Indian Legal Language- Problem
• Not indigenous, based on British Anglo-Saxon
• A mixture
• Foreign language for India, prone to cause problems
• Usage of complex words
• Mattur or Muttoor (Karnataka).
b.) Hosahalli (Karnataka).
c.) Jhiri (Madhaya Pradesh)
d.) Mohad (Madhaya Pradesh)
e.) Baghuwar (Madhaya Pradesh)
PART XVII
OFFICIAL LANGUAGE
CHAPTER I.- LANGUAGE OF THE UNION
• 343. Official language of the Union.
• (1) 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.
(2)Notwithstanding anything in clause (1), 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 for which it was being used immediately before such commencement: Provided that the
President may, during the said period, by order authorise the use of the Hindi language in addition
to the English language and of the Devanagari form of numerals in addition to the international
form of Indian numerals for any of the official purposes of the Union.
(3) Notwithstanding any thing in this article, Parliament may by law provide for the use, after the
said period of fifteen years, of-
(a) the English language, or
(b) the Devanagari form of numerals, for such purposes as may be specified in the law.
Art 344. Commission and Committee of
Parliament on official language
(1) The President shall, at the expiration of five years from the commencement of
this Constitution and thereafter at the expiration of ten years from such commencement,
by order constitute a Commission which shall consist of a Chairman and such other
members representing the different languages specified in the Eighth Schedule as the
President may appoint, and the order shall define the procedure to be followed by the
Commission.
(2) It shall be the duty of the Commission to make recommendations to the President as
to-
(a) the progressive use of the Hindi language for the official purposes of the Union;
(b) restrictions on the use of the English language for all or any of the official purposes of
the Union;
(c) the language to be used for all or any of the purposes mentioned in article 348;
(d) the form of numerals to be used for any one or more specified purposes of the Union;
(e) any other matter referred to the Commission by the President as regards the official
language of the Union and the language for communication between the Union and a
State or between one State and another and their use.
•
(3) In making their recommendations under clause (2), 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.
• (4) There shall be constituted a Committee consisting of thirty members, of whom
twenty shall be members of the House of the People and ten shall be members of
the Council of States to be elected respectively by the members of the House of
the People and the members of the Council of States in accordance with the
system of proportional representation by means of the single transferable vote.
•
(5) It shall be the duty of the Committee to examine the recommendations of the
Commission constituted under clause (1) and to report to the President their
opinion thereon.
•
(6) Notwithstanding anything in article 343, the President may, after consideration
of the report referred to in clause (5), issue directions in accordance with the
whole or any part of that report.
•
CHAPTER II- REGIONAL LANGUAGES
• 345. Official language or languages of a State.
• Subject to the provisions of articles 346 and 347, the Legislature of a
State may by law adopt any one or more of the languages in use in the
State or Hindi as the language or languages to be used for all or any of
the official purposes of that State:
• Provided that, until the Legislature of the State otherwise provides by
law, the English language shall continue to be used for those official
purposes within the State for which it was being used immediately
before the commencement of this Constitution.
346. 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.
CHAPTER III.
LANGUAGE OF THE SUPREME COURT
HIGHCOURTS, ETC.
• Art 348- Language to be used in SC & HCs
• All proceedings in the Supreme Court and every High Court shall Be
in English
• All Bills to be introduced or amendments thereto to be moved in either
House of Parliament or in the House or either House of the Legislature
of a State.
• All acts passed by Parliament or the Legislature of a State and of all
Ordinances promulgated by the President or the Governor of a State,
and
• All orders, rules, regulations and bye-laws issued under this
Constitution or under any law made by Parliament or the Legislature
of a State
• (2) Notwithstanding anything in sub-clause (a) of clause (1), the
Governor _ of a State may, with the previous consent of the President,
authorise 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:
• Provided that nothing in this clause shall apply to any judgment,
decree or order passed or made by such High Court.
• (3) Notwithstanding anything in sub-clause (b) of clause (1), where the
Legislature of a State has prescribed any language other than the
English language for use in Bills introduced in, or Acts passed by, the
Legislature of the State or in Ordinances promulgated by the Governor
of the State or in any order, rule, regulation or bye-law referred to in
paragraph (iii) of that sub-clause, a translation of the same in the
English language published under the authority of the Governor of the
State in the Official Gazette of that State shall be deemed to be the
authoritative text thereof in the English language under this article.
349. Special procedure for enactment of
certain laws relating to language
• During the period of fifteen years from the commencement of
this Constitution, no Bill or amendment making provision for the
language to be used for any of the purposes mentioned in clause (1) of
article 348 shall be introduced or moved in either House of Parliament
without the previous sanction of the President, and the President shall
not give his sanction to the introduction of any such Bill or the moving
of any such amendment except after he has taken into consideration
the recommendations of the Commission constituted under clause (1)
of article 344 and the report of the Committee constituted under clause
(4) of that article.
Art - 350
‘
Every person shall be entitled to
submit a representation for the redress
of any grievance to any officer or
authority of the Union or a State in
any of the languages used in the Union
or in the State, as the case may be
Art – 350A
• It shall be the endeavour of every State and of every
local authority within the State to provide adequate
facilities for instruction in the mother-tongue at the
primary stage of education to children belonging to
linguistic minority groups; and the President may issue
such directions to any State as he considers necessary
or proper for securing the provision of such facilities.
Art – 350B
• (1)There
1 shall be a Special Officer for linguistic minorities
to be appointed by the President.
(2) It shall be the duty of the Special Officer to investigate
all matters relating to the safeguards provided for
linguistic minorities under this Constitution and report
to the President upon those matters at such intervals as
the President may direct, and the President shall cause
all such reports to be laid before each House of
Parliament, and sent to the Governments of the States
concerned.
Directive for development of the Hindi
language – Art - 351
• It shall be the duty of the Union to promote the spread of the Hindi
language, to develop it so that it serve as a medium of expression for
all the elements of the composite culture of India and to secure its
enrichment by assimilating without interfering with its genius, the
forms, style and expressions used in Hindustani and in the other
languages of India specified in the Eighth Schedule, and by drawing,
wherever necessary or desirable, for its vocabulary, primarily on
Sanskrit and secondarily on other languages.
• There is no law or Ordinance regarding use of any other language
except English Language in the proceedings before the Supreme
Court.
• No pleadings or arguments in Hindi or in any other language
• Madhu Limaye v. Bedmoorti (AIR 1961 SC 2608) – Hindi language
• Intervener application was refused who was seeking permission to
argue in Hindi Language.
• SC suggested
• Intervener will argue in the medium of English language
• Intervener will permit his legal adviser to make presentation of the
case
• Intervener could submit his written argument in English
English words Translated to Hindi
Non-appearance अनुपसंजाति
Merits गुणागुण
In-avoidable अनतिक्रमणीय
Measures अध्युपाय
Article 158(4) of Constitution: “The emoluments an
allowances of the Governor shall not be diminished
during his term of office”.
राज्यपाल को तिया उपलब्धियों और भत्ते उसकी पिावति के
िौरान काम नहीं तकये जाएं गे I
