(1), 77(3), explanation of 102(1), 112(1), 112(2)e, 131(a), 138(2), 148(4), 191(1)a and its explanation, 266(1), 284, 293(2), 295(1)(b), 296, 300, 312(A)(1)(a), 317(4), 319, 320, 361, and 361(B). The Union of India or Government of a State is treated as juristic person that may sue or be sued. Art. 300(1) classifies the words ‘Government of India’ and ‘Union of India’. Thus, the Government of India is not a legal entity; the Union of India is legal entity, a sovereign body that possesses rights and obligation. The word ‘Central’ or ‘Central government’ was not used in the Constitution of India even in a single place at the time of commencement of the Constitution of India. In the updated and amended version of the Constitution of India published on 9 November 2015, the word ‘Central’ was used on nine occasions in the main text of the Constitution of India and on the expression ‘Central Acts’ also occurs on 34 occasions in the IX Schedule of the Constitution of India, which was created for saving the Union and State laws from Judicial review. The references to these instances of use of the expressions ‘central laws’, ‘central Act’, ‘central government’, and ‘central university’ in the main text of the Constitution of India are given in Table 2. Table 2 The list of the words ‘Central Laws’, ‘Central Act’, ‘Central Government’ and ‘Central University’ inserted by Amendment in the Constitution of India S. N. Article Inserted by Amendment Act number Text of Amendment 1 131-A The Constitution (Forty-second Amendment) Act, 1976, section 23 (w.e.f. 1-2-1977) and Rep. by the Constitution (Forty-third Amendment) Act, 1977, section 4 (w.e.f. 13-4-1978). Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws. 2 266-A The 42nd Amendment Act, 1976 and Rep. by the Constitution (Forty-third Amendment) Act, 1977, section 8 (w.e.f. 13-4-1978). Constitutional validity of Central laws not to be considered in proceedings under Art. 226. 3 371E (Marginal notes) 36th Amendment Act (1975). The University of Andhra Pradesh is deemed as a ‘Central University’. 4 371G 53rd Amendment Act (1986). Provided that nothing in this clause shall apply to any Central Act in force in the Union Territory of Mizoram immediately before the commencement of the Constitution (Fifty-third Amendment) Act, 1986. 5 394A(1)(a) 53rd Amendment Act (1986). The translation of this Constitution in the Hindi language, signed by the members of the Constituent Assembly, with such modifications as may be necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of Central Acts in the Hindi language, and incorporating therein all the amendments of this Constitution made before such publication. 6 243ZH 97th Amendment Act (2011). ‘Registrar’ means the Central Registrar appointed by the ‘Central Government’ in relation to the multi-state co-operative societies. The elected Government is described as ‘Central Government’. 7 243ZR 97th Amendment Act (2011). The provisions of this part shall apply to the multi- state co-operative societies subject to the modification that any reference to ‘Legislature of a State’, ‘State Act’ or ‘State Government’ shall be construed as a reference to ‘Parliament’, ‘Central Act’ or ‘the Central Government’, respectively. S. N. Article Inserted by Amendment Act number Text of Amendment 1 131-A The Constitution (Forty-second Amendment) Act, 1976, section 23 (w.e.f. 1-2-1977) and Rep. by the Constitution (Forty-third Amendment) Act, 1977, section 4 (w.e.f. 13-4-1978). Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws. 2 266-A The 42nd Amendment Act, 1976 and Rep. by the Constitution (Forty-third Amendment) Act, 1977, section 8 (w.e.f. 13-4-1978). Constitutional validity of Central laws not to be considered in proceedings under Art. 226. 3 371E (Marginal notes) 36th Amendment Act (1975). The University of Andhra Pradesh is deemed as a ‘Central University’. 4 371G 53rd Amendment Act (1986). Provided that nothing in this clause shall apply to any Central Act in force in the Union Territory of Mizoram immediately before the commencement of the Constitution (Fifty-third Amendment) Act, 1986. 5 394A(1)(a) 53rd Amendment Act (1986). The translation of this Constitution in the Hindi language, signed by the members of the Constituent Assembly, with such modifications as may be necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of Central Acts in the Hindi language, and incorporating therein all the amendments of this Constitution made before such publication. 6 243ZH 97th Amendment Act (2011). ‘Registrar’ means the Central Registrar appointed by the ‘Central Government’ in relation to the multi-state co-operative societies. The elected Government is described as ‘Central Government’. 7 243ZR 97th Amendment Act (2011). The provisions of this part shall apply to the multi- state co-operative societies subject to the modification that any reference to ‘Legislature of a State’, ‘State Act’ or ‘State Government’ shall be construed as a reference to ‘Parliament’, ‘Central Act’ or ‘the Central Government’, respectively. View Large Table 2 The list of the words ‘Central Laws’, ‘Central Act’, ‘Central Government’ and ‘Central University’ inserted by Amendment in the Constitution of India S. N. Article Inserted by Amendment Act number Text of Amendment 1 131-A The Constitution (Forty-second Amendment) Act, 1976, section 23 (w.e.f. 1-2-1977) and Rep. by the Constitution (Forty-third Amendment) Act, 1977, section 4 (w.e.f. 13-4-1978). Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws. 2 266-A The 42nd Amendment Act, 1976 and Rep. by the Constitution (Forty-third Amendment) Act, 1977, section 8 (w.e.f. 13-4-1978). Constitutional validity of Central laws not to be considered in proceedings under Art. 226. 3 371E (Marginal notes) 36th Amendment Act (1975). The University of Andhra Pradesh is deemed as a ‘Central University’. 4 371G 53rd Amendment Act (1986). Provided that nothing in this clause shall apply to any Central Act in force in the Union Territory of Mizoram immediately before the commencement of the Constitution (Fifty-third Amendment) Act, 1986. 5 394A(1)(a) 53rd Amendment Act (1986). The translation of this Constitution in the Hindi language, signed by the members of the Constituent Assembly, with such modifications as may be necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of Central Acts in the Hindi language, and incorporating therein all the amendments of this Constitution made before such publication. 6 243ZH 97th Amendment Act (2011). ‘Registrar’ means the Central Registrar appointed by the ‘Central Government’ in relation to the multi-state co-operative societies. The elected Government is described as ‘Central Government’. 7 243ZR 97th Amendment Act (2011). The provisions of this part shall apply to the multi- state co-operative societies subject to the modification that any reference to ‘Legislature of a State’, ‘State Act’ or ‘State Government’ shall be construed as a reference to ‘Parliament’, ‘Central Act’ or ‘the Central Government’, respectively. S. N. Article Inserted by Amendment Act number Text of Amendment 1 131-A The Constitution (Forty-second Amendment) Act, 1976, section 23 (w.e.f. 1-2-1977) and Rep. by the Constitution (Forty-third Amendment) Act, 1977, section 4 (w.e.f. 13-4-1978). Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws. 2 266-A The 42nd Amendment Act, 1976 and Rep. by the Constitution (Forty-third Amendment) Act, 1977, section 8 (w.e.f. 13-4-1978). Constitutional validity of Central laws not to be considered in proceedings under Art. 226. 3 371E (Marginal notes) 36th Amendment Act (1975). The University of Andhra Pradesh is deemed as a ‘Central University’. 4 371G 53rd Amendment Act (1986). Provided that nothing in this clause shall apply to any Central Act in force in the Union Territory of Mizoram immediately before the commencement of the Constitution (Fifty-third Amendment) Act, 1986. 5 394A(1)(a) 53rd Amendment Act (1986). The translation of this Constitution in the Hindi language, signed by the members of the Constituent Assembly, with such modifications as may be necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of Central Acts in the Hindi language, and incorporating therein all the amendments of this Constitution made before such publication. 6 243ZH 97th Amendment Act (2011). ‘Registrar’ means the Central Registrar appointed by the ‘Central Government’ in relation to the multi-state co-operative societies. The elected Government is described as ‘Central Government’. 7 243ZR 97th Amendment Act (2011). The provisions of this part shall apply to the multi- state co-operative societies subject to the modification that any reference to ‘Legislature of a State’, ‘State Act’ or ‘State Government’ shall be construed as a reference to ‘Parliament’, ‘Central Act’ or ‘the Central Government’, respectively. View Large Table 2 demonstrates that the word ‘Central’ inserted in the Constitution of India was for ancillary purposes and had no substantial value in regard to the legislative, administrative, and federal character of India. It was only inserted for the purpose of delimiting the Constitutional validity of Statutes. Now in India, the word ‘Central’ is popularly used in the social, political, economic, and administrative domain in Governmental machinery as well as colloquially by the populace. The original draft of the Indian Constitution never contained the word ‘Central’, but due to a kind of ‘Colonial Hangover’, the incoming governments were forced to neglect the Constitutional intent and spirit and pave the way to continue the colonial legacy of the Governmental System of the British Raj. Thus, the original Constitutional spirit never materialized in the real world. The result was that the use of the word ‘Central’ has now become widespread as it occurs in various ways in all spheres of the Indian legal and governmental system, and indeed everywhere else within the administrative, legislative, and regulatory spheres owing to the successive ‘ruling parties’ unconsidered tendencies to promote centralization of the system at a single point. The word ‘Central’ is also used to denote the properties, institutions, laws, and administrative and regulatory functions owned by the Union and the State Governments. 3.DERIVATION OF THE USE OF THE EXPRESSION ‘CENTRAL GOVERNMENT’, ‘CENTRAL ACT’, AND ‘CENTRAL UNIVERSITY’ IN INDIA The power of adaptation and modification of law into accord with the provisions of the Constitution was given to the President of India for a limited period (that is for two years in the first instance and then enhanced to three years by the Constitution First Amendment Act 1951), from the commencement of the Constitution on, 26 January 1950, as an interim provision. In exercise of the power conferred upon the President by this provision, some Adaptation of Laws Orders were made by him.6 At this time in 1950, it was perceived to be an essential duty of the Government of India to conscientiously adopt the nomenclatures and contents of colonial Acts and statute laws in accordance with the Constitutional spirit. The intent was that there should be widespread use of the word ‘Union’ and corresponding modification of existing content (as, for example, ‘Central Act’ to ‘Union Act’, ‘Central Government’ to ‘Union Government’ and ‘Central laws’ to ‘Union Laws’, thus removing any taint of the colonial legacy which might be caused by retaining the nomenclature of the British regime. However, the pattern of use of word ‘Central’ was not fully replaced with the word ‘Union’, and so the colonial legacy reflecting the same mindset has continued for the past 67 years. Nowhere, in the Constitution of India, the words ‘Central Government’, ‘Central Act’, and ‘Central law’ are defined or used as such. The General Clauses Act, 1897 is applied to the interpretation of the Constitution of India as it applies to the interpretation of an Act of the legislature of the Dominion of India subject to any adaptations and modifications that may be made therein under Article 372.7 The Government of India (Adaptation of Indian Laws) Order,8 1937, substituted the expressions ‘Central Government’ in all Indian Laws for the expressions ‘Governor-General of India in Council’, ‘Governor General of India’, ‘Governor-General in Council’, and ‘Governor-General and Government of India’. The Adaptations order9 of 1950, preferred to retain the expression ‘Central Government’ in The General Clauses Act, 1897 with the additional glass in section 3 that ‘in relation to anything done or to be done after the commencement of the Constitution’ it means ‘the President’. This insertion, as section 3 (8), in the General Clauses Act, 1897 paved the way to continue the colonial legacy, and the necessary required amendments (according to the intent and spirit of Constitution) to substitute ‘Union Government’ or ‘Government of India’ as per the provisions of Articles 53 and 77 of the Constitution of India (Table 1) never took place. Probably, the logic of retaining the word ‘Central Government’ is more readily understood in the light of this expression having been in constant informal use. The definition of ‘Central Act’ was inserted by the Adaptation of Laws Order 1950,10 in the General Clauses Act, 1897. The purpose of this insertion was to give a list of the lawmaking authorities in the Indian Statute Book, ante, for the laws enacted both before and after the commencement of the Constitution. The definition is intended to cover all Acts passed by the authority of Parliament, and Acts of the Dominion Legislature passed between the 15 August 1947 and the 26 January 1950 or Colonial laws creating authorities such as Governor General in Council or the Governor General classifying each as a ‘Central Act’. In such a way, all the Acts passed pre- and post-independence era of India except those of the provincial domain are known as ‘Central Act’. By means of the General Clauses Act and Adaptation of Laws Order, 1950, the word ‘Central’ gained entry by means of the expressions ‘Central Act’, ‘Central Government’, and ‘Central laws’ into the Constitution of India, via the route of amendments. Table 2 shows that the word ‘Central’ was inserted in the actual text of the Constitution of India for the first time by the Forty-second Amendment Act 1976 and in the ninth schedule in 1951. Since then, this has happened continuously, due to the fact that necessary adoption and modification was not been done in 1950 in accordance with the Constitutional intent and spirit of widespread application of the principles in which the word ‘Union’ exhibited. The Central Universities Act 2009 came into force on 15 January 2009 and created central universities in 15 states of India. The Act did not define the words ‘Central University’. Section 6(2)(i) provides that admission of students and recruitment of faculty shall be made on all-India basis and section 6(2)(ii) provides admissions of students shall be made on merit, either through common entrance tests conducted by the university or in combination with other universities. The other old Central University statute also contains provisions relating to admission and recruitment of all-India bases. Universities created by the fund of the ‘Union’ are operating under the name of ‘Central’, but are functioning in and for the whole ‘Union of India’. The correct name of the so-called ‘Central University’ should be the ‘Union University’, and necessary amendments are required to achieve the same. 4.THE CONCEPTS UNDERLYING THE WORDS ‘CENTRAL’ AND ‘UNION’ IN THE FEDERAL STRUCTURE OF INDIA The words ‘Centre’ and ‘Union’ create very different images and connote different concepts. The centre is a point in the middle of a circle, while union is the whole circle. The relationship between the ‘Union’ and the ‘States’ is that between the whole and the part and not between the centre of authority and its peripheries. Incidentally, in the field of federal–state relations, it needs to be specially stressed that a great deal of damage has been caused as a result of the wrong use of the terms centre–state relation, central Act, central legislature, central laws etc. These are an unfortunate hangover from the days of the centralized government during the colonial rule.11 The word ‘Central’ creates an environment permeated by the notion that governmental machinery of ‘Union’ is running from a distant point with a single source. The Republic of India is described as a Union in the very first provision of the Constitution: clause 1 of Article (1) lays down that ‘India that is Bharat, shall be a Union of States’.12 The word ‘Union’ is defined as an entity created by the act or instance of uniting or joining of two or more things into one, such as the formation of a single political unit from two or more separate and independent units which were previously governed separately and which have surrendered or delegated their principal powers to the government of the whole or to a newly created government.13 The chairman of the Drafting Committee of the Constitution, Dr B. R. Ambedkar, furnishes reflections on the use of word ‘Union’ in Constitution of India. Dr Ambedkar after providing an illustration from Canadian and South African Constitutions said that I do not know why the word ‘Union’ was used in the other Constitutions of the world. He rationalized the use of word ‘Union’ and clarified the intention of the Drafting Committee of Constituent Assembly and said14: …what is important is that the use of the word ‘Union’ is deliberate…The Federation is a Union because it is indestructible. Though the country and the people may be divided into different States for convenience of administration the country is one integral whole, its people a single people living under a single imperium derived from a single source. Dr Ambedkar added that rigidity and legalism were the two serious weakness of federalism.15 The Indian system was unique in as much as it created a dual polity with a single Indian citizenship and it can be unitary as well as federal according to the requirement of time and circumstances. The amending procedure is not rigid, but there is considerable uniformity of laws and judicial procedure, one unified judiciary and common All India Services. The Indian system has added new ways of overcoming the rigidity and legalism inherent in federalism which are special to it and which are not to be found elsewhere.16 Mahboob Ali Baig Sahib Bahadur17 in the Constituent Assembly did not agree with the justification of Dr B. R. Ambedkar and exhibited apprehension regarding the vagueness of the word ‘Union’. He queried why we should not use the correct word ‘Federation’, and whether, on the other hand, the word ‘Union’ was used with a purpose such that in the course of time, this federal form of government might be converted into a unitary form of government. In such a case, it is for the House to use the correct word so that it may be difficult in future for any power-seeking party that may come into authority easily to convert this into a unitary form of government. So, he argued, it is for the House to use the correct word ‘Federation’ instead of the word ‘Union’. After the partition of India, Drafting Committee of the Constituent Assembly described India as a ‘Union’. The founding fathers of the Indian Constitution did not use the word ‘federation’ and preferred to call it a ‘Union of States’ because they wanted to have a strong Government of India that could preserve the integrity and stability of the country. A powerful and strong ‘Union Government’ that was fully equipped with sufficient resource and authority could deal with the problems of this vast country and its multilayered, multi-structured, and fragmented society at a considerable pace. The Constitution of India is much more complicated, detailed, and legalistic than other federal Constitutions. The Indian Constitution is designed to settle many details such as distribution of legislative, administrative, and financial powers between Union and State government. In India, the ‘Union’ and its unit States have a clear division of subjects and power, but they are mutually interdependent, and Granville Austin18 prefers to call Indian federalism as ‘Co-operative federalism’. India is a ‘Union’ or a composite State of a novel type.19 It enshrines the principle that ‘in spite of federalism, the national interest ought to be paramount’.20 As a form of political organization, federalism has nowhere been adopted on the theoretical grounds of its real or hypothetical virtues. Rather it has always emerged as a product of compromise and expediency and the driving forces behind it have invariably been the history, circumstances, and problems of the country adopting it.21 The observation of this phenomenon is appositely true of the Indian Constitution. In Keshavanand Bharti v. State of Kerala,22 some of the judges of the Supreme Court regarded the federal character of the Indian Constitution as an essential or basic feature of the Constitution. Further in S.R. Bommai and others v. Union of India and others,23 nine judges of the Constitutional bench held that the democracy and federalism are the essential features of our Constitution and are part of its basic structure. External sovereignty is not relevant to the federal nature of a Constitution, for such sovereignty must belong to the country as a whole. But the division of internal sovereignty by a distribution of legislative powers is an essential feature of federalism, and our Constitution possesses that feature. The end aim of essential character of the Indian federalism is to place the nation as a whole under control of a National Government, while the states are allowed to exercise their sovereign power within its legislative and co-extensive, executive, and administrative sphere. Theoretically, if we look from some angles, the aforesaid description of federalism is found to be true, but if we actually apply the principles of it in the Working of the Constitution, then we will find that the notion embodied by the words ‘Union’ or ‘composite State of a novel type’ has not taken its full, unified shape that promotes the philosophy of ‘Unity and Integrity’. In the federal sphere, some formal changes have taken place through amendments in the Constitution and also in legislation with insertion of words in General Clauses Act 1897. Informal changes have also taken place, like setting up and establishing extra Constitutional bodies such as the Planning Commission (now known as Niti Ayog), National Development Council, National Advisory Council, and many other such institutions and bodies that have emerged as forms of super-governmental power. These formal and informal changes that have taken place after commencement of the Constitution of India are used in acquiring power and both reflect and promote a strong centralizing tendency. Unfortunately, the fears of Mahboob Ali Baig Sahib Bahadur became true, and the pattern of increased centralization in working of the Constitution was found from the Nehruvian era to that of Indira to the present Modi era in a steady geometric progression, which has changed the mindset of the citizens of India. It has been 70 years since India attained independence, yet a major portion of the Indian legal system is presently sustained on the Colonial legacy of the accumulation of powers and creates a strong central conglomeration of institution giving a message to the populace that the whole system of democratic, social, and political life is created to run on just a single dominant point. At present, the Prime Ministers’ Office (PMO) in particular has become a nodal point in policy-making, political appointments, and the overall functioning of the nation, even; it might be said, to the point of ignoring and spurning the democratic and Union basis on which the country was formed. The PMO, therefore, technically possesses a lot of power, which has resulted in the corresponding decline in the power of the council of ministers of the Union Government. Recently, the demonetization of currency notes is a prominent illustration of this. Even the Cabinet Ministers were officially made aware of the decision only a matter of hours before the initiative speech of the Prime Minister. The tendency of running the whole government from a single point, as in the case of the PMO, has diluted the federal structure of India as the world’s largest democracy. Names, not only of nations and citizens but of social, political, and other institutions, acquire almost everlasting identity, and any change in them becomes a change in the concept as a whole. In the field of ‘Union–State’ relations, a great deal of damage has been caused as a result of the wrong use of the terms ‘Centre–State’. 5.THE APPLICATION OF THE EXPRESSION ‘CENTRAL GOVERNMENT’ IN INDIAN CURRENCY In modern technological times and complex business relations, money in the form of currency plays a key role in performing various acts of everyday lifestyle. The history of currency can be traced back in India to the mid-19th century when the Scotsman James Wilson was appointed as a Financial Member in the Indian colonial government in 1859 to curtail the deficits arising from the Sepoy Rebellion of 1857–58. The Paper Currency Act of 1861(Act 19 of 1861), made on the proposal of Wilson, was enforced from 1 March 1862 creating a monopoly of the colonial government in issuing currency notes. It continued to issue currency notes until the Reserve Bank of India (RBI) assumed responsibility on 1 April 1935. The bank was authorized to the make and issue banknotes subject to the provisions of the RBI Act. Section 25 of the RBI Act says about the form of banknotes: ‘The design, form and material of banknotes shall be such as may be approved by the Central Government after consideration of the recommendations made by the central board’. Every banknote issued by RBI (2, 5, 10, 20, 50, 100, 500, 1000, and 2000) shall be legal tender at any place of India for payment or on account for the amount expressed therein and shall be guaranteed by the Central Government.24 The authenticity of a banknote depends on guarantee given by the Government (Sovereign) of the State. In India, section 26 of RBI Act says that every banknote issued by RBI shall be legal tender at any place in India for payment or on account for the amount expressed therein and shall be ‘Guaranteed by the Central Government’ subject to provisions of section 26(2) of RBI Act, 1934. On every note issued by RBI at the apex, the phrase ‘Guaranteed by the Central Government’ in English and in Hindi is inscribed. The authenticity of the banknotes depends on the guarantor known as ‘Central Government’ (). The phrase ‘Guaranteed by the central government.’ is misleading and confusing and does not fulfil the spirit and intent of the founding fathers of the Constitution of India. India has a federal form of government; it is now declared that federalism is an essential feature of the ‘Constitution’.25 It is an indestructible union of destructive unit.26 The foregoing discussion of the words ‘Central’ and ‘Union’ shows that ‘Guaranteed by the Central Government’ is not an appropriate phrase to be used in Indian Currency. One of the authors wrote a letter of memorandum to the President of India regarding erroneous inclusion of the phrase ‘Guaranteed by the Central Government’ on Indian paper currency and suggested replacement of the words ‘Central Government’ with the words ‘Union Government or Government of India’. The office of the President of India sent an acknowledgement and forwarded the letter to the Ministry of Finance, Government of India. The Ministry of Finance had sought the opinion of the Ministry of Law in this regard and under Secretary, Department of Economic Affairs, Government of India, responded to the author as follows: Ministry of Law has concluded that usage of the words ‘Guaranteed by Central Government’ on the currency notes is nothing but a Guarantee given by the Union Government and the same was used only for administrative Convenience, to avoid ambiguity and as per the Government of India (Allocation of the Business) Rules, 1961. It is legally not correct to say that usage of the phrase ‘Guaranteed by the Central Government’ on our currency note is incorrect. Therefore there appears to be no legal necessity to replace the words ‘Central Government’ with the words ‘Union Government or Government of India’ as suggested in your representation.27 In the interpretation of statutes and other legal documents, the commas, hyphens, and full stops are capable of changing the meaning of legal sentences. Yet here, two whole words are used as if they make no difference to the meaning; the learned Ministry of Finance stated that a guarantee given by ‘Central Government’ on the banknotes is the same as a guarantee given by ‘Union Government’. The Ministry relies for support for its stand on the illegitimate ground of ‘administrative convenience’ for the purpose of avoiding ambiguity, while appearing unaware of the ambiguity due to the antecedents of the colonial legacy, technically continued due to the wrong words being substituted in the definition clause (section 3) of the General Clauses Act, 1897 by the Adaptation of Laws Order, 1950 discussed above. The Government of India officers cannot understand the notion and spirit of the Constitution; they have not given any proper justification and they are running the Government in the name of ‘Administrative Convenience’. Even after the demonetization that was done in November 2016, the Union Government has not amended the same expression in the General Clauses Act, 1897 and RBI Act 1934 on the new paper currency. For the use of the word ‘Central Government’, the Ministry refers to the Government of India (Allocation of the Business) Rules, 1961 ‘to avoid ambiguity and administrative Convenience’. When we searched the Allocation of the Business Rules, we find the frequency of ‘Central Government’ words occurring 44 times, and in the same rules, the words ‘Union Government’ occur three times in different places: in the second Schedule (Rule 3) (distribution of subjects among the departments, department of expenditure) Para 6(b) ‘cash balance of Union Government with Reserve Bank’; in the same provisions Para 6(d) ‘disbursements for the purpose of the Union Government’; and in department of States Para 7(a)(i) ‘All matters falling within the purview of the Union Government’ are used. The aforesaid discussion shows that Allocation of the Business Rules, 1961 contain both type of words ‘Central Government’ and ‘Union Government’ and are thus themselves ambiguous. Any statute that contains in itself ambiguous words cannot remove ambiguity, as is the case in the aforementioned ‘Allocation of the Business Rules, 1961’. The Government of India Account Rules, 1990 also contains the same kind of ambiguity, using the expression ‘Central Government’ 94 times and the expression ‘Union Government’ five times, in the same statute. 6.CONCLUSIONS This study reveals that the word ‘Union’ is the axis of the Constitution of India and in place of ‘Central’, only the use and application of the word ‘Union’ can fulfil the constitutional norm and spirit of the Constitution of India. The words ‘Central Government’ and ‘Central Act’ and similar expressions are not capable of taking the rightful place of the word ‘Union’ in the administrative, legislative, executive, political, judicial, and economic domain of India in the name of administrative convenience. The notion and spirit of the words ‘Union’ and ‘Central’ are different. The word ‘Central’ is an unfortunate hangover from the days of centralized government during colonial rule. The use of both the expression, ‘Union Government’ and ‘Central Government’, in legislative domain creates ambiguity by preserving antecedents of the colonial legacy, which has been technically continued due to the substitution of the wrong words in the definition clause (section 3) of the General Clauses Act, 1897 by the Adaptation of Laws Order, 1950. The overall result has been that all the laws enacted by the Parliament are known by the term ‘Central Act’ and the common populace of India knows only the words ‘Central Government’ instead of the words ‘Union Government’. The Indian populace regrettably is not accustomed to the word ‘Union’, which is largely due to the Government’s indifferent attitude. This has heavily affected the nomenclature of Federal/Union Institutions as all of them are officially named as being ‘Central’. While the word ‘Union’ is in a sense synonymous with the word ‘federal’, the word ‘Central’ is a complete misfit in describing the federal structure of India. This article, therefore, proposes an amendment in the names of various Union Government Institutions, laws, statutes, and other places where the prospect of substitution is possible. From Nehru to Modi, all the successive governments have promoted only the spirit of centralization through the word ‘Central’ and have spurned the principles and the axis of the Constitution of India by running the government from a distant point with a single source. This has resulted in the dilution of the meaning of the word ‘Union’, which is a symbolism of the unity, diversity, integrity, and the communitarian ethics of the nation. This powerfully demonstrates the divisive tendency and the ideology of the various governments elected along the road of 70 years since India attained independence. The Constitution of India is the supreme document and source of strength for the working of the government. No government should be powerful enough to deform the Constitutional spirit in the name of administrative convenience. The currency of any nation is passed to every citizen of that particular country and any word inscription on it carries its own special significance. In India, ‘Guaranteed by the Central Government’ is inscribed on the currency notes. Now, we have two ways to sort out this problem, the use of the words ‘Central Government’ on the currency note. We can adopt the pattern used in the United States; the authenticity of banknotes depends on the guarantee given by government (sovereign) of the State. Every banknote in the United States is printed with the phrase ‘The United States of America’; on the same pattern, we could replace the words ‘Guaranteed by Central Government’ with the words ‘Guaranteed by the Government of India’. The other option is that in the spirit of the Constitution of India, we could replace the words ‘Guaranteed by Central Government’ with ‘Guaranteed by Union Government’. This, in our submission, is the most sensible way to rectify the use of improper and misleading words on Indian currency notes. Footnotes 1 Shakespeare’s play, Romeo and Juliet, Act-II, Scene-II. Juliet’s third speech, sixth line. 2 TK Viswanathan Legislative Drafting-Shaping the Law for the New Millennium (Indian Law Institute New Delhi 2007), 17. 3 Marbury v. Madison (1803) 1 Cranch 137. 4 CAD Vol. XI (Proceedings of Friday, the 25th November 1949) http://parliamentofindia.nic.in/ls/debates/vol11p11.htm (accessed 15 June 2017). 5 http://indiacode.nic.in/coiweb/welcome.html (accessed 9 July 2017). 6 Under the present clause, the President has made the Adaptation of Laws Orders 1950 (Gazette of India, Extraordinary 1950, p. 449, dated 26 January 1950), as amended by Notification No. S.R.O. 115 dated 5 June 1950, Gazette of India, Extraordinary, Part II, S.3, p. 51 followed by several notification thereafter. 7 The Constitution of India, Art. 367. 8 The Government of India (Adaptation of Indian Laws) Order, 1937, http://www.southasiaarchive.com/Content/sarf.146982/228274/026 (accessed 10 July 2017). 9 Adaptation of Laws Orders, Part II (Ministry of Law and Justice, Government of India), 31–32. 10 Ibid at 32. 11 SC Kashyap India’s Federal Structure and Its Strengths (Employment News New Delhi, 12–18 August 2000), 2. 12 The Constitution of India, Art. 1. 13 https://www.merriam-webster.com/dictionary/union (accessed 15 July 2017). 14 CAD Vol. XI (Proceeding of Thursday, the 4th November 1948) http://parliamentofindia.nic.in/ls/debates/vol7p1b.htm (accessed 10 July 2017). 15 Ibid at p1b.htm. 16 Ibid at p1b.htm. 17 CAD Vol. XI (Proceeding of Monday, the 15th November 1948) http://parliamentofindia.nic.in/ls/debates/vol7p6.htm (accessed 10 July 2017). 18 G Austin The Indian Constitution: Cornerstone of a Nation (Oxford University Press New Delhi 1966), 180, 187. 19 Ibid, p. 186. 20 I Jennings Some Characteristics of the Indian Constitution (Oxford University Press Chennai 1953), 55. 21 KR Bombwall The Foundation of Indian Federation (Asia Publishing House London 1967), 27. 22 AIR 1973 SC 1461. 23 MANU/SC/0444/1994. 24 Section 26(2) of RBI Act 1934—‘On recommendation of the central board the central government may by notification in the Gazette of India, declare that, with effect from such date as may be specified in the notification, any series of bank notes of any denomination shall cease to be legal tender’. Similarly, the one rupee notes issued under currency ordinance, 1940 are also legal tender and included the expression rupee coin for all the purposes of the RBI Act, 1934. The coins issued under the authority of section 6 of the Coinage Act, 1906 shall be legal tender. 25 About n 23. 26 Raja Ram Pal v. Hon’ble Speaker, (2007) 3 SCC 184. 27 S Kumar Under Secretary to Government of India, F.No. 3/48/05-Cy.II. (Government of India, Ministry of Finance, Department of Economic Affairs (Cy.II. Section) New Delhi 30 September 2008). © The Author 2017. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

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Statute Law ReviewOxford University Press

Published: Nov 22, 2017

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