UPSC NCERT Notes - Indian Polity

Language is the intricate human ability to acquire and employ complex communication systems. Part XVII of the Constitution addresses the official language in Articles 343 to 351, encompassing the language of the union, regional languages, the language of the judiciary, texts of laws, and special directives.

English held widespread recognition during the colonial era, serving as the language of communication among elite segments of diverse linguistic communities. It played a pivotal role in administrative, judicial, and educational spheres, both at the central and provincial levels.

While the British linguistic policy catered to the needs of the colonial rulers, it fell short of meeting the objectives of an independent, democratic nation. The significance of language became pronounced during the freedom struggle.

Table of Contents

Process of Constitutional Development of Official Language

In 1955, the Official Language Commission, prioritizing Hindi over English, sparked opposition from critics in South India. Consequently, the Official Languages Act was introduced to Parliament in 1963.
During debates, Parliamentarians from South India and West Bengal advocated for retaining English, leading to its continuation without a specified time limit. Hindi was formally accepted as the official language in 1975.
During this period, the trilingual education formula was introduced, mandating that all universities in the country teach their regional language and English.
In 1967, the Parliament amended the Official Language Bill, specifying that the use of English for official works would continue until all non-Hindi-speaking states were ready to adopt Hindi through a resolution in their Legislature.

India’s Linguistic Diversity

In the 2011 census, over 1300 different languages were registered as mother tongues.
These languages were categorized into major groups, such as Bhojpuri, Magahi, Bundelkhandi, Chhattisgarhi, Rajasthani, and others, which were added to Hindi.
Even after grouping, the census identified 121 major languages, with 22 placed in the Eighth Schedule of the Constitution, known as Scheduled Languages, and others as Non-Scheduled Languages.
Hindi, the largest language, is the mother tongue of only 44% of the population. Even considering those who know Hindi as a second or third language, this number was less than 50% in 2011. English was reported as the mother tongue by only 0.02%, with only 11% knowing it as a second or third language.

Official Language of the Union

According to Article 343, the official language of the union is Hindi in Devanagari script.
The President may authorize the use of English in addition to Hindi.
The international form of Indian numerals is to be used for official purposes, but English would continue for 15 years from the commencement of the Constitution for all purposes it served before 1950.

Eighth (8th) Schedule of the Constitution

The Eighth Schedule consists of 22 languages, initially including 14 languages. Sindhi was added in 1967 (21st Amendment), and three more languages (Konkani, Manipuri, Nepali) were included in 1992 (71st Amendment). Bodo, Dogri, Maithili, and Santhali were added in 2003 (92nd Amendment).

Commission and Committee of Parliament on Official Language

Article 344 (1) mandates the President to constitute a commission with members representing different languages specified in the Eighth Schedule. This commission recommends the progressive use of Hindi and restrictive use of English, considering India’s industrial, cultural, and scientific advancement.
Article 344 (4) establishes a Committee consisting of 30 members, 20 from the House of the People and 10 from the Council of States, elected respectively by the members of the House of the People.
Additionally, the members of the Council of State will be elected in accordance with the system of proportional representation using the transferable vote of the single. The Committee is tasked with examining the recommendations of the Commission and reporting their opinions on them to the President.

Recommendations of the Official Language Commission

In line with Article 344 of the Constitution, the Official Language Commission was established in 1955, chaired by Shri BG Kher. The report, submitted in 1957, underwent examination by a Joint Parliamentary Committee. The key recommendations of the Commission included:
English to remain the principal official language, with Hindi as the subsidiary official language until 1965.
After 1965, when Hindi becomes the principal official language, English should continue as the subsidiary official language.
Emphasis on Article 351 to ensure Hindi serves as a medium for expression for all elements of India’s composite culture.
The issuance of an order by the President on April 27, 1960, calling for the establishment of a permanent commission to prepare terminology related to scientific, administrative, and legal literature, as well as the translation of English works into Hindi.
English to continue as the medium of examinations for the Union Public Service Commission, with Hindi introduced later as an alternative medium. Parliamentary legislative work to continue in English, with provisions for official Hindi translation.
Based on the report of the first Official Language Commission, the Parliament enacted the Official Language Act, 1963, under Article 343. The Act allows for the continued use of English along with Hindi for all Union purposes and parliamentary work, even after a 15-year period.

Regional Languages

The Constitution lacks specification regarding the official language of different states. Instead, it addresses regional languages through certain articles:
- Article 345 allows the Legislature of a State to adopt one or more languages within the State, including Hindi for official purposes.
- Until the State Legislature provides otherwise, English will continue to be used for official purposes within the State, as it was before the commencement of the Constitution.
- Article 346 designates the language authorized for official purposes in the Union as the official language for communication between states and between a State and the Union.
- If two or more states agree, Hindi may be adopted as the official language for communication between them, as per Article 346.
- Article 347 outlines special provisions for recognizing the use of any language spoken by a substantial proportion of the population of a state, as specified by the President, upon demand.

Language of the Judiciary and Text of Laws

According to Article 348(1), the following provisions are to be in the English language until Parliament provides otherwise:
All proceedings in the Supreme Court and every High Court.
The authoritative texts of all bills, acts, ordinances, orders, rules, regulations, and by-laws at both the Central and State levels.
Article 348 (2) permits the Governor of a State, with the prior consent of the President, to authorize the use of Hindi or any other official language of the State in the proceedings of the High Court of that State.
However, judgments, decrees, and orders of the High Court must continue to be in English only until Parliament provides otherwise. This provision was later incorporated through the Official Language Act of 1963.
Similarly, under Article 348 (3), a State Legislature can prescribe the use of any language (other than English) for bills, acts, ordinances, orders, rules, regulations, or by-laws, but a translation in the English language must be published.

Special Directives for Linguistic Minorities

Article 350 ensures the right to submit representations for the redress of grievances in any language used in the Union or the State.
Article 350(A) directs every State and local authority within a State 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 is authorized to issue necessary directions to any State for securing such facilities.
Article 350(B) establishes a special officer for linguistic minorities appointed by the President to investigate and report on matters related to safeguards provided by the Constitution for linguistic minorities.
Article 351 mandates the Union to promote the spread of the Hindi language, drawing from Sanskrit and other languages, to serve as a medium of expression for all elements of India’s composite culture.

Official Languages Act, 1963

The Official Languages Act, of 1963, outlines the languages permitted for official purposes of the Union, business transactions in Parliament, and Central and State Acts.
It allows the continued use of the English language for official purposes and business in Parliament, even after the 15 years from the commencement of the Constitution. English may be used for all the official purposes of the Union, as it was used before that day.
Key provisions of the Official Languages Act, 1963 include the continuation of English alongside Hindi in Parliament and other specified purposes beyond the 15-year period.
Translations of Central Acts, ordinances, or by-laws authorized by the President are deemed authoritative texts in Hindi.
The Governor of a State, with the prior consent of the President, has the authority to permit the use of Hindi or the official language of the State in addition to the English language.
In cases where any judgment, decree, or order is passed or made by the High Court of that State in a language other than English, it must be accompanied by an English translation issued under the authority of the court.
English is mandated for communication between the Union and a State that has not adopted Hindi as the official language. Similarly, when Hindi is used for communication between two States, and one has not adopted Hindi as the official language, it must be accompanied by an English translation.

Authoritative Text: Hindi Language

Acts, ordinances, orders, regulations, and by-laws are considered authoritative texts of the Constitution, used in the legal process. The Constitution of India was initially adopted in English by the Constitution Assembly in 1950. A Hindi translation was published shortly after, incorporating subsequent amendments.
To empower the President to publish the translation of the Constitution under his authority, Article 394(A) was introduced. The President published an authoritative text of the Constitution in Hindi through this provision.

Hindi Divas

Since 1953, 14th September is celebrated as Hindi Day, commemorating the Constituent Assembly’s decision to recognize Hindi as the official language of India on that date in 1949. The first World Hindi Day was celebrated on 10th January 1949 in Nagpur, Maharashtra, and it has been observed annually on 10th January since 2006.

Constitutional Provisions

Originally, the Constitution did not address an authoritative text of the Constitution in the Hindi language. The 58th Constitutional Amendment Act of 1987 introduced Article 394(A) to provide for the publication of the translation of the Constitution in Hindi.

Provisions of Article 394(A) of the Constitution

Under this article, the President shall publish the translation of the Constitution in Hindi, with modifications to align with the language, style, and terminology of authoritative texts of Central Acts in Hindi.
The translation incorporates all amendments made before publication, and the translation in Hindi of every English amendment is also published. These translations are deemed to have the same meaning as the original and are considered authoritative texts.

Minority Languages

Officially, a minority language is one spoken by a minority within a country or territory.
This definition may include languages spoken by a large number of people in a region but not accepted in education or administration. Minority languages are perceived as such by the population or the linguistic minority, feeling their language is threatened.

Linguistic Minority

A linguistic minority comprises individuals whose language differs from that of the majority in a State or a specific region of a State.
The Constitution includes provisions for safeguarding the interests of linguistic minorities.

Classical Languages

In September 2004, the Government of India announced that languages meeting specific criteria could attain the status of a classical language in India.
The criteria for such a declaration involve a long history, spanning 1500 to 2000 years, with ancient texts and literature considered a valuable heritage. Additionally, the language must have an original literary tradition.
Upon receiving the designation of a classical language, financial assistance is provided for establishing a center of excellence for its study. This recognition also opens avenues for major awards for distinguished scholars.
The six languages currently recognized as classical are Tamil (2004), Sanskrit (2005), Telugu(2008), Kannada (2008), Malayalam (2013), and Odia (2014).

Protection of Endangered Languages in India

UNESCO acknowledges India as one of the world’s most linguistically diverse countries.
According to the 2011 Census, India boasts over 19,500 languages or dialects spoken as mother tongues, with only 121 languages spoken by 10,000 or more people.
The Government of India has launched the Scheme for Protection and Preservation of Endangered Languages of India (SPPEL).
The Central Institute of Indian Languages, established in 1969 under the administrative control of the Ministry of Human Resources (now the Ministry of Education), offers guidance and support to both Central and State Governments in language-related matters. It plays a crucial role in documenting and safeguarding minor, minority, and tribal languages.

Important Articles

Article	Description
Article 343	Official language of the Union
Article 344	Commission and Committee of Parliament on Official Language
Article 345	Official language or languages of a State
Article 346	Official language for communication between one State and another or between a State and the Union
Article 347	Special provision relating to language spoken by a section of the population of a State
Article 348	Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc
Article 349	Special procedure for enactment of certain laws relating to language
Article 350	Language to be used in representation for redress of grievances
Article 351	Facilities for instruction in mother tongue at primary stage

Prelims Facts

The number of official language recognised under Eighth Schedule of the Indian Constitution is 22 (UKPSC (Pre) 2006, BP SC (Pre) 2008, UPPSC (Pre) 2010/
Which article of Indian Constitution provides the procedure for adoption of official language of language of the state? Article 345 [RAS/RTS (Pre) 2013]
Under Article 344 of Indian Constitution the first ‘Official Language Commission was established in 1955 under chairmanship of BG Kher lUPPSC (Pre) 1998]
The provisions related to official language of India can be amended by Simple majority UPPSC (Mains) 2005]
Which three languages have been added to the Eighth Schedule of the Constitution by 71st amendment? Nepali, Konkani, Manipuri [MPPSC (Pre) 1993]
In which year the Maithill language was included in the Eighth Schedule of the Indian Constitution? in 2003 [BPSC (Pre) 2014, IAS (Pre) 2017]
Which Article provides that every state shall endeavour to provide an adequate facility for instruction in mother tongue at primary stage of education? Article 350 (A) [UP Lower 2002, UPPSC (Pre) 2003]
Which state has given the Sanskrit language the status of second official language? Uttarakhand [UPPSC (Pre) 2011]
Bodo is recognised as an official language under the 8th Schedule by – 92nd Constitutional Amendment Act of 2004 [UPPSC (Mains) 2016]
Under which Constitutional Amendment Act, four languages were added to the languages under the Eighth Schedule of the Constitution, thereby raising their number to 22? 92nd Constitutional Amendment Act 2003 [IAS (Pre) 2007]
Official Language Commission was ended in 1976 [UPPSC (Pre) 2001]
From Urdu, Nepali, Bhojpuri and Konkani, which language is not included in 8th Schedule of the Indian Constitution? Bhojpuri IMPPSC (Pre) 2005]
From English, Hindi, Sanskrit and Urdu, which language is not the part of 8th Schedule of the Indian Constitution? English [CGPSC (Pre) 2018]

Frequently Asked Questions (FAQs)

Q1: What are the official languages of India according to the Constitution?

A1: The Constitution of India recognizes Hindi as the official language of the Indian government, with English as a subsidiary official language for official communication at the central government level. However, states and union territories have the flexibility to designate their own official languages for use within their jurisdictions.

Q2: Can a state in India have more than one official language?

A2: Yes, according to the Eighth Schedule of the Constitution, a state in India can have more than one official language. Many states and union territories have adopted multiple official languages to accommodate linguistic diversity within their borders. For example, Karnataka has Kannada and English as its official languages.

Q3: Is it mandatory for states to use Hindi as an official language?

A3: No, it is not mandatory for states to adopt Hindi as an official language. While Hindi is the official language of the central government, states and union territories have the freedom to choose their official languages based on the linguistic preferences and diversity of their population. The Constitution respects and preserves linguistic diversity in India.

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UPSC NCERT Notes – Indian Polity – Official Languages