In the first place, I would explain the reason why the Article has been put in making it the duty of the Union “to maintain the Constitution.” The primary thing concerning the nation and the Union Government is ‘to maintain the Constitution’. If the import of that expression is fully realised, it will be noticed that there cannot be any, intention to interfere with the provincial constitution, because the provincial constitution is a part of the Constitution of the Union. Therefore, it is the duty of the Union Government to protect against external aggression, internal disturbance and domestic chaos and to see that the Constitution is worked in a proper manner both in the State and in the Union. If the Constitution is worked in a proper manner in the provinces or in the States, that is, if responsible government as contemplated by the Constitution functions properly, the Union will not and cannot interfere. The protagonists of provincial or State autonomy will realise that, apart from being an impediment to the growth of healthy provincial or State autonomy, this provision is a bulkwark in favour of provincial or State autonomy, because the primary obligation is cast upon the Union to see that the Constitution is maintained. Such a provision is by no means a novel provision. Even in the typical federal constitution of the United States where, State sovereignty is recognised more than in any other federation, you will find a provision therein to the effect that it is the duty of Union or the Central Government to see that the State is protected both as against domestic violence and external aggression. In putting in that Article, we are merely following the example of the classical or model federation of America. Then again, there is a similar provision in section 60 of the Australian Commonwealth Constitution to the effect that it is the duty of the executive government to maintain the Constitution. These observations are with reference to the first Article which has been introduced by my Friend Dr. Ambedkar.
