The Indian Constitution’s Articles 343 to 351 outline the framework for the Union’s official language, emphasizing Hindi in Devanagari script while accommodating linguistic diversity.
MEANING, DEFINITION & EXPLANATION
Part XVII of the Indian Constitution addresses the official language of the Union. Article 343(1) designates Hindi in Devanagari script as the official language. However, Article 343(2) permits the continued use of English for official purposes for 15 years from the Constitution’s commencement. This transitional period aimed to facilitate a smooth shift to Hindi. Article 343(3) empowers Parliament to legislate the continued use of English beyond this period, which it did through the Official Languages Act, 1963, allowing English to remain in official use alongside Hindi.
HISTORICAL BACKGROUND / EVOLUTION
The Constituent Assembly debated extensively on the official language issue, balancing national unity with linguistic diversity. The Munshi-Ayyangar formula emerged as a compromise, leading to the adoption of Hindi as the official language and permitting English’s continued use for a transitional period. This compromise acknowledged regional linguistic sentiments and aimed to prevent national discord.
LEGAL PROVISIONS / PROCEDURE / SPECIFICATIONS / CRITERIA
-
Article 344: Mandates the President to constitute a Commission at the expiration of five and ten years from the Constitution’s commencement to recommend measures for the progressive use of Hindi and restrictions on English. A Parliamentary Committee examines these recommendations.
-
Article 345: Allows State Legislatures to adopt any language in use in the state or Hindi as the official language for state purposes, ensuring flexibility in regional language adoption.
-
Article 346: Specifies that the language for communication between states and between a state and the Union shall be the Union’s official language, with provisions for Hindi use if agreed upon by the concerned states.
-
Article 347: Empowers the President to recognize a language spoken by a substantial population of a state as an official language upon demand, facilitating linguistic inclusivity.
-
Article 348: Stipulates that proceedings in the Supreme Court and High Courts, as well as authoritative texts of laws, shall be in English unless Parliament provides otherwise, ensuring clarity in legal matters.
-
Article 349: Restricts Parliament from considering bills or amendments related to language provisions without the President’s recommendation, ensuring executive oversight.
-
Article 350: Grants individuals the right to submit grievances to any authority in any language used in the Union or state, promoting linguistic freedom.
-
Article 350A: Obliges states and local authorities to provide adequate facilities for instruction in the mother tongue at the primary stage, supporting educational rights.
-
Article 350B: Provides for a Special Officer for linguistic minorities to investigate and report on safeguards for their rights, ensuring protection of linguistic minorities.
-
Article 351: Directs the Union to promote the spread of Hindi, develop it to serve as a medium of expression for India’s composite culture, and enrich it by assimilating forms and expressions from other languages, fostering linguistic development.
GUIDELINES / RULES / REGULATIONS / NOTIFICATIONS / CIRCULARS
The Official Languages Act, 1963, and its subsequent amendments govern the use of Hindi and English for official purposes. The Act provides for the continued use of English alongside Hindi for official purposes of the Union and for use in Parliament, ensuring bilingual functionality in government operations.
CASE LAWS / PRECEDENTS / OVERRULING JUDGMENTS
-
M.N. Ravichandran v. Union of India (1987): The petitioner sought enforcement of Hindi as the sole official language. The Madras High Court held that while Article 343(1) designates Hindi as the official language, Article 343(3) empowers Parliament to continue the use of English. The court emphasized that the constitutional provisions allow for the use of both languages, reflecting the bilingual policy adopted by the Union.
-
P. Madhusudan Naidu v. Central Public Information Officer (2016): The appellant contended that official communications should be in Hindi. The Central Information Commission reiterated that both Hindi and English are permitted for official purposes, and individuals have the right to receive information in either language, upholding the bilingual nature of official communications.
DOCTRINES / THEORIES
- Doctrine of Harmonious Construction: Applied to interpret the language provisions, ensuring that the promotion of Hindi does not impede the use of English and vice versa, maintaining a balance between different linguistic groups.
MAXIMS / PRINCIPLES
- Lex Non Cogit Ad Impossibilia: The law does not compel the impossible. This principle underlies the gradual approach in implementing Hindi as the official language, acknowledging practical challenges in immediate enforcement.
AMENDMENTS / ADDITIONS / REPEALING
The Official Languages Act, 1963, was amended in 1967 to ensure the indefinite continuation of English for official purposes alongside Hindi, responding to resistance against the complete replacement of English.
STATISTICAL ANALYSIS / DATA ANALYSIS
As per the 2011 Census, 43.63% of Indians declared Hindi as their mother tongue, reflecting its widespread use. However, regional languages also hold significant importance, underscoring the necessity of a bilingual approach.
