EDITORIALS & ARTICLES

Official languages under the Indian Constitution

  • Under Article 343(1), the official language of the Union shall be Hindi in Devanagari script, while Section 3 of the Official Language Act, 1963 talks about the continuance of the English language for official purposes of the Union and for use in Parliament. 
  • However, The Eighth Schedule of the Indian Constitution enumerates the official languages of the Republic of India.  

Part XVII of the Constitution deals with the official language in Articles 343 to 351

Articles

Provisions

1. Language of the Union

Article 343(1) 

  • The official language of the Union shall be Hindi in Devanagari script. The form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals.

Article 343(2)

  • For a period of fifteen years from the commencement of the Constitution, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before the commencement of the constitution.
    • However, the  President  may authorize the use of the Hindi language in addition to the English language for any of the official purposes of the Union.

Article 344

  • Official language commission to be constituted by the President.

2. Regional Languages 

Article 345

  • The Legislature of a State can adopt any one or more of the languages in use in the State or Hindi as the language to be used for any of the official purposes of the State. 

Article 346 

  • Official language for communication between one State and another or between a State and the Union. 

Article 347

  • President can direct any language that shall also be officially recognized throughout that State or any part of the state. 

3. Language of the Judiciary

Article 348(1)

  • Until Parliament by law provides English should be used in the following areas all the proceedings in the Supreme Court and in every High Court, the authoritative texts of all bills and ordinances shall be in the English language.  

Article 348(2)

  • The Governor of a State, with the previous consent of the President, authorizes the use of the Hindi language or any other language to be used for any official purposes of the State in proceedings in the High Court having its principal seat in that State.
  • However, the judgments, decrees, and orders of the high court must continue to be in English only.

Article 348(3)

  • A state legislature can prescribe the use of any language (other than English) with respect to bills, acts, ordinances, etc.
  • However, a translation of the same in the English language is to be published.

4. Special directives

Article 350

  • Language to be used in representations for redress of grievances.

Article 350A

  • Facilities for instruction in mother-tongue at primary stage

Article 350B(1)

  • Special Officer for linguistic minorities.

Article 351

  • Directive for development of the Hindi language

 Official Language Commission

The Official Languages Commission is to be established by the President in accordance with Article 344 of the Indian Constitution. The commission was constituted in 1955 via a notification of the Ministry of Home Affairs

  • Article 344: 
    • At the expiration of five years from the commencement of the Constitution and thereafter at the expiration of ten years from such commencement, the president should constitute a commission. 
    • This commission shall consist of a Chairman and such other members representing the different languages specified in the Eighth Schedule as the President may appoint, and the order shall define the procedure to be followed by the Commission. 
  • Article 344(2):  It shall be the duty of the Commission to make recommendations to the President as to: 
    • The progressive use of the Hindi language for the official purposes of the Union.
    • restrictions on the use of the English language for all or any of the official purposes of the Union.
    • The language to be used for all or any of the purposes mentioned in article 348.
    • The form of numerals to be used for any one or more specified purposes of the Union.
    • Any other matter referred to the Commission by the President.

Significant provisions of the Official Language Act, 1963

    • The Official Language Act, 1963 was enacted to provide for the languages which may be used for the official purpose of the Union, for the transaction of business in Parliament, for Central and State Acts, and for certain purposes in High Courts.
  • Language of the Union
    • At the expiration of the period of fifteen years from the commencement of the Constitution, the English language can continue to be used in addition to Hindi.
    • A translation in Hindi should be published of any Ordinance promulgated by the President, of any order, rule, etc, issued under the Constitution of India.  
    • The authoritative text in the English language of all bills shall be accompanied by a translation of the same in Hindi.
  • Regional language
    • English is mandated as the medium of communication between the Union and the non-Hindi states. 
  • Language of the Judiciary 
    • The Governor of a State, with the previous consent of the President, authorize the use of Hindi or the official language of the State, in addition to the English language.
    • Any judgment, decree, or order is passed or made in any such language (other than the English language), it shall be accompanied by an English translation. 
  • Other provisions
    • Committee on Official Language: 
      • After the expiration of ten years from the date on which section 3 comes into force, a committee shall be constituted to review the progress made in the use of Hindi for the official purposes of the Union.
    • Power to make rules: 
      • The Central Government can make rules for carrying out the purposes of this Act.
  • How many languages are there in the Eighth Schedule, and what are the benefits of inclusion under the Eighth Schedule? 
    • The Eight Schedule tries to ensure equitable representation for the multi-ethnic and multi-lingual nation.

 Eighth Schedule of the Constitution consists of the following 22 languages:

Assamese

Bengali 

Gujarati

Hindi 

Dogri (2004)

Kannada

Kashmiri

Konkani (1992)

Malayalam

Maithili (2004)

Manipuri (1992)

Marathi

Nepali (1992)

Oriya

Bodo (2004)

Punjabi

Sanskrit

Sindhi (1967)

Tamil

Santhali (2004)

Telugu

Urdu

 

 

 

Benefits of inclusion under the Eighth Schedule:

  • The National Sahitya Akademi recognizes the languages of the Schedule as literary languages by default.
  • The Eighth Schedule has played the important role of an arbitrator in deciding the medium of instruction in secondary schools. The languages used should be modern Indian languages mentioned in the Eighth Schedule of the Constitution as well as English.
  • The All-India level competitive examinations are conducted for entrance into higher and technical education and employment by different organizations. The Eighth Schedule languages are used by them in selected spheres.

 What steps could be taken to protect the linguistic diversity of India? 

India is a country with immense linguistic diversity. To protect this linguistic diversity, there are several steps that can be taken:

  • Encourage multilingual education: Children should be taught their mother tongue apart from other languages at the school level to preserve the regional languages and promote multilingualism.
  • Documenting and preserving languages: The government can set up a national database to document and preserve endangered languages.
  • Promote the use of regional languages: The government can promote the use of regional languages in official communication. This will help to protect the linguistic diversity of India. 
  • Language policies: The government can implement language policies that promote the use of regional languages in various domains, such as government offices, media, and the entertainment industry.
  • Protect linguistic rights: Ensure that all languages are respected and protected under the law and that minority language speakers have equal access to education, government services, and employment opportunities.

 

 







POSTED ON 07-05-2024 BY ADMIN
Next previous