Official & Regional language, Dispute between Union & State?

School education being a concurrent subject, states can refuse to accept formula of Center, Official & Regional language, Dispute.

What is official Language?

The language that is use for official purposes by the State in government functions is official language.

What is Regional language?

The language which is spoken in a particular area or region is a regional language. Example in uttar Pradesh majority people speak Hindi along with other mother tongue. Such as Awadhi, bhojpuri, Bundeli etc. These Languages are the regional language of the state Uttar Pradesh.

The official language of union as mentioned under article 343 and 344 of constitution. In respect of state article 345, 346, 347 of the constitution provide regional language.

Constitutional provision related to Language of India

The constitution part 27 official language in which it division into 4 chapters. The list is mentioned with Chapter and Articles below:-

Language of the Union
Regional languages
Language of the Supreme Court, High court, etc.
Special Directives

Official Language of the Union

Article 343 and 344 which deals with official Language of union, there is no any specific definition provided for official Language in Constitution.

The official Language of the Union shall be Hindi in Devanagari script. English shall be addition to hindi means it goes together.

Article 343 constitution, Official & Regional language, Dispute

In the 1^st clause of 343 of the constitution it states that the official Language of the union shall be Hindi in Devanagari script.

2^nd clause of 343 of the constitution it states that English shall be continue as the official Language of Union. For a period of 15 year from the commencement of this constitution.

3rd clause of 343 of the constitution it states that parliament may by law provide for use of English or Devanagari form of numerals after said period of 15 years.

What is Devnagri script?

Devnagri is a type of script in which swar and vyanjan are in a segmental writing system, that is a left to right.

Means in this alphabets are not independent they are write and pronounce with the help of each other.

Constitution Article 344, Official & Regional language, Dispute

This Article 344 state that by order President shall after 15 year of the expiration period. Shall constitute Commission and Committee of Parliament on official language. In this Committee there shall be a chairman and members. Members representing the different languages specified in the Eighth Schedule.

Duty of the Commission

To make recommendation to president.
The progressive use of the Hindi language for the official purposes of the Union.
Restrictions on the use of the English language for all or any of the official purposes of the Union.
The language to be used for all or any of the purposes mentioned in article 348.
The form of numerals to be use for any one or more specified purposes of the Union.
The Commission by the President as regards the official language of the Union.
And language for communication between the Union and a State. Or between one State and another and their use.

Commission for language shall have due regard

Clause 3 of Article 344 states that In making recommendation 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.

Language Committee with Single transferable vote

Committee consist 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.

Duty of the language committee

It shall be duty of Committee to examine. Recommendations of the Commission constituted under clause (1) of Article 344.

Issue directions in official language by President, Official & Regional language, Dispute

Clause 6 of Article 344 states that Despite of having anything in Article 343 of constitution.

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.

Language listed in 8th Schedule of constitution and year of amendments

Initially it was 14 and now There are 22 regional language current as through various stage of addition from amendments. Amendments in made in 1967, 1992, 2003, constitution amendment 21^st, 71^st 92^nd respectively.

List of 22 official language consists in 8th Schedule are:-

Assamese
Bengali
Gujarati
Hindi
Kannada
Kashmiri
Konkani
Malayalam
Manipuri
Marathi
Nepali
Oriya
Punjabi
Sanskrit
Sindhi
Tamil
Telugu
Urdu
Bodo
Santhali
Maithili
Dogri

Official language or languages of a State (regional language)

Article 345 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 State. Or Hindi as language or languages to be use for all. Or any of the official purposes of that State.

The English language shall continue to be use for those official purposes. Within the State for which it was being used immediately before the commencement of this Constitution.

Language for communication as official between one State and another or between a State and the Union

Article 346 of constitution states that if 2 or more States agree that Hindi should be the official language. Then for communication between such States, that language may be used for such communication.

If there no Hindi then 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.

Special provision
sympathize with to language spoken by a section of population of a State

Article 347 states that A substantial proportion of the population of a State. Desire the use of any language spoken by them to be recognise by that State.

On a demand being made in that behalf the President may, if he is satisfies. May Direct that such language shall also be officially recognise throughout that State. Or any part thereof for such purpose as he may specify.

Language use in The Supreme Court, High Courts, Etc

Article 348 states until parliament by law, otherwise provide that all proceedings in the Supreme Court and in every High Court shall be in the English language.

Language of High Courts in States

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.

Despite of having anything in sub clause (a) of clause (1) of Article 348.

But the proviso states that nothing in this clause shall apply to any judgment, decree or order passed or made by such High Court.

State has prescribed any language other than the English language, Official & Regional language, Dispute

Despite of anything in sub-clause (b) of
clause (1) of Article 348.

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.

Translation of the regional state language in the English language, Official & Regional language, Dispute

Article 348 Clause 3 states that a Translation of the same regional language in English published under the authority of the Governor.

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.

Of all orders, rules, regulations and bye-laws issued under this Constitution. or
under any law made by Parliament or the Legislature of a State.

Special procedure for enactment of certain laws relating to language

Article 349 state that, Except after President 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.

During the period of fifteen years from the commencement of this Constitution. Without the previous sanction of the President 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.

And the President shall not give his sanction to the introduction of any such Bill or the moving of any such amendment.

Special Directives, use language

Article 350 of constitution states that In case of grievance, the redress of any grievance. Made by persons shall be entitle to submit a representation to any officer or authority. Of the Union or a State in any of the languages use in the Union or in the State as the case may be.

Instruction in mother-tongue at primary stage, Official & Regional language, Dispute

Article 350A constitution, Every State and of every local authority within the State. Shall be the endeavour to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children. Belonging to linguistic minority groups.

The President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.

Special Officer for linguistic marginalized group Article 350B constitution, Official & Regional language, Dispute

Appointment: Special Officer for linguistic marginalized group shall be appoint by the President.
Duty : To investigate all matters relating to the safeguards provides for linguistic marginalized under this Constitution.
- And report to the President upon those matters at such intervals as the President may direct.
- The President shall cause all such reports to be laid before each House of Parliament.
- And sent to the Governments of the States concerned.

Union duty for Development of the
Hindi language Article 351 constitution

The Union shall be the duty to promote the spread of the Hindi language. To develop it so that it may serve as a medium of expression for all the elements of the composite culture of India.

And to secure its enrichment by homogenize. 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.

Union By drawing, wherever necessary or desirable, for its vocabulary. Primarily on Sanskrit and secondarily on other languages.

Between Union and states, Official & Regional language, Dispute

School education being a concurrent subject, states can refuse to accept the formula.
Madra government headed by C Rajagopalachari in 1937 introduced Hindi as compulsory in schools.¹
This hindi language compulsory, sparked with huge protest against hindi, by Dravidian party and Justice Party in Madras.
After this huge hate protest against hindi the policy was revoked in 1940.

Constitutional Debates phrases by constitution assembly members on national language, Official & Regional language, Dispute

Constituent Assembly with the leadership which was predominantly from North India, was more worried about the reaction of the members from South India. there was no consensus over the issue.²

“Jawahar lal Nehru, states that we stand on the threshold of many things. And this Resolution itself is the beginning of what might be termed as a linguistic revolution in India. A very big revolution of far reaching effects, and we have to be careful that we give it the right direction. Men shape a language, but then that language itself shapes those men and society.”

“Algu Ram Shastri from United Provinces achieving ‘unity in diversity’
was possible only by involving people and getting their consent. For it could not be achieve through coercion. Such
an objective require a favourable environment”.

“Naziruddin Ahmad, a Sanskrit scholar” ‘and member of the Constituent Assembly of India representing West Bengal’ states that, The people must be made literate in their own language. Secondly, there must be the re-grouping of the states on a linguistic basis.

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