The Official Language Provisions in the Indian Constitution

Introduction

The Indian Constitution contains several articles that outline the use and status of languages within the Union of India. These provisions cover the official language of the Union, the official languages of states, communication between states, and the use of languages in the judiciary and for legislative purposes.

Chapter I: Language of the Union

  1. Article 343: Official Language of the Union
    • Primary Language: Hindi, written in the Devanagari script, is the official language of the Union.
    • Numerals: The international form of Indian numerals (like 1, 2, 3, etc.) will be used for official purposes.
    • Transitional Use of English: For the first fifteen years after the Constitution’s commencement, English will continue to be used for official purposes as it was before.
    • President’s Authority: The President can authorize the use of Hindi along with English and the Devanagari numerals along with international numerals during these fifteen years.
    • Post Fifteen Years: After fifteen years, Parliament can decide to continue using English and/or Devanagari numerals for official purposes.
  2. Article 344: Commission and Committee of Parliament on Official Language
    • Constitution of the Commission: Five years after the Constitution starts and every ten years thereafter, the President will form a Commission to review the language policy. This Commission will include members representing different languages from the Eighth Schedule of the Constitution.
    • Duties of the Commission: The Commission will recommend:
      • How Hindi can be progressively used for official purposes.
      • How the use of English can be restricted.
      • The appropriate language for different purposes under Article 348.
      • The form of numerals to be used for specified purposes.
      • Other language-related matters as directed by the President, including communication between states and the Union.
    • Considerations for Recommendations: The Commission will consider India’s industrial, cultural, and scientific progress and the interests of non-Hindi speaking regions.
    • Parliamentary Committee: A committee with 30 members (20 from the House of the People and 10 from the Council of States) will review the Commission’s recommendations and report their opinions to the President.
    • Presidential Directions: The President can issue directives based on the committee’s report regarding the use of language.

Chapter II: Regional Languages

  1. Article 345: Official Language of a State
    • State’s Choice: State legislatures can decide their own official languages for state purposes. They can choose Hindi or any language in use within the state.
    • Continuation of English: Until a state legislature decides otherwise, English will continue to be used for official purposes in the state as it was before the Constitution commenced.
  2. Article 346: Communication Between States and the Union
    • Common Official Language: The language authorized for use by the Union will also be the language for communication between states and between a state and the Union.
    • Mutual Agreement on Hindi: States can agree to use Hindi for communication between themselves.
  3. Article 347: Recognition of Language in a State
    • Presidential Direction: The President can direct a state to officially recognize and use a language spoken by a significant portion of its population for specified purposes if there is a demand for it.

Chapter III: Language of the Supreme Court, High Courts, and for Acts, Bills, etc.

  1. Article 348: Language in Judiciary and Legislative Documents
    • Judicial Proceedings: English will be used for all proceedings in the Supreme Court and High Courts unless Parliament decides otherwise.
    • Legislative Texts: Authoritative texts of bills, amendments, acts, ordinances, and rules must be in English.
    • State Legislature’s Language: States can use their own languages for legislative texts, but an English translation must be published and will be considered authoritative.
  2. Article 349: Enacting Language Laws
    • Special Procedure: For the first fifteen years, any bill or amendment related to the language used for judiciary and legislative purposes (as in Article 348) requires the President’s approval, considering the recommendations from the language commission and committee.

Chapter IV: Special Directives

  1. Article 350: Representation for Grievances
    • Language for Grievances: People can submit grievances to any Union or State officer or authority in any language used in the Union or the state.
  2. Article 350A: Instruction in Mother Tongue
    • Educational Facilities: States and local authorities should provide primary education in children’s mother tongues, especially for linguistic minorities. The President can issue directions to ensure this.
  3. Article 350B: Special Officer for Linguistic Minorities
    • Appointment: The President appoints a Special Officer for linguistic minorities.
    • Duties: The officer investigates issues related to the protection of linguistic minorities and reports to the President, who will present these reports to Parliament and the concerned state governments.
  4. Article 351: Promotion of Hindi
    • Development of Hindi: The Union is responsible for promoting the spread of Hindi to ensure it can express India’s composite culture. Hindi should be enriched by incorporating elements from Hindustani and other Indian languages, drawing primarily from Sanskrit.

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