MAHARASHTRA NATIONAL LAW UNIVERSITY, MUMBAI

SEMESTER IV

CONSTITUTIONAL LAW II- SYNOPSIS

SUBMITTED TO: PROF. MILIND GAWAI

NAME: ARJUN KAPUR
SECTION: A
ENROLMENT NUMBER: 2021 009
COURSE: B.A. L.L.B.
 LANGUAGE AND FEDERALISM

PROBLEM STATEMENT

Understanding the multi-ethnicity of different languages in India impacts the understanding

of federalism in the country and its evolution through the decades.

RESEARCH QUESTIONS

1) Examine the impact of language and cultural diversity on cooperative federalism between
Centre and State governments.
2) Understand and analyse the impact of language, culture, and diversity on cooperative
federalism.
3) In terms of which institutions and processes do these states formulate and solve the issues
of legality and legitimacy of multilingualism?
4) How do “minority” languages survive in a country like India?
5) How did India survive in coping with linguistic heterogeneity and others fail?
6) Considering the uneven strength and development of the different languages, how does the
imperative of achieving federal balance cope with the issue of language asymmetry?
7) How does the state avoid the perils of irredentism linked to the status of minority
languages? 

RESEARCH HYPOTHESIS

Having different languages in different states leads to a loss of efficiency on a central level,
as the communication between States and between the State and Centre becomes more
difficult. Further, the movement of people (and, resultantly, the efficiency in cross-State
occupations) becomes more difficult. However, there is a notable gain in efficiency in terms
of outreach and scope of the provision of services to those who would not be able to
understand Hindi (due to linguistic pride or far more likely due to poverty and lack of
education) as these individuals would still have access to the government through
communication using regional languages. Thus, in terms of efficiency, the balance tips favour
having a federal language scheme.

CHAPTERISATION

INTRODUCTION
Language plays a unique role in India. Due to its multilingual character, it acts as a
distinguishing feature of India’s diversity from an outside perspective. However, this same
character also leads to varied reactions within the nation, ranging from politics to nationality
to administration.

HISTORY OF LANGUAGE IN INDIA

The language was one of the most controversial topics at the Constituent Assembly Debates.
There was a notable conflict during the debates on national language, official languages and
incorporation of regional and official languages. An aggressively zealous bloc was intent on
ensuring that Hindi would be the national language, led by individuals such as R.V Dhulekar.
An opposing bloc existed, which included Krishnamoorthy Rao and T.T. Krishnamachari,
that fought against “Hindi Imperialism”, asking instead for a formally multi-lingual nation.
An uneasy compromise was reached, wherein Hindi was stated as India's official, but not
national, language. For administrative purposes, English was allowed as an official language;
however, to phase it out once Hindi had attained the necessary capacity to take over.

CASES ON LANGUAGE AND FEDERALISM

Three cases directly relevant to the scope of the paper shall be relied on – R.R. Dalavai v
State of Tamil Nadu, Union of India v Murasoli Maran and U.P. Hindi Sahitya Sammelan v
State of Uttar Pradesh. While these cases prima facie revolve around different issues, there is
a common overlying principle regarding language and federalism.

DISTRIBUTION OF EXECUTIVE POWERS

It is usual for the distribution of executive powers to mirror the distribution of legislative
powers, such that the federal executive is responsible for administering programmes and
enforcing laws enacted by the national legislature. In contrast, subnational executives are
responsible for administering and enforcing laws enacted by subnational legislatures.

ANALYSIS OF LANGUAGE AND THE STATE OF FEDERALISM IN THE COUNTRY

It will be done in the first draft.
CONCLUSION