Malcolm Rivera
The Constitution of India contains several provisions regarding language, reflecting the country's diverse linguistic landscape. Article XVII, comprising Articles 343 to 351, outlines the framework for the official language, including the language of the Union, regional languages, and the language of the judiciary. Notably, the Constitution does not specify an official language for different states, allowing flexibility for states to adopt languages that best represent their populations. English serves as the link language for communication between the Union and states, although states have the freedom to mutually agree to use Hindi. The Constitution also includes directives to protect linguistic minorities and promote the development of Hindi, demonstrating a commitment to inclusivity and the preservation of India's rich linguistic heritage.
| Characteristics | Values |
|---|---|
| Official language of India | Hindi, written in Devanagari script |
| Official language of union | English |
| Official languages of British India before independence | English, Hindustani and other Indian vernaculars |
| Official language of states | States may adopt any one or more of the languages in use in the state or Hindi as the official language |
| Link language for communications between the Union and states | English |
| Language for communication between two or more states | Hindi or English |
| Language for redress of grievances | Any language used in that state |
| Language for representation in the Supreme Court | English |
| Language for texts of laws | English |
| Language for authoritative text of Bills | English and Hindi |
| Language for addressing the House | Mother tongue, with Speaker's permission |
| Language for primary education | Mother tongue |
| Official languages of the Republic of India | 22 languages, including Hindi |
| Official Languages Act, 1963 | Provision for the continuation of English as an official language alongside Hindi |
| National Education Policy, 1968 | Three-language formula to accommodate Hindi, English, and a modern Indian language |
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What You'll Learn
The official language of the Union is Hindi
The Indian Constitution, adopted in 1950, outlines the official language of the Union as Hindi, with English serving as an additional official language for a maximum of 15 years. This provision, known as the 'Munshi-Ayyangar formula', was proposed to accommodate the linguistic diversity across India, particularly the disparity between North and South.
Article XVII, encompassing Articles 343 to 351, establishes the framework for the official language, addressing the Language of the Union, regional languages, the language of the judiciary, and texts of laws. The Constitution does not specify an official language for individual states, allowing them to adopt one or more languages in use within their state or Hindi. States have the autonomy to regulate the use of their official language in public administration.
The Official Languages Act of 1963, effective from January 26, 1965, continued English as an official language alongside Hindi. This act, along with the Official Languages Rules of 1976 and statutory instruments, guides the Union government's language usage. The Union government employs English as a "subsidiary official language" alongside Hindi, aiming to progressively increase Hindi usage. The Department of Official Language, established in 1975, sets annual targets for Hindi correspondence, and the Kendriya Hindi Samiti formulates policies to promote Hindi.
The Constitution includes directives to protect linguistic minorities and promote Hindi. For instance, individuals can submit petitions to state governments in any language used in that state. The President can direct states to recognise a language if a substantial proportion of the population desires it. Additionally, states should provide primary education in the mother tongue for all linguistic minorities.
The Supreme Court, however, only hears petitions and appeals in English, and there are no provisions for the use of Hindi. The Constitution's provisions reflect a commitment to balancing linguistic diversity with administrative efficiency and national cohesion.
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English as an additional language
India has a diverse range of languages and mother tongues, and the country has a large population that speaks English as an additional language. The constitutional provisions regarding language in India reflect a commitment to accommodating the linguistic needs of diverse populations while maintaining administrative efficiency and national cohesion.
The Indian Constitution, adopted in 1950, initially declared Hindi as the official language and English as an additional official language for a maximum of 15 years. This was known as the 'Munshi-Ayyangar formula'. However, the Official Languages Act of 1963, which came into effect on 26 January 1965, continued the use of English as an official language alongside Hindi indefinitely. This act also provided for the use of English in the transaction of business in Parliament and for communication between the Union and states that had not adopted Hindi as their official language.
The Constitution does not specify the official language of individual states, allowing each state legislature to adopt one or more of the languages used in the state, or Hindi, as its official language. Until a state makes this decision, English remains the official language of that state. States have the right to regulate the use of their official language in public administration, and neither the Constitution nor central enactments impose restrictions on this right.
To promote the use of Hindi, annual targets are set by the Department of Official Language for the amount of correspondence conducted in Hindi. The Kendriya Hindi Samiti, established in 1967, makes policy decisions and establishes guidelines for the promotion of Hindi. Additionally, Town Official Language Implementation Committees are formed in cities with more than ten central government offices, and cash awards are given to government employees who write books in Hindi.
The Constitution also contains special directives to protect the interests of linguistic minorities and promote the development of Hindi. These include the right to submit petitions for the redress of grievances in any language used in a state, regardless of its official status, and the requirement for states to provide primary education in the mother tongue for all linguistic minorities.
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State language provisions
The Constitution of India does not specify the official language of different states. However, it makes the following provisions:
State legislatures may conduct their business in their official language, Hindi, or English for a transitional period. Members who cannot express themselves in any of these languages may use their mother tongue with the Speaker's permission. The legislature of the state may adopt any one or more of the languages in use in the state or Hindi as the official language of the state. Until that is done, English is to continue as the official language of that state. States are not confined to selecting languages listed in the Eighth Schedule of the Constitution.
The authoritative text of all laws must be in English unless Parliament passes a law permitting a state to use another language. If the original text of a law is in a different language, an authoritative English translation of all laws must be prepared. The state has the right to regulate the use of its official language in public administration, and in general, neither the constitution nor any central enactment imposes any restriction on this right.
The President may direct a State to officially recognise a language spoken in its territory for specified purposes and in specified regions if its speakers demand it and satisfy him that a substantial proportion of the State's population desires its use. Similarly, States and local authorities are required to endeavour to provide primary education in the mother tongue for all linguistic minorities, regardless of whether their language is official in that State.
The Official Languages Act, 1963, which came into effect on 26 January 1965, made provision for the continuation of English as an official language alongside Hindi. The Official Languages Rules, 1976, and statutory instruments made by the Department of Official Language under these laws also govern the use of languages.
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Language usage in the Supreme Court
The Indian Constitution does not list a "national language" for India. However, Clause 1 of Article 343 states that the "Official language of the Union shall be Hindi in Devanagari script". It also states that the "form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals".
Article 348, Clause 1, states that "all proceedings in the Supreme Court and in every High Court", and all Bills, Acts, ordinances, rules, and orders, etc. at the Union and state levels, "shall be in the English language". However, Article 348 (2) permits “the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State” after authorisation by the Governor and “with the previous consent of the president”.
The Constitution contains certain special directives to protect the interests of linguistic minorities and to promote the development of the Hindi language. These include:
- Article 350: Language to be used in representation for redress of grievances.
- Article 350A: Facilities for instruction in the mother tongue at the primary stage.
- Article 350B: The President should appoint a special officer for linguistic minorities to investigate all matters relating to the constitutional safeguards for linguistic minorities and to report to him. The President should place all such reports before the Parliament and send them to the state government concerned.
- Article 351: Directive for the development of the Hindi language.
In the United States, the Supreme Court has played a role in shaping language policy. In Meyer v. Nebraska (1923), the Nebraska Supreme Court accepted the state’s argument that "the baneful effects of permitting foreigners who had taken residence in this country, to rear and educate their children in the language of their native land" fell within the police powers of the state. On appeal, the U.S. Supreme Court threw out laws in Nebraska, Ohio, and Iowa forbidding foreign language instruction below the eighth grade on the grounds that such laws interfere with a language instructor’s calling, and with the right of parents to control the education of their children. In 1974, in Lau v. Nichols, the U.S. Supreme Court ruled that LESA children (limited English-speaking ability) were entitled to some sort of remedial instruction.
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Special directives for linguistic minorities
India is a diverse country with a multitude of languages, and the Indian Constitution has provisions to protect the interests of linguistic minorities. The Constitution contains special directives to promote the development of the Hindi language, with 22 official languages recognised under the 8th Schedule of the Indian Constitution.
The Constitution provides fundamental rights to linguistic minorities, including the right to establish and administer educational institutes of their choice. It also ensures that every person has the right to submit a representation for the redressal of any grievance in any of the languages used in the Union or state. This means that a representation cannot be rejected on the grounds that it is not in an official language.
The Constitution also directs that every state and local authority should provide adequate facilities for instruction in the mother tongue at the primary level for children from linguistic minority groups. The President is authorised to issue necessary directions for this purpose.
A critical provision for linguistic minorities is the appointment of a Special Officer, also known as the Commissioner for Linguistic Minorities (CLM), who investigates matters relating to the safeguards for linguistic minorities and reports to the President. This Special Officer interacts with linguistic minority groups and states to address issues concerning the implementation of Constitutional safeguards.
While the Constitution provides these protections, the definition of a "linguistic minority" is not explicitly defined in the Constitution or any legislation. It was the Supreme Court of India that defined it as a minority group with a spoken language, regardless of a written script. The National Commission for Religious and Linguistic Minorities report states that the status of a linguistic minority is determined by numerical inferiority, non-dominant status, and a distinct identity within a state context.
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Frequently asked questions
Hindi, written in Devanagari script.
English is to be used for official purposes of the Union and for communication between the Union and states that have not adopted Hindi as their official language.
The legislature of a state may adopt any one or more of the languages in use in the state or Hindi as the official language. The speaker of the house or chairman of the legislative council may permit members to address the house in their mother tongue if they cannot express themselves in the official language of the state or in Hindi or English.
The Constitution contains special directives to protect the interests of linguistic minorities, including the right to submit a representation for the redress of grievances in any of the languages used in the Union or state, the provision of facilities for instruction in the mother tongue at the primary stage of education, and the appointment of a special officer for linguistic minorities to investigate matters relating to constitutional safeguards for linguistic minorities.
The Constitution provides for the progressive use of the Hindi language for official purposes of the Union and the restriction of the use of the English language for such purposes. It also outlines the form of numerals to be used for specified purposes and provides for the authorized translation of Central Acts and other legal documents into Hindi.
