Official Language

Part XVII of the Constitution (Articles 343 to 351) deals with language policy in India, divided into four heads:

1. Language of the Union
2. Regional Languages
3. Language of the Judiciary and Texts of Laws
4. Special Directives

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• Hindi in Devanagari script is the official language of the Union.
• However, numerals for official Union purposes must be in the international form of Indian numerals (not Devanagari numerals).
• For the first 15 years from the Constitution's commencement (1950–1965), English continued as the official language for all Union purposes.
• Even beyond 15 years, Parliament may provide for continued use of English for specified purposes.

Language Commission

• The President was required to appoint an Official Language Commission at the end of 5 years and again at 10 years to recommend progressive use of Hindi and restrictions on English.
• A Parliamentary Committee (20 Lok Sabha + 10 Rajya Sabha members) was to examine the commission's recommendations.
• In 1955, the President appointed the first commission under B G Kher; its report was examined by a committee under Gobind Ballabh Pant (1957). A second commission (due in 1960) was never appointed.

Official Language Act, 1963

• Provides for continued use of English alongside Hindi for all official Union purposes and for Parliamentary business — without any time limit.
• Amended in 1967 to make use of English compulsory alongside Hindi in specified cases (e.g., resolutions, official reports, contracts, notices issued by the Central Government).

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• The Constitution does not specify the official language of any state.
• State legislatures may adopt any language in use in the state or Hindi as the state's official language; until then, English continues.
• Most states have adopted the dominant regional language (e.g., Telugu in AP, Malayalam in Kerala, Bengali in West Bengal).
• Nine northern states — Himachal Pradesh, UP, Uttarakhand, MP, Chhattisgarh, Bihar, Jharkhand, Haryana, Rajasthan — have adopted Hindi.
• Jammu and Kashmir adopted Urdu (not Kashmiri); northeastern states like Meghalaya, Arunachal Pradesh, and Nagaland adopted English.
• The state's choice is not limited to Eighth Schedule languages.

Inter-State and Union-State Communication

• English remains the link language between the Union and states and between states.
• Two or more states may mutually agree to use Hindi for inter-state communication.
• The Official Language Act (1963) mandates English for communication between Union and non-Hindi states; if Hindi is used to a Hindi state, it must be accompanied by an English translation when sent to a non-Hindi state.

Presidential Recognition

• If the President is satisfied that a substantial proportion of a state's population desires recognition of their language, he may direct the state to officially recognise that language — a provision aimed at protecting linguistic minorities within states.

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• Until Parliament provides otherwise, the following must be in English only:

  • All proceedings in the Supreme Court and every High Court
  • Authoritative texts of all bills, acts, ordinances, orders, rules, regulations, and bye-laws at both central and state levels

• A Governor, with the prior consent of the President, may authorise the use of Hindi or the state's official language in High Court proceedings — but not for judgements, decrees, or orders.

• A state legislature may prescribe any language (other than English) for bills, acts, etc., but must publish an English translation.

• The Official Language Act (1963) enables a Governor, with prior Presidential consent, to authorise Hindi for High Court judgements too — subject to English translation.

  • States that use Hindi for HC judgements: UP, MP, Bihar, Rajasthan.

• The Supreme Court continues to use English only; Parliament has made no provision for Hindi in the SC. A 1971 attempt to argue in Hindi in the SC was rejected.

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Protection of Linguistic Minorities

1. Every person has the right to submit representations to Union or state officers in any language used in that Union or state — representations cannot be rejected on language grounds.
2. Every state and local authority must provide adequate facilities for mother-tongue instruction at primary level for children belonging to linguistic minorities. The President may issue directions.
3. The President shall appoint a Special Officer for Linguistic Minorities to investigate constitutional safeguards and report to him. These reports are placed before Parliament and sent to the concerned states.

Development of Hindi

• The Centre has a constitutional duty to promote and develop Hindi so it becomes the lingua franca of India's composite culture.
• Hindi is to be enriched by drawing from Hindustani and languages of the Eighth Schedule, with vocabulary drawn primarily from Sanskrit and secondarily from other languages.

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• Currently specifies 22 languages (originally 14 in 1950).
• Additions: Sindhi (21st Amendment, 1967); Konkani, Manipuri, Nepali (71st Amendment, 1992); Bodo, Dogri, Maithili, Santhali (92nd Amendment, 2003).
• The 96th Amendment Act (2011) substituted "Odia" for "Oriya".
• Two purposes of Eighth Schedule listing:
  1. Members of these language communities get representation in the Official Language Commission.
  2. Their forms, styles, and expressions contribute to the enrichment of Hindi.

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• Constituted in 1976 under the Official Language Act, 1963 (which required it 10 years after the Act came into force).
• Comprises 30 MPs: 20 from Lok Sabha, 10 from Rajya Sabha — elected by proportional representation via single transferable vote.
• Functions: Reviews progress in official use of Hindi; submits reports with recommendations to the President, who places them before Parliament and sends them to state governments.
• By convention, the Union Home Minister chairs the committee.
• Presents reports in parts, each addressing a specific aspect of official language policy.

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• A new category introduced in 2004 by the Government of India.
• Criteria (laid down in 2006):
  • Recorded history/early texts of 1,500–2,000 years
  • A body of ancient literature considered a valuable heritage
  • An original literary tradition (not borrowed)
  • Possible discontinuity between the classical and modern forms

• Benefits: Centre of excellence funding, two major scholar awards, UGC chairs in Central Universities.

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• The 15-year English continuation and Parliament's power to extend it indefinitely are key facts.
• SC proceedings are English only — Parliament has made no change; HC proceedings may use regional language with Presidential consent.
• The Eighth Schedule has 22 languages — know the additions and their amendments.
• The Special Officer for Linguistic Minorities is a Presidential appointee — not a parliamentary body.
• Classical language status is a Government of India designation, not a constitutional provision.