Official Language

The Constitution of India, under Part XVII, outlines the framework for the official language in Articles 343 to 351. These provisions are classified under four key headings: Language of the Union, Regional Languages, Language of Judiciary and Legal Texts, and Special Directives. Understanding the intricate details of these provisions provides clarity on the linguistic landscape of India and its legal aspects.

Learning Outcomes:

1. Grasp the constitutional provisions related to India’s official languages.
2. Understand the dual role of Hindi and English at various governance levels.
3. Learn about the special linguistic provisions for states and minorities.

Language of the Union

India’s constitution prescribes specific rules regarding the official language of the Union:

1. Hindi, written in the Devanagari script, is the official language of the Union, though the international form of Indian numerals is to be used for official purposes.
2. English was permitted for official purposes for fifteen years (from 1950 to 1965). Post this, Parliament may legislate to continue the usage of English for specific purposes.
3. At five-year and ten-year intervals after the Constitution’s commencement, the President was mandated to appoint a commission to recommend the progressive use of Hindi and restrictions on English usage.
4. A Parliamentary Committee was required to examine the commission’s recommendations and report its views to the President.
5. In 1955, the first Official Language Commission, chaired by B.G. Kher, was appointed. Its report was reviewed by a committee led by Gobind Ballabh Pant in 1957. However, a subsequent commission was not constituted in 1960.

The Official Languages Act (1963) permitted the continued use of English along with Hindi for Union-level official purposes. In 1967, the act was amended to make English compulsory in certain contexts, ensuring that it remained relevant indefinitely.

Important Note: The Official Languages Act (1963) empowers both Hindi and English as official languages for Union purposes, thus avoiding a rigid linguistic shift post-1965.

Regional Languages

The Constitution does not specifically dictate which language a state must adopt as its official language. Instead, it offers states the flexibility to decide:

1. State legislatures can adopt one or more languages in use or Hindi as the official state language. Until a decision is made, English continues as the official language. Many states have adopted regional languages, such as Telugu in Andhra Pradesh, Malayalam in Kerala, and Bengali in West Bengal. Hindi is the official language in several northern states, while some northeastern states like Meghalaya and Nagaland use English.
2. English serves as the link language for communication between the Union and non-Hindi-speaking states. Additionally, two or more states can mutually agree to use Hindi instead of English for inter-state communication.
3. Upon a significant demand, the President may direct a state to recognize any language spoken by a substantial section of its population, thereby safeguarding the linguistic rights of minorities.

Important Concept: States are free to choose languages outside the Eighth Schedule, reflecting the diverse linguistic environment in India.

Language of Judiciary and Legal Texts

Specific constitutional provisions govern the language of the judiciary and legal documents:

1. All proceedings in the Supreme Court and High Courts are conducted in English, as are the authoritative texts of laws at the central and state levels.
2. However, a governor, with the President’s consent, may authorize the use of Hindi or another official state language in High Court proceedings, excluding judgments, decrees, and orders, which must remain in English.
3. State legislatures can specify the use of non-English languages in legislative texts, but an English translation must also be published.

The Official Languages Act (1963) mandates the inclusion of Hindi translations of bills and acts in Parliament, as well as in state assemblies where applicable. This ensures broader accessibility while maintaining the primacy of English in the judicial sphere.

Note: The Supreme Court only hears cases presented in English, reinforcing its role as a national institution requiring linguistic consistency.

Special Directives

The Constitution contains specific directives aimed at protecting linguistic minorities and promoting the spread of Hindi:

1. Every citizen has the right to submit grievances to any Union or state authority in any language used in that region.
2. States are required to provide primary education in the mother tongue for linguistic minorities. The President can issue necessary directions to ensure compliance.
3. The President must appoint a special officer to investigate issues relating to linguistic minorities and submit reports, which are forwarded to the state governments.

Note: These safeguards play a critical role in promoting linguistic inclusivity and protecting minority languages within the federal framework.

Development of Hindi Language

The Constitution tasks the Union government with promoting Hindi to ensure its development as the lingua franca of India’s composite culture:

1. The Centre is responsible for enriching Hindi by assimilating words and expressions from Hindustani and other Eighth Schedule languages, primarily drawing from Sanskrit.
2. As of 2019, there are 22 languages in the Eighth Schedule, including Hindi, Assamese, Bengali, Urdu, and others. Over time, more languages were added, such as Sindhi in 1967, Konkani, Nepali, and Manipuri in 1992, and Bodo and Santhali in 2003.

These efforts aim to bridge the linguistic gaps in India by fostering Hindi as a national language while respecting the diverse regional tongues.

Table: Classical Languages in India

Committee of Parliament on Official Language

The Official Languages Act (1963) provided for the establishment of a Committee of Parliament on Official Language to review progress in the use of Hindi:

1. A Committee of 30 members was constituted in 1976, comprising 20 members from Lok Sabha and 10 members from Rajya Sabha.
2. This Committee is tasked with reviewing the use of Hindi in government offices and submitting reports to the President. These reports are tabled in Parliament and sent to the state governments.
3. The President can issue directives based on these reports, thereby ensuring the continued promotion of Hindi as envisioned by the Constitution and the Official Languages Act.

The Committee plays a pivotal role in ensuring the objectives of the Official Language policy are met through periodic reviews, inspections, and consultations with various stakeholders.

Note: The progress made by the Central Government offices in using Hindi is continuously reviewed, with a strong focus on aligning with the provisions of the Constitution and the Official Languages Act.

Classical Language Status

In 2004, the Government of India introduced the category of Classical Languages. This recognition is based on a set of criteria, including the antiquity of language and its literary tradition. The benefits of being conferred classical status include financial assistance for setting up centres of excellence for language study, the creation of professional chairs in universities, and scholarship opportunities.

Table: Articles Related to Official Language

MCQ for Understanding

Which of the following languages was conferred classical language status first?
a) Telugu
b) Tamil
c) Sanskrit
d) Kannada
Answer: b) Tamil

By understanding the official language policy, we appreciate the constitutional efforts to balance India’s linguistic diversity while fostering Hindi as a unifying language without disregarding English and regional tongues.