Which Language Governs? Hindi, English, and the Constitutional Framework for Official Communication

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

---

• 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).

---

• 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.

---

• 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.

---

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.

---

• 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.

---

• 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.

---

• 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.

---

• 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.