PROJECT ON

“OFFICIAL LANGUAGE, REGIONAL LANGUAGES, AND SPECIAL DIRECTIVES”

Submitted to Justice Rajendra Babu SUBMITTED BY – NAVJOT KAUR ID NO. – 483 [LLM I Year – 2011-13]

NATIONAL LAW SCHOOL OF INDIA UNIVERSITY,
1

BANGALORE
Table of Contents

Introduction The Language Debate Constitutional Response Linguistic Recognition and Rights of minorities Language issue in today’s India Bibliography 21 27

5 9 15

30

2

Acknowledgement

I express my sincere gratitude to Justice (Prof). Rajendra Babu and owe my foremost regards to him for giving me an opportunity to carry out this project work under his guidance. This work would not have been possible without his invaluable support and thought provoking comments. It is due to his patient guidance that I have been able to complete the task.

I am very glad to present this work based on “OFFICIAL LANGUAGE, REGIONAL LANGUAGES, and SPECIAL DIRECTIVES”. This is a sincere effort by me. I also extend my gratitude to the Librarian and the Library staff who made available the required materials.

Navjot Kaur LLM 1st year ID no. 483

3

4 . Sources: The researcher has relied upon the secondary resources of books and academic journal articles and web sources. And it also seeks to highlight how far the Globalization has impacted this Hindi-English conflict .Abstract Aim and Objective: The objective of the study is to analyze the issues that prevailed at the time of framing of the constitution regarding official language. Mode of Citation: A uniform method of citation is followed throughout this paper. how the Indian constitution has responded to the challenge.whether it has anyhow lead to acceptance of English. Research Methodology: In this paper the researcher has used descriptive and analytical methodology of research. why the three language formula was adopted.

This power in the hands of the Centre will help to curb any tendency towards linguistic fanaticism and the domination of a majority over linguistic minorities in different States. that a substantial proportion of the population of the State desires such recognition. riding on the crest of linguistic fanaticism. the official language of the Union will be the authorized language. Ordinarily. the Assembly produced a compromise formula after a long and heated discussion. on a representation made to him in this regard. exceptions to this general pattern in some parts of the world and some countries have made even special provisions to solve the problems arising out of bilingualism or multilingualism within their borders. This is because. surcharged with emotions. Each State Legislature is empowered under Article 345 to adopt any one or more of the languages in use in the State for all or any of the official purposes of the State concerned. Introduction Language is not only a rule-governed system of communication but also a phenomenon that to a great extent structures our thought and defines our social relationships in terms of both power and equality. Few constitutions have such elaborate provisions dealing with the official language as the Constitution of India. socio-culturally mediated. and every individual successfully creates a repertoire of multiple registers to negotiate a variety of social encounters. the President is empowered under Article 347 to direct a State Government to recognize a particular language for official purposes either for the whole or part of the State. This is in addition to the cultural rights that are guaranteed as Fundamental Rights under Article 29 of the Constitution. But so far as communication between a State and the Union or between one State and another is concerned. Nevertheless. There are. the President may authorize the use of Hindi in addition to English. The provisions dealing with official language are the product of this compromise formula. According to this. a single language is employed as the common medium of expression of the entire population. of course. or at least of an overwhelming majority.I. the Constitution has incorporated a special provision. India belongs to the latter category. In the course of the discussion on the official language. however. Language of the Union The main provisions dealing with the official language of the Union as embodied in Articles 343 and 344 are as follows: Hindi written in Devanagari script will be the official language of the Union. official language is not a subject which requires any special treatment in a constitutional enactment. in most countries. if he is satisfied. English will continue to be used for all official purposes of the Union but during this period. hence a special Chapter in the Constitution dealing with the official language. For a period of fifteen years from the commencement of the Constitution. All specific linguistic development is. of course. 5 . the Constituent Assembly witnessed some of the most agitated scenes. In order to protect the linguistic interests of minorities in certain States.

Official language or languages of a State:Subject to the provisions of articles 346 and 347. Article 346. the President is empowered under Article 347 to direct a State Government to recognize a particular language for official purposes for either the whole or part of the State. the official language of the union will be the authorized language. In order to protect the linguistic interests of minorities in certain States.- Notwithstanding anything in article 343. the Constitution has incorporated a special provision. This power in the hands of the Centre will help to curb any tendency towards linguistic fanaticism and the domination of the majority over linguistic minorities in different Article 345. 6 . Parliament may be law provide for the use. on a representation made to him in this regard. the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of this Constitution. Regional Languages Each State legislature in empowered under Article 345 to adopt any one or more of the languages in use in the State for all or any of the official purposes of the State concerned. for such purposes as may be specified in the law. the Legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the language or languages to be used for all or any of the official purposes of that State: Provided that. But so far as communication between a State and the Union or between one State and another is concerned. until the Legislature of the State otherwise provides by law. after the said period of fifteen years of 1) The English language. if he is stratified. or 2) The Devanagari script from of numerical. that language may be used for such communication. Official language for communication between one State and another or between a State and the Union: The language for the time being authorised for use in the Union for official purposes shall be the official language for communication between one State and another State and between a State and the Union: Provided that if two or more States agree that the Hindi language should be the official language for communication between such States. that a substantial proportion of the population of the State desires such recognition. According to this. This is in addition to the cultural rights that are guaranteed as Fundamental Rights under Article 29 of the Constitution.

Such enrichment may be secured by drawing primarily on Sanskrit and secondarily on other languages. Article 350B. direct that such language shall also be officially recognised throughout that State or any part thereof for such purpose as he may specify. and sent to the Governments of the States concerned. 7 . Article 351. Article 350A. Facilities for instruction in mother-tongue at primary stage: It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups. and the President shall cause all such reports to be laid before each House of Parliament. style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule. Special Officer for linguistic minorities: There shall be a Special Officer for linguistic minorities to be appointed by the President. Article 350.Article 347. 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. and by drawing. Special Directives The Constitutions also embodies a directive for the development and enrichment of the Hindi language with a view to making it serve as a real medium of expression for all the elements of the composite culture of India. and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities. as the case may be. if he is satisfied that a substantial proportion of the population of a State desire the use of any language spoken by them to be recognised by that State. the forms. It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under this Constitution and report to the President upon those matters at such intervals as the President may direct. Directive for development of the Hindi language: It shall be the duty of the Union to promote the spread of the Hindi language. primarily on Sanskrit and secondarily on other languages. Special provision relating to language spoken by a section of the population of a State: On a demand being made in that behalf the President may. Language to be used in representations for redress of grievances: Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State. for its vocabulary. wherever necessary or desirable.

Authoritative texts of bills. the Constitution makes a special provision for the retention of the English language if Parliament so decides even after the fifteen-year. rules. once the fifteen-year period is over. Acts. Parliament is empowered to stop the use of English even in the courts whenever it lies. orders.Language in Courts Under Article 348. Ordinances. It is also provided that Hindi or any regional language may be used even earlier for conducting the proceedings in a High court if the President gives his consent for the measure. However. 8 . regulations and by-laws issued under the Constitution or under any law.period for the following purposes: All proceedings in the Supreme Court and the High Courts.

second edition 2004p. After fall of moguls Britishers introduced English but Urdu continued to be used for official purposes.489 9 . even with the existence of local dialect.C.Kashyap Framing of India’s constitution.Bengali.p. and the Dravidian languages of Tamil. in the sense that its vehicle was not the language of the general body of the people. but of a small and educated class…but there is no reason why.CHAPTER ONE The Language Debate History of language in IndiaThe principal languages used in the country has been broadly divided into two broad categoriesthe Sanskrit based languages including hindi.Nehru. Telugu and Kannada1. and Marathi. moguls named west of Indian subcontinent as „Hind „or „Hindustan „on the name of river Indus and their language was called Hindi or Hindustani based on Sanskrit script. „In doing so it served as as a force for national unity and developing national consciousness as well as an administrative convenience3‟ 1 2 S.19. the literary language should not have kept in touch with the people in India as elsewhere save for the fact that from a certain time that language remain altogether stationary. it has been said. 961-2 3 Micheal Brechel.781 Encyclopedia of Britannica(1957) vol. „the classical literature of India is almost entirely a product of artificial growth. Guajarati. allowing the vernacular dialects more and more to diverge from it‟2 Before Britishers came to India it was governed by Moguls who were Muslims their official language was Persian.pp.Sanskrit is one of the most ancient language to which most Indian languages owe their origin. And higher education was also imparted through English thus it become medium of communication for intelligentsia.A political Biography. as Moguls were patron of poetry and music they developed Hindustani poetry using Persian and Arabic words written in Perso-arabic script and was called Urdu which became language of Mogul courtyard so there developed two languages with different writings.

.A Ahmad. National Language for India.jstor. the conflict became apparent when the demand had to be realized into constitution.but National leaders demanded change of official language from Urdu to Hindi and this debate between Hindi Urdu continued till independence.34 Published by: Modern Language Association Stable URL: http://www.K The Role of Languages in the development of national consciousness in India. the law courts and the professions all used English. the legislature.org/stable/2699137Accessed: 24/08/2010 5 Z. Jawaharlal Nehru commented that „communalism is strong enough in India and so the separatist tendency persists with unifying tendency. 1957). The question of National language did not receive much attention till it was posed before the constituent assembly.p. higher education. Above all.55 10 . PMLA.untill now English had supplied the National unity between people of north and south being pursued at higher administration level. on the promise of regional language people were brought to Freedom movement so regional language become inevitable but from the point of view of National integration common language was also needed. Language of masses had become an attractive proposal for leaders of national movement. in morals and intellect. Which was neither snskritised Hindi nor persianised Urdu? But a happy blend of both written either in the Devanagari script or the Persian script. proposed to produce "at least a class of persons Indian in blood and color but English in opinion. English was the language used for expression of political aspiration now the question was which language should take place of English and when? Writing in 1941. 72. pp. as a via media between two. „He said: Scratch a separatist in language and you will invariably find that he is a communalist and very often a political reactionary5. introduced in 1832 after considerable controversy. 2 (Apr. 4 Hingorani D. Gandhijee and Nehru put forwarded idea of Hindustani. No. it provided the much needed lingua franca for the administrative unity of the whole country in a scale never achieved before4. Vol.Language controversyThe English system of education.

for the study of modern literature.Indian constitutional law. It was attended by record number of member of 210 and almost300 amendments had been proposed which represented highest common measure of agreement between the opposing point of view6. The former writing in 1935 had said: Knowledge of English is necessary to us for the acquisition of modern acquisition of modern knowledge.1949 in the constituent assembly. It was one of the important steps taken in those days.vol. to take politics to the masses. the promise of linguistic state was used by the Indian National Congress as part of its strategy to mobilize Indian people against the British Raj. Although.34 11 .C. The discussion on the sensitive issue of language began on 12sept. About one thing there was consensus achieved that we need to adopt a common National language to be used uniformly throughout India in the administrative affairs. And in the beginning itself it was clear that English cannot be the National language of India if the freedom movement has to run with mass participation.K.V.and 13sep. for intercourse with the present rulers and such other purposes7 In his speech Gopalswami Ayyangar contended that Hindi should be adopted as the official language of the union under the constitution but there was also no difference on the point that English cannot be dispensed with immediately until Hindi is accepted by all for official 6 7 Subba rao G. But It is also worth remarking that both Gandhi and Nehru realized the value of the English language to India.1first edition 1970.p. When the assembly met the unity of freedom struggle was not there. the assembly faced many problems on question of official language. hitherto confined to small upper class elite. for knowledge of the world.Our Language Problem.and Consensus was very difficult to arrive to at. People were not agreed to accept Hindi either as official or National language. Gandhi.Task before constituent AssemblyThe existence of different and varied languages in India has no doubt contributed in the richness of our culture but at the same time. has also created problems and tensions and affected the assimilation of different linguistic groups into the mainstream of national life.492 M.p.

therefore a minimum transition period of fifteen years was desired to be given to English then to be replaced by Hindi. 8 9 The Framing of India’s Constitution. Kashyap. The third view was of non Hindi speaking areas that were against imposition of one language over them to which they were not acquainted.3 10 S. it would be relevant to point out here that constituent assembly met at the time when partition had become inevitable therefore the members of the Congress were determined that Hindi in Devnagri script shall be the only official language of India. On August 5.C.he made no secret of the fear that he entertained that the Hindi issue. During the discussion on draft constitution sharp difference of opinion emerged. „I would convey a warning on behalf of the people of the south for the reason that there are already elements in south India who want separation and it is up to us to tax the minimum strength we have to keep those elements down…. select Document.. There were three point of views.vol. pressed so far. edited by B Shiva Rao. might result in a secessionist movement.T Krishnamachari who expressed the apprehension that „language imperialism‟ threatened to bring into being a type of totalitarianism and warned the assembly against its reaction on the rest of the units of union of India .623-624 supra note. agreed that there shall be one state language for purposes of union in which all record shall be kept. Few others stood for retention of Hindustani in both Devanagari and Urdu script. and English shall be used during the transition period of fifteen years at the union and for inter-provincial use.788 12 . staunch Hindi supporter demanded for Hindi in Devnagri script to be the official language of the country some agreed to the adoption of English during the transitional arrangement with the aim to secure recognition of Hindi as a National language in the constitution.4 1967 pp.purposes. 1949 The congress working committee passed a resolution on the issue of National language without stating what shall be the National language.8The first disagreement was with regard to language to be used by the assembly itself in the transaction of business. the most prominent among them was T.Framing of India’s constitution . which finally settled that either Hindustani (Hindi or Urdu) or English could be used and the chairman can allow any regional language in case of necessity by those who were not acquainted with either of these.10. second edition 2004.9 Neither the Draft constitution nor the version settled by drafting committee contained any provision on the general issue of language and it only provided for language to used in Union parliament and State legislature.p.

but it was stated that that „even a unanimous conclusion to adopt Hindi in the long run as the declared official language represented a compromise11. Purushottamdas Tondon. The Draft of this special committee was discussed initially providing the period of ten then fifteen years for English which meant Hindi to be the official language after fifteen years. Govind Vallabh Pant. It was contribution of this committee manifested in the constitution.11 to ponder over issue of National language the consensus was reached that Hindi in Devanagari script shall be the official language. A committee consisting K.795 13 . use of Hindi or any other state language in the proceeding of high courts though not for judgment decree and orders. on numerals he defended International numerals with the provision that union government at any time may provide for Devanagari numerals for official purposes. and fourthly Sanskrit was included in the schedule. Govind Das 11 Supra note 12. The congress party met in constituent assembly on Aug. Constituent assembly accepted the language proposal only by majority of one vote which itself shows that how sharply the assembly was divided.the eighth schedule contained the list of languages.p. the south Indian member were of the view if Devanagari numeral was adopted in the constitution it would remain a dead letter.he declared complete abandonment of English was not feasible. then there was demand by Raghu vira that period of fifteen years for English was too long. International numerals were opposed.M Munshi headed by Gopalswami Ayyangar was constituted it debated the issue of language and came out with the „Munshi Ayyangar Formula‟. „after the final amendment following changes were brought Devanagari form of numeral may be used after the fifteen years if provided by parliament. and Shayama Prasad Mukherjee among others. but on other issue there was no agreement so special committee was constituted consisting of Abul Kalam Azad . Tondon suggested that every five year a commission should be appointed to enable the government to direct changes in use of Hindi. secondly. but the issue of numerals was still not resolved. in the Draft constitution as revised by Drafting committee the language provisions were placed in part (xvii) consisting of articles 343 to 351. Munshi‟s third proposal was that state legislature may prescribe for use of a local language for Bill acts ordinances and orders but English translation was required.On the length of the transition period of English Govind Vallabh Pant was of the view that It should be left to wish of non Hindi speaking people.

vol. 992 14 .612 Supra note. Deb.p.pointed out that passing of constitution in foreign language after end of slavery and attaining freedom would remain ever a blot on us. and let me hope that It will develop into national language in which all will feel equal pride while each area will be not only free but also encourage to develop its own peculiar language in which its culture and tradition will be enshrined13 12 13 C.12 Commenting on the decision reached by assembly president Rajendra Prasad remarked: „„…….14 p.xi.for the first time in our history we have accepted one language which will be language to be used all over the country for all official purposes.A.

MP Jain. (3) Measures are to be taken for the growth of Hindi in the meantime. its place should be taken over by Hindi. at 772 15 . Firstly.TWO Constitutional Response The Indian constitution part (xvii) provides for provision relating to language. Fifth edtn 2003. Article 341(1) lays down the ultimate goal to be reached in the course of time. (2) Hindi is to take its place thereafter. There were many difficulties in adopting Hindi also it was not grown enough to replace English which had become language of administrative convenience specially for the country‟s intelligentsia felt difficulty in switching over to Hindi being accustomed to it for a long time. Reprint 2008. It was thus 14 Prof.CHAPTER . and a period of transition was to be given. The Constitutional formula has following elements: (1) English would be the official language for 15 years. that at some stage English has to be displaced from the position it has enjoyed during British period Secondly. (4) State may adopt any other language as its official language. For the non Hindi speakers the fear was that imposition of Hindi will give added advantage to them over them in administrative and civil services14. Hindi was provided as official language not as national language because the idea was that all regional language was to be regarded as the national languages. it is clear from the assembly debates referred above that two thing were accepted by all. According to Article 343(1) Hindi written in Devanagari script is to be the official language of the union. the Constitution contemplated a period of fifteen years for this purpose. As the Constitution makers did not desired to impose Hindi immediately. “Indian Constitutional Law”. The language provision in Constitution of India represents a compromise between the conflicting views held by the Hindi enthusiasts and others. Publisher-Wadhwa and Company Nagpur.

Extending the time for the use of the English language does not amount to abandonment of progress in the use of Hindi as the official language of the Union. the Supreme Court in the case of Union of India v. Parliament could thus permit the use of the English language beyond the fifteen years for some or all official purposes of the Union. “Article 343(3) provides merely for extension of time for the use of English language after the period of 15 years. of the constitution provides for the continued use of English for all official purposes of the Union for a period of 15 years from the date constitution comes into force. imposes the adherence to the 15 year period as mandatory.343(2) says during the initial period of 15 years. The progressive use of the Hindi language is thereby not to be the impaired. Second.343(3) authorizes the president to allow continuance of English beyond the period of fifteen years here the term „may‟ again evoked controversy. laying down that the first fifteen years international numerals shall be used and after that numerals in Devanagari script shall be used for specific purposes as provided by Article 343 (3) (b). peaceful change from English to Hindi. First use of Hindi during transition period.416 16 . and Devanagari form of numerals in addition to the international form. authorize the use of Hindi. 1965. the English language would continue to be used for that purpose. The Constitution does not. pg. Murasoli Maran15observed. as art. and Article 343(3)(a) empowers Parliament to extend the period of use of English by law for such purposes as may be provided in the law even after that period. Article 343 was very 15 (1977) 2 Supreme Court Cases. for any of the official purposes of the union.” As regards the numerals the constitution adopts a midway path. in addition to the English language. Commenting on Article 343(3). The growth and development of Hindi was necessary during the transition phase so that it could replace English on the appointed date. Therefore constitution provided for optional use of Hindi during the transition phase. Thus Article 343(2). Hindi shall be recognised as the official language at the union and that. Thus here Hindi will be used in addition to and not in place of English language.envisaged that from January 26. in the meanwhile. however. by order. Proviso to art. Hindi was considered as the ultimate goal to be achieved within fifteen years. it raised two sensitive issues. the President could.

Eight edtn 2007. Article 344(6) states that notwithstanding anything in Article 343. And the president shall act on the recommendation of the commission and not purely a governmental decision. Schedule viii was also introduced keeping in view art. consisting of thirty members. and scientific advancement of India and the interest of persons belonging to the non-Hindi speaking areas in regard to public services. cultural. After 1967 the matter was finally resolved. of whom twenty shall be member of the House of the People and ten shall be members of the Council of States in accordance with the system of proportional representation by means of the single transferable vote.delicately balanced compromise both Hindi and English was to continue indefinitely. “The Constitution of India”.the terms of referral can bei) Progressive use of Hindi language for official purposes ii) Languages to be used as court language. Official Language Commission Under art.16 16 P. iv) Any other matter referred by president. Bakshi. after consideration of the report referred to in clause (5) issue directions in accordance with the whole or any part of that report. the commission shall oversee the transition from English to Hindi. here importance of commission becomes important to ensure equality among all languages. iii) Form of numeral to be used for official purposes. While making recommendation the commission shall have due regard to the industrial. iii) Restriction on the use of English for all or any of the official purposes of the union. at 287.Reprint 2008.344 (1) after expiry of 5 years from the commencement of the constitution and thereafter every ten years President shall constitute by order a language commission consisting of members representing different languages as specified in Eight schedule. it shall be the duty of the Committee to examine the recommendations of the Constituted under clause (1) and to report to the President their opinion thereon. Universal Law Publication Co.M. Article 344(4) states that there shall be a Committee.344. 17 . the President may. According to Article 344(5).

for its official purposes. The state can adopt any language not even mentioned in viii schedule. if there are substantial number of people speaking a particular language than main language of that State and the State refuses to accede to it. Till such a law is made.348 requires that unless the parliament makes law in that regard all Bill to be introduced in parliament and Act passed by parliament or 18 . Article 345 authorises a State to adopt. by making a law. The choice of the State is not limited to languages mentioned in the viii Schedule. But till such law is enacted English shall continue to be used in that State. Another problem.Article345 provides that legislature of a state may pass a law for adopting any of the regional languages in use in State to be used in the state for official purposes. Similarly to get uniformity in interpretation of laws and to spread wider knowledge of law constitution prescribes languages for that purposes. This was necessary because different States adopting different official language.346 provides the via media and says that official language of the union shall be used for communication between union and State and between states interse. the English language is to continue to be the official language of the State.art. Language can create havoc and majority can refuse to recognise minority language. president may intervene and recognise it.art. The system of precedent also is used where high courts quote decision of each other as well as the supreme court if states adopt different regional languages.347 president may give direction for such purposes. Thus if people speaking a particular language get conglomerated in a specified area they may demand recognition of their language and under Art. or Hindi. any regional language or languages in use in the State. faced by the constitution makers were to come out with the scheme that will be followed in interstate and union state communication. Language of law and courts Language to be used in the courts also becomes important in view of the fact that India has a unitary judicial system. And with the Hindi speaking state Hindi may be used for communication.

art. jadish17“The M. the High Court dismissed an election petition drawn up in Hindi. It is too be noted that time limit of fifteen years does not apply to proceeding in the Supreme Court and high court. regulation shall be in English language.348 (3) says if the legislature of a state uses any regional language for Bills etc. Article 349 provides that during the period of fifteen years from the commencement of this Constitution. and the President shall not give his sanction to the introduction of any such Bill or the moving of any such amendment except after he has taken into consideration the recommendations of the Commission constituted under clause(1) of Article 344 and the report of the Committee constituted under clause (4) of that Article18.289 19 . The rules have to be read subject to Article 348(2)”. judgment and decree of the court shall be in English language till the parliament provides otherwise. 17 18 2001. no Bill or amendment making provisions for the language to be used for any of the purposed mentioned in clause(1) of Article348 shall be introduced or moved in either House of Parliament without the previous sanction of the President.legislature of state ordinances rules. However the Governor with the sanction of President may allow any regional language to be used in proceeding before High court. Accordingly. The Supreme Court has ruled that the High Court Could not do so. all this was done to maintain balance.then it shall provide an authoritative English translation. The effect of Article 348(2) has been explained by the Supreme Court in Vijay Laxmi Sadho v. But all decision. Parliamentary legislation may provide for language to be used in the Supreme Court and High court. 2 SCC 247 Supra note.P High Court rules required that the election petition to be filed in the Court should be drawn up in the English language.18 p. The High Court rules are only of a procedural nature and do not constitute “substantive law”.

Article 350 is related to art. 20 . It says that Every State and local authority shall make endeavour for providing adequate facilities for instruction in mother tongue at primary level of education to children of linguistic minority group. Article350B provides for appointment by the President of an special officer for linguistic minorities whose duty shall be to investigate all matters relating to safeguards provided for linguistic minorities and to report upon them to president as directed by him.347 (where President may direct recognition of language spoken by majority)it allows any citizen to use any language used either by the Union or State while addressing his grievances to any authority of the Union or State. and president is empowered to issue necessary direction to State for giving effect to this provision.351 imposes a duty upon the union to take steps for promote spread of Hindi language so that it may serve as medium of expression leading to development of composite culture.Special Directives: Chapter IV of the constitution lays down the special directives. such report shall be laid before parliament. Medium of instruction has other dimensions also one of the objectives behind education is that culture should flourish after education because every community wants to perpetuate its culture. One of the motive behind having a period of fifteen years for replacement of English by Hindi was that at that time Hindi was not grown enough as language therefore art. Or is sent to government of State. Article350A was introduced consequent upon linguistic reorganisation.

Jawaharlal Committee. Britishers had established the provinces for administrative convenience than as per their cultural homogeneity. Constituent assembly said linguistic reorganization was inevitable but it left it to be decided by Parliament itself. Sardar Patel and Pattabhi Sitaramaiah. However it suggested that Andhra Province could be formed provided the Andhra gave up their claim to the City of Madras (now Chennai). an unofficial Committee was constituted by the Congress. In 1928 the Nehru committee report endorsed the view of Congress at Nagpur session recommending territorial organization of States on linguistic lines. The Committee submitted its report in April 1949 to the working committee of the Indian National Congress. The Report provoked 21 . popularly known as J. it was thought that linguistic reorganization would promote real democracy. in order to promote progress of provinces and to make it strong language was found as basis. Linguistic reorganization was in fact very well part of national movement. consisting of Nehru. in the Montesquie-chemsford reforms the view was expressed that if the business of legislature is conducted in vernacular it would contribute to greater participation of those who have otherwise would have been left out. Simon commission also favored the view. Gandhijee and other national leaders realized the importance of regional revival as a tool to obtain mass support.V.CHAPTER THREE Linguistic Recognition and Rights of minorities During the 1950s there was demand for reorganization of states on linguistic basis. However. Congress accepted the proposal for linguistic Reorganization. The Committee recommended that the creation of Linguistic Provinces could be postponed by few years. But the Dar commission in its report in 1948 expressed its fear of National disintegration leading to narrow sub national loyalty. The demands were becoming prominent and a threat to national integrity.P. and in the 1920 Nagpur session. it had become difficult to bring harmony between regional interest and need for national unity and security.

jstor. The Role of Languages in the Development of National Consciousness in India. The argument against was that it will provoke regionalism and thus would create threat to National unity. K.19 In 1953 the central government in acute pressure yielded to demand for creation of Andhra state for Telugu language.. And it was desired that sub national loyalty should coexist with strong national unity. Vol. Because administration in local language will promote development according to wishes of people.aponline. 35. It will give impetus to cultural regeneration involving all people speaking one language. No.Published by: Modern Language Association Stable URL: http://www.org/stable/2699137Accessed: 24/11/2011 15:31 22 . 19 http://www. The report went into argument on both the sides for linguistic organization was that presence of two linguistic groups in state causes conflict and domination of majority over the minority linguistic group.it was given direction that essential consideration should be given to National integration and security keeping it in mind the commission was to make recommendation.in). 2 (Apr. They considered experience of Europe and found it one of the fundamental element influencing National identity. State policy and internal cohesion within the federating unit. PMLA. The view was expressed that not only language but other criteria like administrative convenience and national planning and development should also be taken into account. pp. The report concludes that "it is neither possible nor desirable to reorganize states on the basis of the single test of either language or culture. 20 D.20" Though the report on the whole supported establishment of new states on linguistic basis.violent reaction in Andhra as the Telugus were not prepared to forego their claims to the City of madras. 1957). Hingorani. Leading to appointment of States reorganization commission in 1954 it submitted its report in 1955. but that a balanced approach to the whole problem is necessary in the interest of our national unity. it proved to be water to the fire and now demand from various parts of the country started gaining momentum. And political decision making and administration by cohesive linguistic was hoped.gov. 72.

In addition to this by virtue of art. 23 . and mention of these languages in the (Viii) Schedule.In order to control linguistic fanaticism framers of the constitution apart from making Hindi as official language also contemplated a meaningful role for religious languages by providing for official language commission. a State Legislature can provide for use of a regional language for legislation though along with authorised English translation. Which gives a emotional satisfaction as well a constitutional status to these languages.it was mainly done taking into account recognized languages. But it leads to following unfortunate deviances also Discrimination in matters of public employment.  Arbitrary policy for medium of instruction  Discrimination in use of language on public forum  And exclusive prominence of regional language in administration and education. Despite constitutional safeguards ensuring development of regional language demand for linguistic reorganization could not be avoided and it finally occurred in 1957.348 (3).

and another language. Pacific Affairs.vol.2582 Dunncan B. The communication between union and Hindi speaking State in Hindi and with non Hindi speaking State communication will be in English language. Use of the term may in the Act was accepted with resistance there was apprehension that regional language will lose their existence.Enactment of official language Act 1963The transition period of fifteen years was due to expire on 1965 but language controversy of Hindi v.accessed on24/08/2010. In effect this meant two languages for the Hindi-speaking states and three for the others.1965. particularly on the people of the non-Hindi states22 It was apprehended that such widespread use of Hindi in government services would cause undue advantage to them in public employment .39.1/2 1966. while the regional language was to be the medium in education and state and local administration.Political protest and its effect on language policy in India.3. It seeks to accommodate the interests of group identity (mother tongues and regional 21 22 H.No.M.1996 vol. 23 English in Indian Bilingualism 1989. constitutional law of India. Prime Minister Nehru gave assurance that English will not be replaced until desired by non Hindi speaking states21." according to which both English and Hindi were to be used as link languages and taught in schools throughout India indefinitely.org/stable/2755179. English created such havoc that parliament had to enact Official Language Act 1963. As a result in1967 the official language Act was amended and Hindi and English accorded same status and English „shall‟ continue as official language for indefinite period of time. The act provided that English „may‟ continue to be used for indefinite period even after 1965.violent disturbances in south India started for extending use of English.22 24 .21. p.p.available at:www. as official language of the union. Hindi speakers were to study Hindi.Forrester The Madras Anti-Hindi Agitation. According to Kamal Sridhar23says.Seervai. It also provided for the Hindi translation of law enacted in regional language. fourth edtn. the Three Language Formula is "a compromise between the demands of the various pressure groups and has been hailed as a masterly-if imperfect-solution to a complicated problem.jstore. The Three-language Formula therefore imposes a great educational burden.they also felt that those who have Hindi as mother tongue need to learn only English.p. English. Three language formula"Three-language Formula.

2582 Gujarat university v.I. 30. Thus. use its power to determine the medium of instruction in such a manner as to effectuate minority right.A. a rule made by the Gujarat University prescribing Gujarati or Hindi as the sole medium of instruction and examination in its affiliated colleges was held to infringe the right of the Anglo-Indian under Article 30(1) and 30(2) insofar as their mother tongue was English and they would be prevented thereby from teaching through the English medium in their own institutions.A. The Punjab Government compulsorily affiliated certain colleges to the Punjabi University which prescribed Punjabi in the Gurumukhi script as the sole and exclusive medium of instruction and examination for certain 24 25 26 Supra note. and administrative efficiency and technological progress (English). and no one shall be denied admission in educational institution receiving grant out of state fund.25 But the recent trend is that government can impose regulation even if the institution does not receive aid. To hold otherwise will be to denude Article 29(1) and 30(1) of much of their content and the State should. State of Punjab26.Krishna Raghunath Mudhokar. Even though body of the article does not explicitly refer to it but it is implicit in it. By a notification." It would enable us to draw on the resources of English which is one of the richest and most widely spoken language of the world.1963 Supp.R. in which our political parliamentary. 1731 25 .23 p. judicial. which refers to “languages” confer broader rights upon linguistic minorities to preserve their “distinct language.112 1971. 350. Bhatinda v. In D. and educational institution are deeply rooted24 Rights of Linguistic Minorities: Articles 29. national pride and unity (Hindi).V. script or culture” (Article 29). therefore. College. Article 30 provides right to establish and administer educational institutions of their choice” A rule prohibiting a minority to use the medium of instruction of its own choice constitutes a restriction of the minority‟s right to administer its own institutions.languages).1 SCR. Majority does not need protection but minority need to conserve them.

Societies of Sisters28here in state of Oracon law provided that all children shall be sent to government school to ensure instruction in mother tongue. It is duty of those who nurture him and direct his destiny have a right coupled with duty to prepare him for higher education. child is not mere creature of state. 27 28 1988 I. In Pierce v. It held that the law may have started teaching in mother tongue but can‟t prohibit private school completely.2188.S. it was challenged and struck down by Supreme Court of United States.R Kar.19 (1) (g) and it successeded also as better business proposition. It further said.L.308 26 . Right to choose medium of instruction is right of parents. Management contended that education is our business under art. State of Karnataka27here government denied permission to open English medium sections and Kannada medium were already there.courses.art. The Supreme Court declared that it violated the right of the Arya Shamajists to use their own script in the colleges run by them and compulsorily affiliated to the University. In Shahyadri Education Trust v.19 (1) was referred student can express himself in the medium he wants. (1925)268 U.

where English has been accepted a language due to practical necessity. 24. 1996). Honors thesis aug.1996 At: http://www. it is possible now to explore what the current situation is and what it means to Indians today. Jason Ball ridge. 29 (The Hindu on India server. Feb. Jan.30.edu/~jason2/papers/natlang.htm#background 27 . In February.CHAPTER FOUR Language issue in today’s India After considering the above issues it needs to be pondered over whether language still a debatable issue. 30.upenn. there are few instances: The DMK recently declared that "Tamil is the natural expression of Tamil nationalism. 1996).ling. TamilNadu's Education Minister stated that "the State Government would stand by the two-language formula of having only Tamil and English and would defeat all efforts to impose Hindi in any form" (The Hindu on India server. and the Central Government should declare it an official language on par with Hindi and English. and the Central Government should declare it an official language on par with Hindi and English. 1996 33. The DMK recently declared that "Tamil is the natural expression of Tamil nationalism. Even though the issue is perhaps less of an issue now. to protect the identity and individuality of the language" In February. to protect the identity and individuality of the language"29 (The Hindu on India server. it remains ever present in the background. Tamil Nadu's Education Minister stated that "the State Government would stand by the two-language formula of having only Tamil and English and would defeat all efforts to impose Hindi in any form"30 These instances show that the issue is not settled yet the view is expressed if Hindi had not been imposed then it would have better grown. Reconciling Linguistic Diversity: The History and future of Language Policy in India University of Toronto. 24. Jan. 30 The Hindu on India server. 1996). Having explored the background of the language issue. Feb. What importance does it have today for Indians? Though it has receded into background but still once in a while it evokes emotions.

and has become language of elite and intelligentsia but still confined to three to four percent. there is also no denial of the fact that we in India have multi cultural diverse society probably not found anywhere in the world so coming at the consensus over a single National Language is hardly a realisable goal therefore Indian constitution has very beautifully tried to strike the balance between various conflicting interest keeping above all national interest and security. and it has no less importance than religion. Linguistic reorganisation of state was done respecting our democratic spirit where everyone has its say and to remove racial and cultural strife. In south India English language is used as tool to protect their interest so there is no pressure for its application in higher education31. Still in some parts of the country which now and 28 . But English has to be developed as a second language to serve as our link to outside world. English is not acceptable for various reasons one of them being a foreign language and a testimony of our slavery. Retention of Hindi is justified on the ground that it is symbol of our culture. The country has very boldly responded to whatever challenges has it has been exposed to. In south the argument is that English alone can serve as link language which can guarantee political unity of India. And large mass is still under passion of regional language. English in spite of being a foreign language is playing a very prominent role being a window to the outside world. ConclusionAny society attaches great importance to their language because language is identified with culture and tradition.REPLACING ENGLISH BY HINDI-: IS the proposal viable? Leaders of the freedom movement had sought to make Hindi as a link language but the idea could not be realized because in is considered to be an imposition by south people. People have pride for their language they may accept English for convenience but will not allow it the status of National language.

With regard to opposition of Hindi I want to put forward the view that in the global village relevance of English is increasing. 29 . i) Though administration should be I majority language but regional language should also be protected. so we also being desirous of social economic and cultural development. Expectation and desire of majority can‟t be ignored in democracy but interest of minority should also guide the policy makers. Thus I am of the view that if three language formula is implemented in its true spirit then the problem is not so much of language conflict. iii) The most prominent reason of language conflict has been discrimination by policy makers in conferring political advantages such practice should be discouraged. A common man in our country is hardly very much interested in indulging himself in such debates.then faces the linguistic fire due to some vested interest. ii) There is need to rise above narrow constraint of language fanaticism which does not actually leads to development of any language community rather hinders its enrichment. and is bound to increase it has emerged as a link language between different countries. cannot and should not resist its adoption. So what the constitution makers contemplate and should also be our effort how while furthering interest of majority interest of minority is also protected. SuggestionsAfter looking at all the issues discussed above I have come up with following suggestions.

“The Constitution of India”. 5) Rao Subba G.M. M.1996 at: http://www.edu/~jason2/papers/natlang. 3) Kashyap S.htm#background 30 . Constitutional law of India.BIBLIOGRAPHY A) BOOKS1). Bakshi. 6). Universal Law Publication Co. Honors thesis aug.3 7) Shukla‟s Constitution of India by Mahendra Pratap Singh ninth edition 1994. vol.V.4 1967.tripod.M. Reconciling Linguistic Diversity: The History of language Policy in India. 2) Jain. edited by B Shiva Rao.htm B) ARTICLES AND JOURNALS1) Balridge Jason. vol.1996 vol. P. Indian constitutional law.ling. University of Toledo.C Framing of India‟s constitution.P “Indian Constitutional Law”. 1996. Wadhwa and Company Nagpur. select Document. Eastern Book company Lucknow. Fifth edtn 2003. second edition 2004.Seervai H. Reprint 2008. Eight edtn 2007. 8) Paul R. 4) The Framing of India‟s Constitution. fourth edtn.com/Languages2.upenn.The Politics of India since Independence (The New Cambridge History of India) available at: http://adaniel. Bras.1first edition 1970.C.Reprint 2008.

Shahid. Vol.2002 .2).jstor. The Role of Languages in the Development of National Consciousness in India. Pacific Affairs.jstor. 1978) Stable URL: http://www. 2009). Vol. Vol.Forrester The Madras Anti-Hindi Agitation. One Nation: Quest for an All-India Language.. PMLA. 25 (Jun.org/stable/2699137Accessed: 24/08/2010 15:31 5) Karat Parkash Problems of National Unity: Historical and Economic Roots of Regionalism Social Scientist.V Many Languages.vol.March 1117. 24.jstore. 72.No. No. No.1/2 1966 available at:www. 1957).org/stable/3516832Accessed: 24/08/2010 15:09 6) Parvez. 9 (Sep. 40(10).accessed on24/08/2010 4) Hingorani. D. pp. 2 (Apr.jstor.K.33. 1984) Stable URL: http://www.K. 31 ..org/stable/4366750 Accessed: 18/08/2010 14:26 . 13. 12.R. Political protest and its effect on language policy in India.org/stable/2755179. Available at SSRN: http://ssrn. 1965.39. Economic and Political Weekly.com 7)Rao V. Linguistic States & the Language Policy in India (November 9. No.Devnathan R” Three Language Formula and Sanskrit “University News. 3) Dunncan B. 37Published by: Modern Language Association Stable URL: http://www.

Sign up to vote on this title
UsefulNot useful

Master Your Semester with Scribd & The New York Times

Special offer: Get 4 months of Scribd and The New York Times for just $1.87 per week!

Master Your Semester with a Special Offer from Scribd & The New York Times