OFFICIAL LANGUAGE

(Articles 343 to 351)

Part XVII of the Constitution titled as Official Language contains Articles 343 to
351. With the establishment of British ruled in India, English came to be adopted
as a language of administration, instruction and examinations fort the whole of the
Country. As a result the Indian Language could not properly develop and prosper.

On the independence of the Country and its adopting the democratic form of
government based on adult suffrage, it was obvious that English was to be replaced
by Hindi, a language spoken by majority of Indian masses.

(a) Article 343—Official language of the Union—Clause (1) of A.343 provides

that the official language of the Union shall be Hindi in Devnagari script. It may
be noted that A.343(1) expresses that language and script are different things.
While language means vocabulary, script implies the manner of writing.

Hindi in Devnagri script has been designated as the official and not the national
language. Constitutional 92nd Amendment Act, contains the following 22
languages which are recognized by the Constitution—Assamese; Bengali;
Bodu; Dogri; Gujarati; Hindi; Malyalam; Manipuri; Marathi; Nepali; Oriya;
Punjabi; Sanskrit; Santhali; Sindhi; Tamil; Telugu and Urdu.

(b)Article 343(3)—Continued use of English language—A.343(3) expressly

provides that for the period of transition i.e. 15 years from the commencement
of Constitution. English language shall continued to be used for all the official
purposes of the Union for which it was being used immediately before the
commencement of Constitution. The Parliament enacted the Official Language
Act, 1963 The Act provides that English language may continued to be used in
addition to Hindi, even after the period of transition, for all official purposes of
the Union for which it was being used before.

(c) Articl4e 345—Official Languages of State—A.345 empowers each State to

adopt any one or more of the languages in use therein or Hindi as the language
 to be used for all or any of the official purposes of that State. For this purpose
Legislature of State may make a law.

Article 347—Language spoken by a minority: A.347 empowers the President to

direct a State to recognize officially any language spoken by a substantial portion
of the population of that State. For this purpose that substantial portion of the
population has to make a demand in that behalf. The language spoken by such
section of population may be recognized officially throughout that State or in any
part of the State. Also such language may be recognized for such purpose as the
President may specify.

(d)Article 346—Language for Inter-Governmental Communication—A.346

provides that the language for communication between one State and another
State and the Union shall be the language in which is for the time being
authorized for use in the Union for official purposes. Proviso to A.346, however
authorizes the use of Hindi language for communication between two or more
States if they among themselves have so agreed.

(e) Article 34800 Language to be used in the Supreme Court and High Court
— Clause (1) of A.348 provides that until Parliament by law otherwise
provides, all proceedings in the Supreme Court and in every High Court shall
be in English Language. However the Governor of State with the previous
consent of the President, may authorize the use of Hindu language or any other
language used for an official purposes of State, in proceedings in the High
Court having its principal seat in that State. But this power does not extend to
any judgment, decree or order passed or made such High Court, the language to
be used for that purpose, must be English.

Language for Authoritative Texts Article 348(1)(b)—A.348(1)(b) lays down

that the authoritative texts of the following shall be in the English language—

(i) Of all Bills or amendments thereto to be introduced or moved in either

House of Parliament or of Legislature of State;

(ii) Of all Acts passed by Parliament or Legislature of State;

(iii) Of all Ordinances promulgated by the President or the Governor of a
State;

(iv) Of all orders, rules, regulations and by laws issued under the Constitution
or under any law made by the Parliament or Legislature of State.

A.348 does not requires that the power to prescribe any language other than
English for use in Bills, Acts or Ordinances, can be given to a State Legislature
only by a Parliamentary law. This power is vested in the State Legislature under
A.345.

(f) Article 351—Development of Hindi Language—A.351 provides, It shall

be the duty of the Union to promote the spread of Hindi language, to develop it
so that it may serve as a medium of expression for all the elements of the
composite culture of India and to secure its enrichment by assimilating without
interfering with its genius, the form, style and expressions used in Hindustani
and in the other language of India specified in the Eighth Schedule, and by
drawing, wherever necessary or desirable, for its vocabulary, primarily on
Sanskrit and secondarily on other languages.

(g) Article 344- Appointment of Language Commission—A.344(1) provides

for appointment by the President of a Language Commission after 5 years from
the commencement of the Constitution, and thereafter at the expiration of 10
years from such commencement. The Commission is to consist of a Chairman
and such other members representing the different languages specified in 8 th
Schedule, as the President may appoint. The procedure to be followed by the
Commission is to be laid down in the Order of President.

Duty of Language Commission—Clause (2) of A.344 lays down the following

duties-

(a) The progressive use of Hindi Language for the official purposes of the
Union;

(b)The restrictions on the use of the English language for all or any of the
official purposes of the Union;
(c) The language to be used for all or any of the purposes mentioned in A.348,
which says of the language to be used in the Supreme Court and in the High
Court and for Acts, Bills etc.;

(d)The forms of numerals to be used for any one or more specified purposes of
Union;

(e) Any other matter referred to the Commission by the President as regards the
official language of Union and the language for communication between the
Union and a State or between one State and another and their use.

Clause (3) of A.344 requires the Commission, in making their

recommendations to have due regard to—The industrial, cultural and scientific
advancement of India, and the just claims and the interests of persons belonging
to the non-Hindi speaking areas in regard to the public services.

Clause (4) of A.344 envisages the constitution of Committee consisting of 30

members, of whom 20 shall be members of the Lok Sabha and 10 shall be
members of Rajya Sabha, to examine the recommendation of language
commission and to make its report to the President on such recommendations.

Based on the report of the C omission, the Official Language Act 1963, was
passed, following were the main provisions of the Act—

i- The English language may continue to be used for official purposes of

the Union in addition to Hindi Language even after the 15 years deadline;

ii- To reconsider the language problem, a parliamentary committee on

official language, be constituted after 26 Jan 1975, The Committee would
review the progress made in the use of Hindi for the official purposes of
the Union and would submit its report to the President. The report would
be laid before both Houses of Parliament and would be sent to all State
Governments. The President, after considering the views of the State
Governments, would issue appropriate directions in the matter;

iii- A Hindi translation of laws enacted in English and suggest translation of

laws enacted in the regional languages is to be published in the official
Gazette, under the authority of the President;
 iv- The authoritative texts of all Bills in English should be accompanied by a
Hindu translation;

v- The Governor of State may with the previous sanction of President,

authorize the use of Hindi or the State official language, in addition to
English, or purpose of Judgment etc. delivered by High Courts. A
Judgment delivered in a language other than English is to be
accompanied by an English translation issued under the authority of the
High Court;

vi- No change is provided in regard to Supreme Court where the English

language would continue.

As to question of medium of education at various levels, 3 language formula has

been evolved according to which a student has to study 3 languages i.e. Regional
language, Hindi and an international language and, In case the mother tongue of a
student is Hindi, he shall study some other regional language.

Article 350—Language for making representation for redress of grievance—

A.350 is enacted to safeguard the interests of all linguistic minorities. It provides
that every person shall be entitled to submit a representation for redress of any
grievance to any officer or authority of Union or a State in any of the languages
used in the Union or in the State as the case may be.

Article 350-A—Facilities for instructions in mother tongue at primary stage—

A.350A was inserted by Constitutional 7th Amendment Act 1956, It casts a positive
obligation on the States to provide for facilities for instruction at the primary stage
of education in the mother tongue of children belonging to linguistic minorities
groups. Mother tongue would mean the language of the linguistic minority in State
and that it was the parent or guardian of the Child who would decide what the
mother tongue of Child was.

A.350B provides for appointment of President of a Special Officer for linguistic

minorities. The duty of such officer shall be to investigate all matters relating to
safeguards provided for linguistic minorities. The officer shall make report on
those matters at such intervals as the President may direct. The President shall case
all such reports to be laid before each House of Parliament and sent to the
Government of the State concerned.

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