The plea filed by an 84-year-old social activist, Atmaram Saraogi said that under the Constitution, India is a “Union of States” and there cannot be any conceptualisation of a ‘Central Government’ as it existed under the British Raj.
The plea, filed through advocate Hemant Raj Phalpher and argued by Senior Advocate Gopal Sankarananrayanan, also sought striking down the definition of Central government as defined in the General Clauses Act as being ultra vires of the constitution.
“Article 1 of the Constitution of India used the words ‘The Union and its Territory’ and states that “India, that is Bharat, shall be a Union of States”. Interestingly, the terms ‘Centre’ or ‘Central Government’ have consciously not been used in any of the 395 articles divided in 22 parts and/or in eight schedules of the Constitution of India,” the plea stated.
The first references to ‘Centre’ or ‘Central Government’ happen only in amendments made from 2012 onwards, the Court was told.
Source: Barandbench
