Official Language Part VII of the Constitution

Official Language (Part XVII of the Constitution)

Part XVII of the Indian Constitution, comprising Articles 343 to 351, deals with the official language of the Union and the States, language of the judiciary, and special directives regarding language. It establishes a framework for India's linguistic diversity while promoting Hindi as the official language of the Union.

Chapter I: Language of the Union (Articles 343-344)

• Article 343: Official language of the Union
  • Declares Hindi in Devanagari script as the official language of the Union.
  • The form of numerals to be used for official purposes of the Union is the international form of Indian numerals.
  • Initially, English was to continue as the official language for all official purposes of the Union for a period of fifteen years from the commencement of the Constitution (i.e., until January 26, 1965).
  • Parliament was empowered to provide for the use of English language, or the Devanagari form of numerals, for such purposes as may be specified by law, even after the initial fifteen-year period.
  • The Official Languages Act, 1963, provided for the continued use of English, in addition to Hindi, for official purposes of the Union even after 1965.
• Article 344: Commission and Committee of Parliament on official language
  • Provides for the constitution of a Commission by the President after five years and then after ten years from the commencement of the Constitution.
  • Composition of the Commission:Chairman and other members representing the different languages specified in the Eighth Schedule.
  • Duty of the Commission:To make recommendations to the President regarding:
    • The progressive use of the Hindi language for 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 by the President regarding the official language of the Union and the language for communication between the Union and a State or between States.
  • Committee of Parliament:A committee consisting of 30 members (20 from Lok Sabha, 10 from Rajya Sabha) is constituted to examine the recommendations of the Official Language Commission.
  • The President may, after considering the report of the Committee, issue directions in accordance with the whole or any part of that report.

Chapter II: Regional Languages (Articles 345-347)

• Article 345: Official language or languages of a State
  • Subject to the provisions of Articles 346 and 347, 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 official language or languages for all or any of the official purposes of that State.
  • Until the Legislature of the State otherwise provides by law, 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 the Constitution.
• Article 346: Official language for communication between one State and another or between a State and the Union
  • The language for communication between one State and another, and between a State and the Union, shall be the official language of the Union (Hindi).
  • If two or more States agree that Hindi should be the official language for communication between such States, that language may be used for such communication.
  • Until Hindi is adopted by a State, English shall be used for communications from the Union to that State, and from that State to the Union.
• Article 347: Special provision relating to language spoken by a section of the population of a State
  • On a demand being made by a substantial proportion of the population of a State that any language spoken by them should be officially recognised throughout that State or in any part thereof, the President may, if he is satisfied that such a demand is supported, direct that such language shall also be officially recognised throughout that State or any part thereof for such purposes as he may specify.

Chapter III: Language of the Supreme Court, High Courts, etc. (Articles 348-349)

• Article 348: Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.
  • Unless Parliament by law otherwise provides, all proceedings in the Supreme Court and in every High Court, and the authoritative texts of all Bills, Acts, Ordinances, Orders, Rules, Regulations, and Bye-laws at the Union and State levels, shall be in the English language.
  • The Governor of a State may, with the previous consent of the President, authorise the use of Hindi or any other official language of the State, in proceedings in the High Court having its principal seat in that State, provided judgments, decrees, and orders issued by such High Court shall be in English.
• Article 349: Special procedure for enactment of certain laws relating to language
  • No Bill or amendment making provision for the language to be used for any of the purposes mentioned in Article 348 shall be introduced or moved in either House of Parliament without the previous sanction of the President.
  • The President shall not give his sanction unless the Bill or amendment has been examined by the Official Language Commission and Committee mentioned in Article 344.

Chapter IV: Special Directives (Articles 350-351)

• Article 350: 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, as the case may be.
• 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.
  • The President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.
• Article 350B: Special Officer for linguistic minorities
  • Provides for the appointment by the President of a Special Officer for linguistic minorities.
  • 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.
  • The President shall cause all such reports to be laid before each House of Parliament and sent to the Governments of the States concerned.
  • (Inserted by the 7th Constitutional Amendment Act, 1956)
• Article 351: Directive for development of the Hindi language
  • It is the duty of the Union to promote the spread of the 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.
  • This development is to be achieved by drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages specified in the Eighth Schedule.

Significance for UPSC

• Part XVII reflects a nuanced approach to India's linguistic diversity, aiming to balance national integration with regional autonomy and minority protection.
• Understanding the dual role of Hindi (official language) and English (associate official language) is crucial.
• The provisions for regional languages and protection of linguistic minorities (Articles 347, 350A, 350B) are important for questions on federalism and social justice.
• The role of the Official Languages Act, 1963, in implementing Article 343 is a frequently tested concept.
• The directive principles in Articles 350-351 highlight the constitutional mandate for promoting Hindi while respecting other Indian languages.

The Eighth Schedule of the Constitution lists the languages recognized by the Constitution, currently 22 languages, which is often linked with Part XVII provisions for the Official Language Commission and the development of Hindi.