Part XVII of the Indian Constitution highlights the framework of official language provisions under Articles 343 to 351. It classifies them under four important divisions—Language of the Union, Regional Languages, Judiciary and Legal Texts, and Special Directives. These provisions are highly relevant for UPSC aspirants and law students to understand India’s linguistic policy.
Official Language in the Constitution of India (Articles 343–351)
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Language of the Union Provisions
- Hindi in Devanagari script was designated as the official language of the Union, while numerals must be in the international form of Indian numerals rather than Devanagari numbers.
- English continued for 15 years (1950–1965) as the working language for Union purposes, maintaining its pre-Constitutional usage.
- Even after this period, Parliament retained power to extend the use of English for specific purposes.
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The Constitution mandated periodic commissions to promote Hindi and regulate English use:
- (i) 1955 – Official Language Commission headed by B. G. Kher was formed; its recommendations were given in 1956.
- (ii) 1957 – A Parliamentary Committee under Gobind Ballabh Pant examined the report.
- (iii) A second commission was supposed to be appointed in 1960, but it was not formed.
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Official Language Act (1963 & Amendment 1967)
- (i) The 1963 Act allowed the continued use of English beyond 1965, alongside Hindi, for all Union purposes and parliamentary business.
- (ii) The 1967 Amendment made the use of English, in addition to Hindi, mandatory in certain cases, ensuring English remained indefinitely valid.
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Regional Languages in Indian States
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States can choose their official language(s), either from regional languages or Hindi. Till such adoption, English continues as the state’s official language.
- (i) Most states have chosen their majority regional languages (e.g., Telugu in Andhra Pradesh, Malayalam in Kerala, Odia in Odisha).
- (ii) Northern states like UP, MP, Bihar, Rajasthan, etc., adopted Hindi as their state language.
- (iii) Some states adopted more than one language (e.g., Gujarati + Hindi in Gujarat, Konkani + Marathi in Goa).
- (iv) Jammu & Kashmir adopted Urdu instead of Kashmiri, while North-Eastern states like Meghalaya, Arunachal Pradesh, and Nagaland chose English.
- (v) Importantly, the choice is not confined to languages in the Eighth Schedule.
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Union–State and Inter-State Language Communication
- (i) English remains the link language for communication between the Union and states or between states, unless states mutually agree to use Hindi.
- (ii) Examples: Rajasthan, Uttar Pradesh, Madhya Pradesh, Bihar have agreements to use Hindi for inter-state communication.
- (iii) The Official Language Act 1963 mandates that when Hindi is used between a Hindi and non-Hindi state, an English translation must also be provided.
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Protection of Linguistic Minorities
- (i) If a significant population in a state demands recognition of their spoken language, the President can direct its official recognition.
- (ii) This safeguard ensures linguistic minority rights within Indian states.
Language provisions for courts and legislations under the Indian Constitution ensure clarity, uniformity, and protection of linguistic minorities. These rules, supplemented by the Official Language Act of 1963, safeguard both the functioning of the Supreme Court and High Courts and promote the development of Hindi while balancing India’s multilingual diversity. For students and UPSC aspirants, understanding these directives is crucial for analyzing India’s linguistic policy framework.
Language of the Courts and Legislative Texts in India
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Constitutional Provisions for Courts and Legislation
- Until Parliament provides otherwise, the following remain in English only:
- (a) Proceedings in the Supreme Court and every High Court.
- (b) Authoritative texts of all bills, acts, ordinances, orders, rules, regulations, and bye-laws at both Central and State levels.
- The Governor of a state, with prior consent of the President, may authorize the use of Hindi or other state official languages in High Court proceedings.
- However, judgments, decrees, and orders must still be in English unless Parliament decides otherwise.
- A State Legislature can prescribe use of a local language in its legal instruments, but an English translation must also be published.
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Provisions of the Official Language Act 1963
- (i) Hindi translations of central acts, ordinances, and rules published under the authority of the President are considered authoritative texts.
- (ii) Every Parliamentary bill must be accompanied by a Hindi translation.
- (iii) In states, Hindi translations of acts and ordinances are mandatory in certain cases.
- (iv) Governors, with the President’s approval, may permit judgments in Hindi or other state languages, provided they are accompanied by English translations.
- Example: UP, MP, Bihar, Rajasthan allow this practice.
- (v) Supreme Court has no such provision—hearings and petitions are only in English.
- In 1971, a petitioner’s habeas corpus plea in Hindi was rejected as unconstitutional since the Court’s language is English.
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Special Directives for Linguistic Minorities
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Protection of Linguistic Minorities
- (i) Any person can submit representations to Union or State authorities in any language in use, and it cannot be rejected for not being in the official language.
- (ii) States must ensure primary education in mother tongue for children of linguistic minorities.
- The President may issue directions to enforce this safeguard.
- (iii) A Special Officer for Linguistic Minorities is appointed by the President to investigate safeguards, report findings, and submit them to Parliament and State Governments.
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Development of the Hindi Language
- (i) The Union Government is duty-bound to promote Hindi so it evolves as the lingua franca of Indian culture.
- (ii) Hindi must be enriched by absorbing styles and expressions from Hindustani and other Eighth Schedule languages, with vocabulary drawn mainly from Sanskrit.
- (iii) At present (2016), 22 languages are listed in the Eighth Schedule (originally 14): Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithili, Malayalam, Manipuri, Marathi, Nepali, Odia, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu, and Urdu.
- (iv) Additions to the Schedule:
- 1967 (21st Amendment) – Sindhi
- 1992 (71st Amendment) – Konkani, Manipuri, Nepali
- 2003 (92nd Amendment) – Bodo, Dogri, Maithili, Santhali
- (v) Objectives of including languages:
- (a) Ensure their representation in the Official Language Commission.
- (b) Use their forms, style, and expressions to enrich Hindi.
The Official Language Act, 1963 introduced significant provisions to strengthen the role of Hindi in Union administration. It also mandated the setting up of a Parliamentary Committee on Official Language to periodically review the progress of Hindi. Over time, the Act and its associated measures—including classical language recognition—have shaped India’s linguistic policies. For UPSC aspirants and students, these developments offer key insights into the constitutional framework of language provisions.
Official Language Act 1963 and Classical Language Status
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Committee on Official Language: Provisions and Structure
- The Act mandated the constitution of a Committee ten years after its enforcement (26 January 1965). Accordingly, the Committee on Official Language was set up in 1976.
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Composition of the Committee
- (i) Total strength: 30 Members of Parliament.
- (ii) 20 members elected from the Lok Sabha.
- (iii) 10 members elected from the Rajya Sabha.
- (iv) Members are chosen through proportional representation using the single transferable vote system.
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Functions of the Committee
- (i) Review the progress of Hindi as an official language of the Union.
- (ii) Submit a report with recommendations to the President of India.
- (iii) The President must place the report before both Houses of Parliament and circulate it to State Governments.
- (iv) Based on these reports, the President can issue binding directions to implement recommendations.
- The Chairman of the Committee is elected by its members. Traditionally, the Union Home Minister has served as Chairman.
- The Committee adopts methods like inspection of Central Government offices to encourage wider Hindi usage and sets up three sub-committees to divide Ministries/Departments for review.
- The Committee also seeks oral evidence from experts in education, judiciary, administration, and other fields to assess the practical use of Hindi.
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Scope and Reports of the Committee
- (i) Reviews Hindi use in the context of constitutional provisions, the Official Language Act 1963, and related rules.
- (ii) Takes note of Government circulars and instructions on Hindi use.
- (iii) Considers wider issues like medium of instruction in schools/universities, recruitment language, and departmental examinations.
- (iv) Decided in 1985–86 to submit reports in parts, each focusing on specific aspects of language policy.
- The Secretariat of the Committee, led by the Secretary, functions under the Department of Official Language, Ministry of Home Affairs, with Under Secretaries and staff providing administrative support.
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Classical Language Status in India
- In 2004, the Government of India created the category of Classical Languages. Criteria were formally notified in 2006.
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Languages Declared as Classical
- (i) Tamil – 2004
- (ii) Sanskrit – 2005
- (iii) Telugu – 2008
- (iv) Kannada – 2008
- (v) Malayalam – 2013
- (vi) Odia – 2014
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Benefits of Classical Language Status
- (i) Financial support for centres of excellence dedicated to that language.
- (ii) Provision for national awards to eminent scholars.
- (iii) The UGC may establish professional chairs in Central Universities for classical language studies.
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Criteria for Declaring a Classical Language
- (i) High antiquity of early texts or recorded history spanning 1,500–2,000 years.
- (ii) Existence of ancient literature valued as cultural heritage by generations.
- (iii) A distinct and original literary tradition, not borrowed from another community.
- (iv) A separation between the classical form and later modern offshoots is permissible.
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Articles Related to Official Language at a Glance
- Language of the Union:
- (i) Article 343 – Official language of the Union
- (ii) Article 344 – Commission & Committee on Official Language
- Regional Languages:
- (i) Article 345 – State official language
- (ii) Article 346 – Communication between States & Union
- (iii) Article 347 – Special provisions for minority languages
- Language of the Judiciary & Legislation:
- (i) Article 348 – Supreme Court, High Courts & legislative texts
- (ii) Article 349 – Procedure for laws related to language
- Special Directives:
- (i) Article 350 – Language in representations
- (ii) Article 350A – Facilities for mother-tongue education
- (iii) Article 350B – Special Officer for linguistic minorities
- (iv) Article 351 – Directive for development of Hindi
