Recently ,the Parliament witnessed heated debates as Opposition MPs criticized the government for naming new legislations in Hindi and Sanskrit. 

Opposition’s Criticism

• Constitutional Concerns: It was argued that using Hindi titles for bills whose content is in English might contravene Article 348 (1B) of the Constitution, which mandates authoritative legal texts in English.
• Federal and Linguistic Diversity Ignored: The government was accused  of undermining India’s linguistic diversity and federal principles with opposition terming it “Hindification” of laws.
  • Earlier examples, such as the Bharatiya Nyaya Sanhita replacing the Indian Penal Code,  were cited as instances of this trend.
• Non-Hindi States Raise Objections: It was argued that Hindi names alienate non-Hindi speakers.
  • Demand was raised to rename the Bharatiya Vayuyan Vidheyak to Aircraft Bill, 2024.
  • Difficulties in pronouncing Hindi names, labeling the practice “exclusionary,” particularly for India’s predominantly non-Hindi-speaking population.
• Mockery of the Trend: The “Fashion” of giving bills Hindi names was criticised suggesting it complicates legislative processes unnecessarily.

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Arguments Supporting the Use of Hindi/Sanskrit Names for Bills

• Cultural Identity and Heritage: Using Hindi or Sanskrit names for laws reflects India’s rich linguistic and cultural legacy, promoting pride in native traditions over colonial influences.
• Representation of Indian Languages: Incorporating Hindi, which has wide usage across the country, helps create a unique and relatable identity for legislations while fostering linguistic inclusivity.
• Integration of Multiple Languages: Names often combine elements from different Indian languages, reflecting the diversity and unity of India’s linguistic landscape.
• Breaking Colonial Legacy: Moving away from English-only names helps India assert independence from colonial norms, symbolizing a reclamation of its cultural and historical identity.
• No Legal or Practical Barriers: The substantive text of the bills remains in English, ensuring accessibility for stakeholders, while the title’s language does not violate constitutional provisions.
• Encouraging Familiarity and Usage: Exposure to Hindi or Sanskrit terms through official names encourages people to familiarize themselves with classical and national languages, fostering linguistic appreciation.
• Promotion of Classical Languages: The use of Hindi and Sanskrit aligns with efforts to preserve and promote classical Indian languages, contributing to their continued relevance in modern governance.

Constitutional Provisions and Rules for Languages of Bills in Indian Parliament

• Article 348(1): This provision mandates that the official language of the Union, Hindi in Devnagari Script shall be used for official purposes of the Union.
  • However, it also allows for the use of English for official purposes.
  • Until Parliament provides otherwise by law, all proceedings in the Supreme Court and every High Court shall be conducted in the English language.
• Article 348(1B): This clause specifically addresses that the authoritative text must be in the English language.
  • The authoritative text of 
    • of 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,
    • of 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
    • 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.
• The authoritative text of a bill in the Indian context is the English version of the bill. 
  • This means that in case of any dispute or ambiguity, the English version will be considered the final and binding interpretation of the law.
• Need Of Translation: If a State Legislature prescribes a language other than English for its Bills, Acts, or Ordinances, a translation in English published in the Official Gazette of that State shall be considered the authoritative text in the English language.
• Use Regional Languages in High Court Proceedings (Article 348(2)): The Governor of a State, with the previous consent of the President, may authorize the use of Hindi or any other language used for official purposes of the State in proceedings in the High Court located in that State.
• Rules of Procedure and Conduct of Business in Parliament:
  • Rules related to the introduction and passage of bills do not explicitly specify the language of the title.
  • The language of the bill itself, however, is typically English, as this is the language in which legal drafting is standardized.
• Promotion of Hindi: Article 351 mandates the Union government to:
  • Promote the spread of Hindi.
  • Develop Hindi to serve as a medium of expression for India’s diverse culture.
  • Enrich Hindi by assimilating elements from Hindustani and other Scheduled Languages.
  • Draw vocabulary primarily from Sanskrit and secondarily from other languages.

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English as an Official Language of the Union

• Initial 15-Year Period: English was designated as an official language of the Union for a period of 15 years from the Constitution’s commencement.
• Continuation of English: The Official Languages Act of 1963 ensured the continued use of English for official purposes of the Union and in Parliament, even after the 15-year period.
• Parliamentary Power to Regulate Language Usage: Parliament retains the power to legislate on the use of English and Devanagari numerals for official purposes beyond the initial 15-year period.

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