Official Language

August 28, 2023

GS Paper II Indian Polity and Governance

Context:

Recently, the Union Home Minister chaired the 38th meeting of the Committee of Parliament on Official Language.

More on News:

During the meeting, the 12th volume of the report of the Committee of Parliament on Official Language was also approved which will be presented to the President.
In his address, the Union Home Minister emphasized that respect of heritage is incomplete without respect of language and acceptance of official language will come only when we give respect to local languages.
The Centre’s government move to replace three British-era laws the Indian Penal Code (IPC), 1860, Code of Criminal Procedure (CrPC), 1973, and Indian Evidence Act, 1872 with Hindi names is an attempt” to tamper with the essence of India’s diversity and reeks of “linguistic imperialism”, Tamil Nadu Chief Minister M K Stalin said.

Committee of Parliament on Official Language:

It was set up in 1976 under Section 4 of The Official Languages Act, 1963.
Mandate: To review the progress made in the use of Hindi for official purposes, and to make recommendations to increase the use of Hindi in official communications.
Composition: It comprises 30 members of Parliament, 20 from Lok Sabha and 10 from Rajya Sabha, headed by Home- Minister.
Under the provisions of the 1963 Act, the Committee submits its report to the President, who “shall [then] cause the report to be laid before each House of Parliament, and sent to all the State Governments”.

Official Language

Part XVII of the Constitution deals with the official language in Articles 343 to 351.
Part XVII of the Constitution deals with official language under which, Article 343 specifies that the official language of the Union shall be Hindi in Devanagari script along with the international form of the Indian numerals.
But, notwithstanding this, English will continue to be used for all official purposes of the Union for a period of fifteen years from the commencement of the Constitution that is till 25th January 1965.
Article 344: Article 344(1) provides for the constitution of a Commission by the President on expiration of five years from the commencement of the Constitution.
Article 351: It provides for 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.

About Eighth Schedule:

The Eighth Schedule to the constitution of India lists the official languages of India.
- It consists of the following 22 languages: Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi,Sanskrit, Sindhi, Tamil, Telugu, Urdu, Bodo, Santhali, Maithili and Dogri.
- However, there are no established criteria for a language to be deemed eligible for incorporation into the Eighth Schedule.

Konkani, Manipuri, and Nepali were included by the 71st Amendment Act of 1992.
Bodo, Dogri, Maithili, and Santhali were added by the 92nd Amendment Act of 2003 which came into force in 2004.

Why was Hindi declared as an official language?

Historical Context: Hindi has a long history as a prominent language in northern India and has been used for administrative and cultural purposes for centuries. It was already in use in many regions as a lingua franca.
Independence Movement: During the Indian independence movement, leaders like Mahatma Gandhi advocated for the use of Hindi as a means of bringing together people from different linguistic backgrounds. They saw it as a symbol of unity in the struggle against British colonial rule.

Challenges in furthering Hindi as official language:

Linguistic Diversity: While Hindi is widely spoken in some regions, it is not the native language for many Indians.
- For Example: South India is home to Dravidian states- Andhra Pradesh, Karnataka, Kerala and Tamil Nadu. These states are not really willing to readily accept Hindi as an official language.
Language Identity: Many states have their own languages that are deeply rooted in their cultural identities. These states may resist attempts to prioritize Hindi over their own languages, as it could be seen as a threat to their linguistic heritage and cultural identity.
- For Example: Since language is a state subject, Tamil Nadu has refused to accept three language formula. The Tamil Nadu government has been following a two-language formula which is English and Tamil as two languages of the state.
Political Sensitivities: Language issues can be highly sensitive and political in nature. Attempts to promote one language over others could lead to political conflicts and controversies.

Formation of Linguistic Provinces:

At the time of independence in 1947, India consisted of british India and more than 500 princely states, which were merged together to form different states.
Initially, the grouping of states was done on the basis of political and historical considerations.
However, in 1956 based on the Fazal Ali commission recommendation, the government started to reorganize the states on linguistic or cultural basis.

Language Education: Ensuring quality education in Hindi and training a skilled workforce proficient in the language can be a challenge, particularly in areas where it’s not commonly spoken.
Linguistic Rights: The Indian Constitution recognizes the linguistic rights of citizens, ensuring the right to education and administration in one’s own language. Any attempt to marginalize languages could be seen as a violation of these rights.

Article 29: Any section of the citizens shall have the right to conserve its distinct language, script or culture

Article 30: All minorities shall have the right to establish and administer educational institutions of their choice.

Federal Structure: India follows a federal structure where states have a degree of autonomy. Decisions related to language policy often need to take into consideration the sensitivities of different states and regions.

THe Confusion of Hindi being Official Language or National Language:

A national language of a nation is restricted to accommodate various identities and their differences,common perception of people is that Hindi is the national language of India.
- This is often associated with the ‘one nation, one language’ goal of the country. It is different from official languages.
Current status of Hindi: Hindi is one of our regional languages under the Eighth Schedule of the Constitution.Also, Article 343 specifies that the official language of the Union shall be Hindi in Devanagari script.
Gujarat High Court in Suresh Bhai v. Union (2010): In 2010, the Gujarat High Court in Suresh Bhai v. Union (2010) observed that ‘since the majority of the people have accepted Hindi as a national language and many people speak Hindi and write in Devanagari, yet there is no official record to suggest that any provision has been made to consider it as the national language of the country.‘

Way Forward:

National Integration: Position Hindi as a language that facilitates national integration and communication while respecting the diversity of languages and cultures in India.
Multilingual Approach: Promote a multilingual approach where both Hindi and other regional languages are given importance.
- It can be done by ensuring that official documents, communication, and government services are available in multiple languages, including Hindi and the regional languages of each state.
Language Infrastructure: Develop language infrastructure that supports the use of multiple languages in government, administration, and public services.
- It includes translation services, language training for government officials, and digital platforms that offer content in different languages.
Sensitivity to Regional Feelings: Approach language policies with sensitivity to regional sentiments and historical factors.
Bilingual Communication: In regions where Hindi is not the primary language, encourage bilingual communication, where both Hindi and the regional language are used for official purposes.
Collaborative Approach: Engage with linguistic experts, educators, and representatives from different linguistic communities to develop language policies that are inclusive and balanced.

Languages used in Courts:

Article 348(1)(a) of the Constitution of India states that all proceedings in the Supreme Court and in every High Court, shall be in English language. However, the situation for courts subordinate to the High Court is different.
Section 272 of the Code of Criminal Procedure, 1973, states: “The State Government may determine what shall be, for purposes of this Code, the language of each Court within the State other than the High Court.”
In the Code of Civil Procedure, 1908, sub-section 1 of Section 137 (“Language of subordinate courts”) states: “The language which, on the commencement of this Code, is the language of any Court subordinate to a High Court shall continue to be the language of such subordinate Court until the State Government otherwise directs.”
However, under Section 137(2), “The State Government may declare what shall be the language of any such Court and in what character applications to and proceedings in such Courts shall be written.”