Official Language of the Union and the States

Introduction

India is a multilingual country with many languages, each having its own cultural and literary importance. After independence, the Constituent Assembly debated which language should be used for government administration and communication across the country. The Constitution addresses this issue through Part XVII, which deals with the official language of the Union, State languages, languages used in courts and the protection of linguistic interests.

Meaning of Official Language

An official language is a language used for government work, such as administration, official communication and the preparation of government documents.

An official language is not necessarily the national language of a country. The Indian Constitution does not declare any language to be the national language of India.

Article 343 provides that Hindi in the Devanagari script is the official language of the Union. It also originally provided for the continued use of English for official purposes of the Union for fifteen years from the commencement of the Constitution, subject to the provisions of the Article.

The Official Languages Act, 1963, provides for the continued use of English for official purposes of the Union beyond that period.

The Constitution also allows States to adopt their own official languages and contains provisions governing the language used in the Supreme Court, High Courts and legislative processes.

Linguistic Diversity and the Constitutional Debate

India has a long history of linguistic diversity. Its languages belong to different language families, including the Indo-Aryan and Dravidian families. Hindi, Bengali, Marathi, Gujarati and Punjabi are examples of Indo-Aryan languages, while Tamil, Telugu, Kannada and Malayalam are examples of Dravidian languages.

Many Indian languages have rich literary traditions and are closely connected with the cultural identity of their speakers.

During British rule, English became an important language of administration, education, examinations and communication among officials across the country. However, only a minority of the population could use English.

After independence, the Constituent Assembly faced the challenge of selecting a language for Union administration while respecting India's linguistic diversity.

There was support for the eventual wider use of Hindi in Union administration and for reducing dependence on English. However, there were also concerns about imposing Hindi on people whose first language was different.

The constitutional settlement therefore provided for Hindi as the official language of the Union, continued the use of English and allowed States to choose their own official languages.

Constitutional Provisions Relating to Official Language

Part XVII of the Constitution, comprising Articles 343 to 351, deals with official language matters.

Official language of the Union: Article 343

Article 343 provides that:

• Hindi written in the Devanagari script is the official language of the Union.
• The form of numerals to be used for the official purposes of the Union is the international form of Indian numerals.
• English was to continue for the official purposes of the Union for fifteen years from the commencement of the Constitution, subject to the constitutional provisions.
• Parliament may provide by law for the continued use of English after that period.

The Official Languages Act, 1963, provides for the continued use of English for official purposes of the Union, alongside Hindi, in accordance with the Act.

Commission and Committee of Parliament: Article 344

Article 344 provides for a Commission and a Committee of Parliament concerning the progressive use of Hindi for official purposes.

The Commission makes recommendations on matters such as the progressive use of Hindi, restrictions on the use of English and language-related matters affecting the Union's official work.

The Committee of Parliament examines the recommendations and reports to the President.

These provisions were intended to guide the development of the Union's official language policy while taking account of the interests of different regions and language groups.

Official languages of States: Article 345

Article 345 allows the Legislature of a State to adopt one or more 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 State Legislature provides otherwise, English may continue to be used for the official purposes for which it was being used immediately before the Constitution commenced.

This provision allows States to frame their language policies according to their linguistic circumstances.

Language used in communication between States and between a State and the Union: Article 346

Article 346 deals with the language used for communication between one State and another and between a State and the Union.

It provides for the use of the language authorised for official purposes of the Union. However, where two or more States agree to use Hindi for communication between themselves, they may do so.

This provision supports communication between governments while allowing States to make appropriate arrangements.

Special provision for language used in a State: Article 347

Article 347 allows the President to direct that a language spoken by a substantial proportion of the population of a State be officially recognised throughout the State or in a part of it, for specified purposes.

Such recognition may be considered where a demand is made and the constitutional conditions are satisfied.

The provision helps address the linguistic needs of groups whose language may not otherwise have official recognition in the State.

Language used in the Supreme Court and High Courts: Article 348

Article 348 provides that, unless Parliament provides otherwise by law:

• All proceedings in the Supreme Court and every High Court must be in English.
• Authoritative texts of Bills, Acts, ordinances, rules, regulations and certain other legal instruments must be in English.

The Governor of a State may, with the previous consent of the President, authorise the use of Hindi or another official language of the State in proceedings in the High Court. This does not apply to judgments, decrees and orders unless Parliament provides otherwise.

The provision seeks to maintain consistency and clarity in legal proceedings and authoritative legal texts.

Special procedure for certain language laws: Article 349

Article 349 lays down a special procedure for certain laws concerning language during the initial fifteen-year period after the commencement of the Constitution.

During that period, a Bill or amendment making provision for the language matters specified in the Article could not be introduced or moved without the previous sanction of the President.

The provision was intended to ensure careful consideration of important language-related legislation during the early years of the Constitution.

Language for representations for redress of grievances: Article 350

Article 350 provides that every person is entitled to submit a representation for the redress of a grievance to an officer or authority of the Union or a State in any of the languages used in the Union or the State, as the case may be.

This provision helps people communicate with public authorities in languages recognised for the relevant constitutional purpose.

Facilities for instruction in the mother tongue: Article 350A

Article 350A directs every State and every local authority within a State to endeavour to provide adequate facilities for instruction in the mother tongue at the primary stage of education for children belonging to linguistic minority groups.

The President may issue directions to a State considered necessary for securing such facilities.

The provision recognises the importance of a child's mother tongue in early education.

Special Officer for linguistic minorities: Article 350B

Article 350B provides for a Special Officer for linguistic minorities, appointed by the President.

The officer investigates matters relating to the safeguards provided for linguistic minorities under the Constitution and reports to the President.

The President causes these reports to be laid before each House of Parliament and sent to the governments of the States concerned.

Development of Hindi: Article 351

Article 351 directs the Union to promote the spread of Hindi and develop it so that it may serve as a medium of expression for the composite culture of India.

It also provides that Hindi should draw, where appropriate, from Hindustani and other languages of India, particularly the forms and expressions found in the Eighth Schedule.

This provision concerns the development of Hindi while recognising the linguistic resources of India.

Important Distinctions

Official language and national language

The Constitution declares Hindi in the Devanagari script to be the official language of the Union under Article 343. It does not declare Hindi, English or any other language to be the national language of India.

An official language is used for government work. A national language, in the general sense, is a language given a special symbolic role as representing the nation.

Official language of the Union and official languages of States

The Union's official language is governed mainly by Article 343 and the relevant legislation. Under Article 345, each State may adopt one or more languages in use in that State, or Hindi, as its official language or languages.

Therefore, the Union's language policy does not require every State to adopt Hindi as its official language.

Official language and language in courts

The official language used for Union administration is not automatically the language used in the Supreme Court or High Courts.

Article 348 generally provides for English in court proceedings and authoritative legal texts, subject to its constitutional provisions and applicable legislation.

Official languages and the Eighth Schedule

The Eighth Schedule lists languages recognised by the Constitution for specified constitutional purposes. It currently contains 22 languages.

Inclusion in the Eighth Schedule does not automatically make a language an official language of the Union or of every State. The official language of a State is determined under Article 345 and the relevant State law.

Practical Example

Suppose a State has a large population that speaks Tamil and adopts Tamil as its official language under Article 345. This is constitutionally permitted.

If a person belonging to a linguistic minority seeks primary education for a child in the child's mother tongue, Article 350A is relevant to the State's duty to endeavour to provide adequate facilities.

If a person submits a representation to a public authority seeking redress of a grievance, Article 350 may be relevant to the language in which the representation can be made.

These examples show how the Constitution balances Union-level administration with the linguistic needs of States and minority communities.

Summary

• Part XVII of the Indian Constitution, Articles 343 to 351, deals with official language matters.
• Article 343 declares Hindi in the Devanagari script to be the official language of the Union.
• The Official Languages Act, 1963, provides for the continued use of English for official purposes of the Union.
• Article 345 allows State Legislatures to adopt one or more official languages for their States.
• Article 348 generally provides for English in the Supreme Court, High Courts and authoritative legal texts, subject to constitutional provisions and applicable law.
• Articles 350A and 350B protect the linguistic interests of minority groups through provisions on mother-tongue instruction and a Special Officer for linguistic minorities.
• Article 351 directs the Union to promote the spread and development of Hindi.
• The Eighth Schedule contains 22 languages, but inclusion in the Schedule does not automatically make a language the official language of the Union or every State.
• The Constitution does not declare any language to be the national language of India.