Official Language

 Part XVII; 343 – 351

 divided into four heads–Language of the Union, Regional languages, Language of the judiciary and texts of laws
and Special directives

Munshi Iyengar Formula

 Named after K M Munshi and N Gopalaswamy Ayyangar – worked to bring consensus

 Official language of the Union was to be Hindi with Devanagari script but that International numerals would be
used
 English was to be used for Union affairs for 15 years and Parliament could extend this period

Official Language of the Union (343):

 The official language of the Union shall be Hindi in Devanagari script

 The form of numerals to be used for the official purposes of the Union shall be the international form of Indian
numerals
 for a period of fifteen years from the commencement of this Constitution, the English language shall continue to
be used for all the official purposes of the Union
 Even after 15 years Parliament may provide for continued use of English language

Commission and Committee of Parliament on official language (344):

 At the end of five years, and again at the end of ten years, from the commencement of the Constitution, the
president should appoint a commission to make recommendations to the President with regard to the
progressive use of the Hindi language, restrictions on the use of the English language and other related issues
 Composition of the commission (Official language commission)
o Chairman and members representing languages in 8th schedule
 In making their recommendations, the Commission shall have due regard to the industrial, cultural and
scientific advancement of India, and the just claims and the interests of persons belonging to the non-Hindi
speaking areas in regard to the public services
o Accordingly, in 1955, the president appointed an Official Language Commission under the chairmanship
of B.G. Kher. The commission submitted its report to the President in 1956.
o The report was examined by a committee of Parliament constituted in 1957 under the chairmanship of
Gobind Ballabh Pant.
o However, another Official Language Commission (as envisaged by the Constitution) was not appointed
in 1960.
o Official Language Act 1963 was enacted based on its recommendations
 A committee of Parliament is to be constituted to examine the recommendations of the Commission and to
report its views on them to the President.
o Composition – 30 members (20 from LS and 10 from RS)
o elected by the system of proportional representation by means of single transferable vote
 Following which President may issue directions in accordance with the whole or any part of that report

Official Language or languages of a state: (345) – Regional languages

 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 of that state
o Until then English is to continue as official language of state

Official language for communication between one State and another or between a State and the Union:

 The language for the time being authorised for use in the Union for official purposes shall be the official
language for communication between one State and another State and between a State and the Union
 Provided that if two or more States agree that the Hindi language should be the official language for
communication between such States, that language may be used for such communication.

Special provision relating to language spoken by a section of the population of a State – Article 347
  When the President (on a demand being made) is satisfied that a substantial proportion of the population of a
state desire the use of any language spoken by them to be recognised by that state, then he may direct that
such language shall also be officially recognised in that state. This provision aims at protecting the linguistic
interests of minorities in the states.

Language of judiciary and text of laws

 Until parliament provides otherwise, English language for

o All proceedings in SC and every HC
o Authoritative texts of all bills, acts, ordinances, orders, rules at Central and state level
 Governor of state with previous consent of President
o Can authorise Hindi or any other official language of state in the proceedings of HC
o But judgements, decrees and orders of HC must continue to be in English only
 State legislature can prescribe use of any language with respect to bills, acts, ordinances, orders
o But a translation of the same in English language has to be published

Official Languages Act 1963

 The act provides for the continued use of English (even after 1965), in addition to Hindi, for all official purposes
of the Union and also for the transaction of business in Parliament.
 Further, this act was amended in 1967 to make the use of English, in addition to Hindi, compulsory in certain
case.
 English should be used for purposes of communication between the Union and the non-Hindi states.
 Further, where Hindi is used for communication between a Hindi and a non-Hindi state, such communication in
Hindi should be accompanied by an English translation.
 Provides for setting up of Committee of Parliament on Official language
 Governor with previous consent of President – Official language Act 1963
o Use Hindi or other official language for judgement, decrees and orders passed by HC
o But they should be accompanied by English translation

Committee of Parliament on Official language

 Mandate
o To review the progress made in use of Hindi for official purpose of Union
 Composition of committee
o 30 members – 20 from Lok Sabha and 10 from Rajya Sabha
 Constitution of committee
o Set up in 1976 – 10 years after promulgation of act (26 January 1965)
 Election
o Proportional representative system by single transferrable vote
 Chairman of committee
o Elected among the members
o Conventionally headed by Home Minister
 Terms of reference
o Medium of instruction in educational institutions
o Mode of recruitment to Central Government
o Medium of departmental examination
 Report to President the recommendations
o Report is to be laid before each House and sent to all state governments
 Directions in accordance with report
o By President after consideration of report
 Secretariat of committee
o Headed by secretary of committee
o Subordinate office of Department of Official Language, MoHA
 Expert opinion
o From various fields of education, judiciary, NGOs, secretaries
  Three sub committees
o For inspection of various ministries and departments

Special directives

 Protection of linguistic minorities

o 350 - Language to be used in representations for redress of grievances
 A representation cannot be rejected on ground that it is not in official language
o 350A - Facilities for instruction in mother-tongue at primary stage
o 350B – Special Officer for Linguistic Minorities
 To investigate all matters relating to constitutional safeguards for linguistic minorities
 350A and 350B added by 7th constitutional amendment act 1956 on recommendation of state
reorganization commission
 Development of Hindi language - 351
o Duty on centre to promote spread and development of Hindi language so that it may become the lingua
franca of composite culture of India
o Enrichment of Hindi by assimilating form, style and expressions used in Hindustani and other languages
of 8th schedule and by drawing vocabulary primarily from Sanskrit and secondarily on other languages

Eight schedule

 14 to 22 languages
 Benefits
o Members of those languages are given representation in Official Language Commission – Article 344
o Forms, style and expression of these languages are used to enrich Hindi – Article 351
 Amendments
o 21st amendment act 1967
 Sindhi was added
st
o 71 amendment act 1992
 Konkani, Manipuri and Nepali
nd
o 92 amendment act 2003
 Bodo, Dongri, Maithili and Santhali
o 96th amendment act 2011
 Oriya was renamed as Odia

Classical language status

 New category of languages – classical languages in 2004

 2006 – laid down criteria for conferring language status
 Criteria for classical language status
o High antiquity of its early texts/recorded history over a period of 1,500–2,000 years
o a body of ancient literature/texts - a valuable heritage by generations
o a literary tradition that is original and not borrowed from another speech community.
o there can also be a discontinuity between the classical language and its later forms or its offshoots
 Classical languages of India – 6
o Tamil (2004), Sanskrit (2005), Telugu (2008), Kannada (2008), Malayalam (2013) and Odia (2014)
 Benefits
o Gets financial assistance for setting up a centre of excellence for study of that language
o Two major awards for scholars of eminence
o UGC can be requested to create professional chairs for classical languages in Central Universities