Articles 348 and 349 of the Constitution deal with the language to be used in the Supreme Court, High Courts, and for authoritative texts of laws at both the Union and State levels. These provisions reflect a pragmatic approach, largely retaining English due to its widespread use in legal education, precedent, and inter-state communication, while allowing for some flexibility for regional languages in High Court proceedings. Article 349, now largely historical, provided a special procedure during the initial 15 years for enacting laws related to the language of the judiciary, emphasizing a cautious transition. This chapter is critical for understanding the language of law and justice in India.
Chapter IV of Part XVII of the Constitution also contains special directives related to language, primarily aimed at protecting the rights of individuals and linguistic minorities. Articles 350, 350A, and 350B ensure that citizens can use their preferred language for communication with authorities and that linguistic minorities have facilities to receive education in their mother tongue. Article 351, on the other hand, places a directive on the Union to promote Hindi, but crucially, mandates that this promotion should be done in a way that respects and integrates elements from all of India's composite culture, thereby promoting unity through diversity.
Article 348(1): English as Default Language
Mandates English as the language for:
- All proceedings in the Supreme Court and in every High Court.
- Authoritative texts of all Bills, Acts, Ordinances (Union & State), and all orders, rules, regulations, bye-laws.
Significance:
Ensured continuity, uniformity in legal proceedings, leveraging English familiarity nationwide and internationally. Provided a stable linguistic foundation for the legal system.
Article 348(2): High Court Flexibility
Allows for flexibility in High Courts:
- Governor (with President's consent) can authorize Hindi or other State language for proceedings.
Crucial Limitation:
This authorization does NOT apply to judgments, decrees, or orders passed by such High Court under Article 348(2).
Official Languages Act, 1963 (Section 7):
Allows optional use of Hindi/other official language for judgments, decrees, or orders, if President's consent is obtained. MUST be accompanied by an English translation.
Examples: UP, Bihar, Rajasthan, MP authorized to use Hindi in their High Courts.
Article 348(3): Authoritative Text of State Laws
Ensures accessibility and uniformity for State-level legislation:
- If a State Legislature prescribes a language other than English for its Bills, Acts, Ordinances, etc.
- An English translation published under the Governor's authority in the Official Gazette shall be deemed the authoritative text in English.
Crucial for inter-state communication, Union-State relations, and judicial review at higher levels.
Article 349: Special Procedure (Historical)
Stipulated a cautious approach to changing judicial/legal language:
- During the initial 15 years (1950-1965) from Constitution's commencement.
- No Bill or amendment related to Article 348's language could be introduced in Parliament without previous Presidential sanction.
- President's sanction was conditional on considering recommendations of the Official Language Commission (Art 344(1)) and Parliamentary Committee (Art 344(4)).
Historical Significance:
This provision is now largely historical as the 15-year period has expired. Parliament is now free to legislate on judicial/legal language without this specific restriction, though normal Presidential assent is still required.
Article 350: Grievance Redressal
Every person has the right to submit a representation for grievance redressal to any officer or authority of the Union or State.
This can be done in any language used in the Union or the concerned State.
Significance: Enhances accessibility to governance and grievance redressal by removing linguistic barriers for citizens.
Article 350A: Mother-Tongue Instruction
Inserted by the 7th Constitutional Amendment Act, 1956 (based on SRC recommendations).
It shall be the endeavour of every State and local authority to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups.
President can issue directions to states for securing these facilities, acting as a safeguard and monitoring mechanism.
Article 350B: Special Officer for Linguistic Minorities
Also inserted by the 7th Constitutional Amendment Act, 1956.
Constitutional body appointed by the President.
Duty: Investigate safeguards for linguistic minorities (including 350A) and report to the President.
Provides an institutional mechanism to monitor and ensure the implementation of safeguards for linguistic minorities.
Article 351: Directive for Hindi Development
It is the Union's duty to promote the spread and development of the Hindi language.
Crucial Nuance:
Hindi's promotion must be done in a way that it serves as a medium of expression for all elements of India's composite culture, by assimilating forms, styles, and expressions from Hindustani and other languages in the Eighth Schedule, without interfering with their genius.
Goal:
To promote unity through diversity, ensuring Hindi's growth is inclusive and respectful of India's linguistic pluralism.
(Articles 348-351)
(Judiciary & Laws)
(Special Proc. - Historical)
(Grievance Redressal)
(Mother-Tongue Instruction)
(Special Officer)
(Hindi Development)
1950: Commencement of Constitution
Articles 348 (English as default for higher judiciary and authoritative texts) and 349 (special procedure for 15 years to change judicial language) come into force.
1956: 7th Constitutional Amendment Act
Introduced Articles 350A (facilities for mother-tongue instruction at primary stage) and 350B (Special Officer for Linguistic Minorities) based on States Reorganisation Commission (SRC) recommendations, strengthening linguistic minority rights.
1965: Expiry of 15-Year Period (Article 349)
The special restriction under Article 349 for changing the language of the judiciary and laws expires. Parliament gains more legislative flexibility on this matter, though normal presidential assent still required.
1963: Official Languages Act
Passed by Parliament, allowing for continued use of English for official purposes of the Union even after 1965. Section 7 specifically addresses the optional use of Hindi/regional languages for High Court judgments (with English translation).
Language of Judiciary - Accessibility vs. Uniformity
Debate: English ensures uniformity in legal precedents and allows judge/lawyer transfer. However, its dominance creates a barrier for common citizens and many legal professionals in non-English speaking regions.
Call for Regional Languages: Strong demands for allowing more regional languages in High Courts (beyond proceedings to judgments) and in the Supreme Court. Counter-arguments cite the need for a unified legal system and ease of appeal.
Official Languages Act, 1963 (Section 7): A partial compromise, allowing regional language judgments in HCs with mandatory English translation.
Implementation of Mother Tongue Instruction (Article 350A)
Challenges: States often face resource constraints (trained teachers, textbooks), administrative hurdles, and lack of political will, especially for smaller linguistic minority groups.
Parental Preference: Sometimes, parents prefer dominant regional languages or English medium schools for perceived better job prospects, creating a dilemma.
Promotion of Hindi vs. Linguistic Pluralism (Article 351)
Tension: The directive to promote Hindi often generates apprehension in non-Hindi speaking states, fearing imposition.
Interpretation: The crucial phrase "composite culture" implies Hindi's development should incorporate vocabulary and styles from other Indian languages, rather than being a purist imposition. The debate is often whether Hindi promotion aligns with this spirit or is seen as linguistic hegemony.
Role of Special Officer for Linguistic Minorities (Article 350B)
Its effectiveness is limited by its advisory nature, lack of direct enforcement powers, and resource constraints, even though its mandate (including monitoring 350A) is critical.
Contemporary Relevance & Impact
National Education Policy (NEP) 2020: Strong emphasis on mother tongue as medium of instruction up to Grade 5 and beyond. Aligns with Article 350A, promotes multilingualism.
Accessibility to Justice: Language of judiciary remains a barrier. Debates on regional language judgments via translation software are ongoing (e.g., CJI D.Y. Chandrachud's emphasis on SC judgments in regional languages).
Digital Transformation: Necessitates making information accessible in various regional languages, impacting Article 350 and general communication.
Cultural Identity: Special directives reinforce linguistic diversity as a strength, ensuring national language promotion doesn't erase unique linguistic identities.
Current Affairs & Recent Developments
NEP 2020 Implementation & Mother Tongue: Significant focus by Ministry of Education on curriculum development in regional languages (direct manifestation of Article 350A).
Calls for Regional Languages in SC/HC: Periodic demands from bar councils, state governments for regional languages in higher judiciary. Technology (AI-based translation) is explored as a solution.
Official Language Committee Reports: Committee of Parliament on Official Language continues to submit reports (e.g., 11th Report in 2022) recommending increased Hindi use, fueling ongoing debates.
Prelims MCQs
| Q No. | Question | Answer | Hint |
|---|---|---|---|
| 1. | Consider the following statements regarding the language provisions of the Indian Constitution: 1. Article 350A directs every State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups. 2. All proceedings in the Supreme Court and in every High Court shall be in English language, unless Parliament by law otherwise provides. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 |
(c) | Both statements are directly from Article 350A and 348 respectively. |
| 2. | The 'Special Officer for Linguistic Minorities' is a constitutional body that reports to the: (a) Parliament of India (b) President of India (c) Ministry of Minority Affairs (d) Prime Minister of India |
(b) | The Special Officer for Linguistic Minorities (Article 350B) reports to the President. |
| 3. | Which one of the following Constitutional Amendments inserted Article 350A and 350B into the Constitution of India? (a) 42nd Amendment Act (b) 44th Amendment Act (c) 7th Amendment Act (d) 91st Amendment Act |
(c) | The 7th Constitutional Amendment Act, 1956, inserted both Articles 350A and 350B. |
| 4. | Consider the following statements regarding the language of the Judiciary as per the Indian Constitution: 1. All proceedings in the Supreme Court shall compulsorily be in the English language until Parliament by law otherwise provides. 2. The Governor of a State may, with previous consent of the President, authorize the use of Hindi or any other official language of the State for judgments passed by a High Court. 3. The authoritative text of all Bills and Acts passed by a State Legislature, if in a language other than English, requires an English translation published under the authority of the Governor to be deemed its authoritative text. Which of the statements given above is/are correct? (a) 1 and 2 only (b) 1 and 3 only (c) 2 and 3 only (d) 1, 2 and 3 |
(b) | Statement 1 and 3 are correct. Statement 2 is incorrect; Art 348(2) explicitly states that the clause allowing regional language use in HC proceedings shall not apply to judgments. The Official Languages Act, 1963, Section 7, allows it with English translation, but the constitutional provision itself has this limitation. |
| 5. | Which of the following special directives related to language was inserted by the 7th Constitutional Amendment Act, 1956? 1. Language to be used in representations for redress of grievances (Article 350). 2. Facilities for instruction in mother-tongue at primary stage (Article 350A). 3. Special Officer for Linguistic Minorities (Article 350B). Select the correct code: (a) 1 and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3 |
(b) | Article 350 was part of the original Constitution. Articles 350A and 350B were inserted by the 7th Amendment Act, 1956. |
Mains Descriptive Questions
1. "The constitutional provisions governing the language of the judiciary in India, while aiming for uniformity, present significant challenges for accessibility to justice for the common citizen." Discuss the relevant articles (348-349) in light of this statement, and critically analyze the arguments for and against a greater role for regional languages in the higher judiciary. (15 marks)
- Introduction: Balance uniformity in law with accessibility of justice.
- Constitutional Provisions (Art 348 & 349):
- Default English: Art 348(1) for SC/HC proceedings, authoritative texts. Rationale: uniformity, precedent.
- Limited Regional Use: Art 348(2) allows regional language for HC proceedings (President's consent), excludes judgments.
- Official Languages Act, 1963 (Sec 7): Allows regional language judgments in HCs (with English translation).
- Art 349: Historical restriction on changing judicial language (now obsolete).
- Arguments FOR Greater Use of Regional Languages: Accessibility, Democratic Participation, Reduced Costs, Promotes Regional Languages.
- Arguments AGAINST Greater Use of Regional Languages: Uniformity of Law (inconsistent interpretations), Judges' Transferability, Appellate System complexity, English dominance in Legal Education, Administrative Feasibility (translation, staffing).
- Conclusion: Pragmatic approach, leveraging technology for translations, balancing accessibility with uniformity.
2. "The Special Directives in the Indian Constitution ensure that linguistic diversity is protected and promoted, particularly for minority groups." Examine the provisions of Articles 350, 350A, and 350B in light of this statement, and discuss the practical challenges encountered in their implementation at the ground level. (10 marks)
- Introduction: Importance of linguistic diversity and minority protection.
- Provisions & Their Role:
- Article 350 (Grievance Redressal): Accessibility to administration.
- Article 350A (Mother Tongue Instruction): Endeavour for primary education in mother tongue for linguistic minorities.
- Article 350B (Special Officer): Constitutional body to investigate and report safeguards.
- Practical Challenges in Implementation:
- "Endeavour" vs. Mandate: Varied implementation.
- Resource Constraints: Lack of funds, trained teachers, textbooks.
- Parental Preference: Sometimes prefer dominant language/English medium.
- Administrative Apathy: Lack of proactive measures.
- Limited Powers of Special Officer (Art 350B): Advisory nature, resource issues.
- Identification Challenges: Difficulty in enumerating diverse linguistic minority groups.
- Conclusion: Strong constitutional basis, but effective implementation needs political will, resources, and sensitized administration.