Official Language of India: Evolution, Constitutional Provisions & Feature

Introduction

Article XVII of the Constitution of India comprising Articles 343 to 351 delineates the framework for the official language. These provisions cover Language of the Union, Regional languages, Language of the judiciary and texts of laws, and Special directives. 

Each aspect plays a crucial role in shaping the linguistic landscape and ensuring effective communication within the nation. This constitutional framework reflects the diversity and inclusivity inherent in India’s linguistic heritage while providing a foundation for harmonious coexistence and administrative efficiency.

The Evolution of Hindi as India’s Official Language

• Hindi as the Official Language: Hindi, written in Devanagari script to be the official language of the Union.
• Transitional Provision: For a period of fifteen years from the commencement of the constitution, English will continue to be used for all the official purposes of the Union for which it was being used before 1950.
• Even after fifteen years, Parliament may provide for the continued use of English for specific purposes.
• Commission Appointments for Progressive Adoption of Hindi: 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 about the progressive use of the Hindi language, restrictions on the use of the English language and other related issues. 
• Article 344: A committee of parliament is to be constituted to examine the recommendation of the commission and to report its views on them to the President.
• • Official Languages Act 1963: Continued use of English without time limit (amended in 1967 – use of English in addition to Hindi, compulsory in certain cases).
• Official Commissions: 
• B. G. Kher Commission (1955)
• Parliament committee under G. B. Pant (1957).

Linguistic Diversity and State Policy: Regional Languages in India’s Constitutional Framework

• Article 345: official languages or languages of the state.
• State Language Provisions: The Constitution does not specify the official language of different states. In this regard, it makes the following provisions:
• The legislature of the state may adopt any one or more of the languages in use in the state or Hindi as the official language of the state. 
• Until that is done, English is to continue as the official language of that state.
  • States are not confined to selecting languages listed in the Eighth Schedule of the Constitution.

• Article 346: The official language of union (i.e., English) shall be the link language for communications between the Union and states.
• • However, two or more states have the freedom to mutually decide to utilize Hindi, rather than English, for communication among themselves.
• Recognition of Language (Article 347): When the president (on a demand being made) is satisfied that a substantial proportion of the population of a state desires the use of any language spoken by them to be recognised by the state, then he may direct to officially recognize the same to protect the linguistic interest of the minority of state.
• Official Languages Act (1963):  Lays down that English should be used for purposes of communication between the Union and the non-Hindi states. 
• In cases where Hindi is employed for communication between a Hindi-speaking state and a non-Hindi-speaking state, it must be accompanied by an English translation.

English Language in Courts and Laws: How It Works in India

• Mandatory Use of English Language: Until Parliament provide otherwise, the following are to be in the English language only (Article 348):
• All proceedings in the supreme court and in every high court.
• The authoritative texts of all bills, acts, ordinances etc., at the center and state level.
• Language Use in High Court Proceedings: The Governor, with the previous consent of the President, can authorize the use of Hindi or any other official language of the state, in the proceedings of the High court, but not with respect to judgements, decrees and order passed by it (until Parliament otherwise provides).
• Language Prescriptions in State Legislative Matters: State legislature can prescribe the use of any language (other than English) with respect to bills, acts, ordinances, etc. But a translation of the same in the English language is to be published.
• Language Usage in the Supreme Court: Parliament has not made any provision for the use of Hindi in the Supreme Court. Hence, the Supreme Court hears only those who petition or appeal in English.

Protective Measures and Language Development: Special Directives in the Indian Constitution

The Constitution contains certain special directives to protect the interests of linguistic minorities and to promote the development of the Hindi language. They are:

• Article 350: Language to be used in representation for redress of grievances.
• Article 350A: Facilities for instruction in mother tongue at the primary stage.
• Article 350B: The President should appoint a special officer for linguistic minorities to investigate all matters relating to the constitutional safeguards for linguistic minorities and to report to him. 
• The President should place all such reports before the Parliament and send them to the state government concerned.
• Article 351: Directive for development of the Hindi language.

The Criteria and Implications of Classical Language Status in India

• In 2004, the Government of India decided to create a new category of languages called “classical languages”. In 2006, it laid down the criteria for conferring classical language status.
• Criteria:
• High antiquity of its early texts/recorded history over a period of 1,500– 2,000 years.
• Body of ancient literature/texts which is considered a valuable heritage by generations of speakers.
• Literary tradition that is original and not borrowed from another speech community.
• • The classical language and literature being distinct from modern, there may also be a discontinuity between the classical language and its later forms or its offshoots.
• Benefits: Financial assistance; Two major awards for scholars of eminence; University grants commission can be requested to create (at least in the central university) a certain number of professional chairs for scholars of eminence in the language.

Languages conferred with Classical Language status

Constitutional Provisions dealing with Official Languages

Conclusion

• The official language provisions of a country are crucial for promoting unity, ensuring effective communication, and protecting linguistic diversity. 
• These provisions reflect the commitment to accommodate the linguistic needs of diverse populations while upholding administrative efficiency and national cohesion.ge