Constitutional Provisions regarding languages in India

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

 

 

Constitutional Provisions regarding languages in India-

Tanmoy Mukherjee

[Advocate]

The Constitution of India contains detailed provisions regarding languages, primarily under Part-XVII (Art-343 to Art-351). These provisions cover the official language of the Union, Regional languages and efforts to promote Hindi and protect linguistic diversity.

Constitutional Provisions - (Art-343 to 351 & VIII Schedule), (Art 343 to 344).

Official Language of the Union-

Article - 343(1) - The official language of the Union shall be Hindi in Devanagari Script.

Article - 343(2) - For a period of 15 years from the commencement of the constitution, English could continue to be used alongside Hindi.

Article - 343(3) - Parliament may by law provide for the continued use of English beyond the 15 years period. (The official languages Act, 1963)

Article 344 - It provides for the Constitution of a Commission and the Committee of the Parliament after 5 years to promote the spread of Hindi.

Regional Languages and State Official Languages-

Article 345 - A State may adopt any language used in the State as its official language or continue using English.

Article-346 - Communication between a State and the Union shall be in Hindi or English, unless otherwise authorized.

Article-347 - Provides for recognition of a language spoken by a section of the population of a state if demanded.

Special Language (Art-350 to Art-351):

Article-350- Every person has the right to submit a representation to any authority in any of the languages used in the Union or State.

Article-350 A - States should provide primary education in mother tongue for children belonging to linguistic minority groups.

Article-350 B - Provides for the appointment of a Special Officer for Linguistic Minorities by the President.

Article-351 - Directive to the Union to promote the spread of Hindi developed it to serve as a medium of expression for all Indian cultures, while enriching it by assimilating elements of other Indian languages.

8th Schedule of the Constitution-

Originally included 14 languages, now includes 22 languages.

These languages are recognized for-

1. Representation in Sahitya Academy.
2. Eligibility for Public Service Commission.
3. Efforts in development and preservation.

22 languages-

Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithili, Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Santali, Sindhi, Tamil, Telugu and Urdu.

Present Scenario -

1. India has no national language.
2. Hindi and English are official languages at Union Level.
3. States are free to adapt their own official language.
4.  The Constitution balances the promotion of Hindi with protection of linguistic diversity.
5.  The Official Language Act, 1963 allows continued use of English indefinitely.

Reference Cases-