Introduction & Summary
India, a land of unparalleled linguistic diversity, adopted a pragmatic and compromise-driven approach to its official language policy, enshrined in Part XVII (Articles 343-351) of the Constitution. The constitutional scheme designates Hindi in Devanagari script as the Official Language of the Union, while also providing for the continued use of English and recognizing numerous regional languages in the Eighth Schedule.
This delicate balance reflects a commitment to national unity while respecting linguistic pluralism. However, the language policy continues to be a subject of intense debate, particularly concerning the promotion of Hindi, the role of English, and the preservation and development of regional languages.
Core Constitutional Scheme
10.2.1: A Compromise Formula
- The framers adopted a compromise due to linguistic diversity and sensitivity.
- Balanced promotion of Hindi as a unifying language with protection of regional languages.
- Continued use of English for a transitional period.
Source: M. Laxmikanth, 'Official Language'.
Core Principles
- National Unity through common language.
- Preservation of linguistic pluralism.
- Gradualism in implementation.
- Flexibility for States.
10.2.2: Language of the Union (Articles 343-344)
Article 343: Official Language of the Union
- Article 343(1): Hindi in Devanagari script is the official language of the Union.
- Numerals: International form of Indian numerals (not Devanagari form) for official purposes.
- Article 343(2): English was to continue for 15 years from commencement (till 1965).
- Article 343(3): Parliament empowered to legislate for continued use of English or Devanagari numerals after 1965.
- Official Languages Act, 1963: Provided for continuation of English in addition to Hindi, crucial for non-Hindi speaking states.
Article 344: Official Language Commission & Committee of Parliament
- Article 344(1): President to constitute a Commission on Official Language after 5 years, then 10 years.
- First Commission: 1955, under B.G. Kher.
- Mandate: Recommendations on progressive use of Hindi, English restrictions, language in SC/HC, numerals.
- Committee of Parliament (Art 344(4)): 30 members (20 LS, 10 RS) to examine Commission's recommendations.
- First Committee: 1957, under Govind Ballabh Pant.
10.2.3: Regional Languages (Articles 345-347)
Article 345: Official Language(s) of a State
- A State Legislature may adopt any one or more languages in use in the State or Hindi as official language(s).
- Flexibility: Choice not limited to Eighth Schedule languages.
- Until law is made, English continues for official purposes of the state.
Article 346: Communication between States and Union
- Language for communication between States, and State and Union, shall be the official language of the Union (Hindi).
- Exception: Unless States concerned agree to use English.
- If two or more states agree, Hindi may be used for communication between them.
Article 347: Special Provision for Language Spoken by a Section of the Population
- President may direct official recognition of a language if a substantial proportion of the population of a State desires its use.
- Recognition can be throughout the State or any part thereof, for specified purposes.
10.2.4: Language of the Judiciary and Texts of Laws (Articles 348-349)
Article 348: Language for Supreme Court, High Courts, and Laws
- Article 348(1): Until Parliament provides otherwise, English for:
- All proceedings in SC and every HC.
- Authoritative texts of all Bills, Acts, Ordinances, Orders, Rules, Regulations, and Bye-laws (Union & State).
- Article 348(2): Governor of a State (with President's consent) may authorize use of Hindi or State's official language in HC proceedings.
- Crucial Exception: This authorization does NOT apply to judgments, decrees, or orders, which must remain in English unless Parliament legislates otherwise.
- State Legislature can prescribe other language for bills/acts, but English translation published by Governor is authoritative.
Article 349: Special Procedure for Legislation on Language
- During the first 15 years (till 1965), no Bill/amendment related to language in Art 348 could be introduced in Parliament without prior Presidential sanction.
- President would grant sanction only after considering recommendations of Official Language Commission and Parliamentary Committee.
- Significance: Ensured gradual and regulated transition in language policy.
10.2.5: Special Directives (Articles 350-351)
Article 350: Language for Representation of Grievances
- Every person entitled to submit a representation for grievance redressal to any officer/authority of Union or State in any language used in the Union or State.
- Significance: Ensures language access for grievance redressal.
Article 350A: Facilities for Instruction in Mother-tongue at Primary Stage
- Endeavour of every State and local authority to provide adequate facilities for instruction in the mother-tongue at the primary stage of education for children belonging to linguistic minority groups.
Article 350B: Special Officer for Linguistic Minorities (CLM)
- Mandates the appointment of a Special Officer for Linguistic Minorities by the President.
- Role: To investigate all matters relating to the safeguards provided for linguistic minorities and report to the President.
Article 351: Directive for Development of Hindi Language
- Duty of the Union to promote the spread of Hindi and develop it to serve as a medium of expression for all elements of India's composite culture.
- Method of Enrichment: Drawing vocabulary primarily on Sanskrit and secondarily on other languages. Aims to assimilate forms, style, and expressions from Hindustani and other languages in the Eighth Schedule.
10.2.6: Eighth Schedule of the Constitution
Overview
The Eighth Schedule lists the languages recognized by the Constitution. Currently, there are 22 languages in the Eighth Schedule. Originally, it contained 14 languages.
Subsequent Additions to the Eighth Schedule:
Sindhi: Added by the 21st Constitutional Amendment Act (15th language).
Konkani, Manipuri, Nepali (KMN): Added by the 71st Constitutional Amendment Act (16th, 17th, 18th languages).
Bodo, Dogri, Maithili, Santhali (BDMS): Added by the 92nd Constitutional Amendment Act (19th, 20th, 21st, 22nd languages).
Significance of Inclusion
- Enrichment of Hindi: Article 351 directs drawing from these languages.
- Sahitya Akademi: Languages recognized for literary promotion.
- UPSC Exams: Candidates can write civil services examinations in any of these languages.
- Parliament/State Legislature: MPs/MLAs can speak with permission.
- Government Promotion: Measures taken for their development.
Demands & Criteria
- Numerous languages (e.g., Tulu, Rajasthani, Bhojpuri, Magahi, Bhoti, Bundelkhandi) demanding inclusion.
- No specified criteria: Constitution does not specify criteria.
- Various committees proposed criteria, but no universally accepted formula; decision often political.
10.2.7: Classical Language Status
Criteria for Classical Language Status (Ministry of Culture)
- High antiquity of its early texts/recorded history (1500-2000 years).
- A body of ancient literature/texts considered a valuable heritage.
- Literary tradition is original and not borrowed.
- Distinct from modern, with a discontinuity between classical and later forms.
Six Classical Languages
- Tamil (2004)
- Sanskrit (2005)
- Kannada (2008)
- Telugu (2008)
- Malayalam (2013)
- Odia (2014)
Benefits of Classical Status
- Two major international awards for scholars.
- A Centre of Excellence for study.
- UGC may create professional chairs.
- Financial assistance for promotion.
10.2.8: Official Languages Act, 1963 & Three-Language Formula
Official Languages Act, 1963
- Provided for continuation of English as official language of Union, in addition to Hindi, after 1965.
- Allowed for English use for specified purposes.
- English to be used for communication between Union and non-Hindi states.
- Provided for setting up Official Language Committees of Parliament.
Three-Language Formula (Non-Statutory)
- Non-statutory policy formulated in 1968 (Kothari Commission).
- Hindi-speaking states: Hindi (mother tongue/regional), English, one modern Indian language (preferably South Indian).
- Non-Hindi speaking states: Regional language (mother tongue), English, Hindi.
- Purpose: Promote multilingualism and national integration.
10.2.9: Debates & Issues
Imposition of Hindi
Non-Hindi speaking states (especially in South India) often view the aggressive promotion of Hindi as an 'imposition' and a threat to their linguistic identity, leading to strong protests.
Linguistic Chauvinism
Tendencies by dominant linguistic groups to assert superiority, leading to conflicts.
Status of English
Debate on whether English should continue as a co-official language indefinitely or if Hindi should eventually replace it. Many states and individuals prefer English for its economic opportunities and role as a link language.
Regional Language Development
Ensuring adequate promotion and development of all regional languages, especially those with smaller speakers or those not in the Eighth Schedule.
Medium of Education
Debate on the medium of instruction, especially in higher education and technical fields (English vs. regional languages).
Inter-state Communication
Challenges in communication between states with different official languages.
Prelims-ready Notes
- Constitutional Scheme: Part XVII (Art 343-351). Compromise formula for linguistic diversity.
- Language of the Union (Art 343-344):
- Art 343: Hindi in Devanagari script = official language of Union. International form of Indian numerals. English to continue till 1965.
- Official Languages Act, 1963: Provided for continued use of English beyond 1965.
- Art 344: Official Language Commission (by President, after 5/10 yrs - B.G. Kher first, 1955) & Committee of Parliament (30 members - 20 LS, 10 RS - G.B. Pant first, 1957).
- Regional Languages (Art 345-347):
- Art 345: State Legislature can adopt any one or more languages in use in state OR Hindi as official language. (Choice NOT limited to 8th Schedule languages).
- Art 346: Communication between states/State & Union (Union's official language, or mutually agreed, or English).
- Art 347: President can direct official recognition if substantial proportion of population desires.
- Language of Judiciary & Laws (Art 348-349):
- Art 348(1): English in SC & HCs, and authoritative texts of Bills, Acts, Ordinances (Union & State) until Parliament provides otherwise.
- Art 348(2): Governor (with President's consent) can authorize Hindi/State official language in HC proceedings (BUT judgments/orders in English).
- Art 349: Special procedure for language laws in first 15 years.
- Special Directives (Art 350-351):
- Art 350: Representation for grievance redressal in any language used in Union/State.
- Art 350A: Facilities for instruction in mother-tongue at primary stage (for linguistic minorities).
- Art 350B: Special Officer for Linguistic Minorities (CLM).
- Art 351: Directive for development of Hindi language (enrichment from Sanskrit, Hindustani, 8th Schedule languages).
- Eighth Schedule:
- Lists recognized official languages. Currently 22 languages. Original 14 languages.
- Additions: 21st Amdt, 1967: Sindhi (15th). 71st Amdt, 1992: Konkani, Manipuri, Nepali (KMN). 92nd Amdt, 2003: Bodo, Dogri, Maithili, Santhali (BDMS).
- Significance: UPSC exams, enrichment of Hindi, Sahitya Akademi, MPs/MLAs can speak. Demands: Tulu, Rajasthani etc. No fixed criteria.
- Classical Language Status:
- Criteria: High antiquity (1500-2000 yrs), valuable ancient literature, original tradition, distinct from modern.
- Languages: Tamil (2004), Sanskrit (2005), Telugu (2008), Kannada (2008), Malayalam (2013), Odia (2014) - (Total 6).
- Benefits: International awards, Centre of Excellence, UGC Chairs, financial aid.
- Official Languages Act, 1963: Continued use of English.
- Three-language formula: Non-statutory policy (1968, Kothari Comm. Rec.). Hindi states: Hindi, English, 1 modern Indian (preferably South). Non-Hindi states: Regional, English, Hindi.
- Debates: Hindi imposition, linguistic chauvinism, status of English, regional language development.
Summary Table: Constitutional Provisions
| Aspect | Articles Involved | Key Provision / Significance |
|---|---|---|
| Language of Union | Arts 343-344 | Hindi in Devanagari script; English for 15 years (extended by Official Languages Act, 1963). Official Language Commission & Parliamentary Committee. |
| Regional Languages | Arts 345-347 | State Legislature can adopt any language; Communication between states. |
| Judiciary & Law Texts | Arts 348-349 | English for SC/HC proceedings and authoritative texts (unless Parliament or Governor (with President) provides otherwise). |
| Special Directives | Arts 350-351 | Grievance in any language; Mother-tongue instruction (Art 350A); Special Officer for Linguistic Minorities (Art 350B); Development of Hindi (Art 351). |
| Eighth Schedule | Article 344(1) & Schedule VIII | Lists 22 recognized languages (original 14; additions by 21st, 71st, 92nd Amendments). |
| Classical Language | (Ministry of Culture Guidelines) | 6 languages (Tamil, Sanskrit, Telugu, Kannada, Malayalam, Odia). Benefits for promotion. |
Source: The Constitution of India; M. Laxmikanth.
Mains-ready Analytical Notes
Constitutional Scheme: A Pragmatic Compromise
Balances aspiration for national language (Hindi) with deep linguistic diversity. Fostered national unity without alienating non-Hindi speaking regions. Phased approach and state flexibility crucial for managing linguistic nationalism.
Hindi's Development and Challenges of Imposition
Article 351 aims to make Hindi a unifying medium. However, promotion is often perceived as 'imposition', leading to friction and anti-Hindi agitations. Balance between promotion and imposition is a persistent challenge requiring sensitivity.
English as a Link Language
Continued use (Official Languages Act, 1963) vital for inter-state communication, higher education, global communication, administration, and judiciary. Its utility often clashes with the aspiration for a complete shift to Hindi.
Judiciary's Language & Access to Justice
English for SC/HC (Art 348) ensures uniformity. Debate on regional languages in HCs (Art 348(2)) and judgment translation is crucial for enhancing access to justice for ordinary citizens.
Protection of Linguistic Minorities
Special directives (Art 350, 350A, 350B) safeguard minority rights. CLM plays a vital role in monitoring, though its advisory nature limits enforcement power. Integral to India's composite culture.
Eighth Schedule - Symbol of Linguistic Pluralism
Recognizes India's linguistic richness. Demands for more languages reflect growing consciousness. Absence of clear criteria often leads to political lobbying, highlighting a need for transparency.
Three-Language Formula - A Policy Challenge
Aimed at promoting multilingualism and national integration. Implementation has been uneven and controversial, especially in non-Hindi speaking states, underscoring practical difficulties in language policy.
Linguistic Identity vs. National Unity
Language issue deeply intertwined with identity, culture, and regionalism. Constitutional framework aims to balance linguistic autonomy with national unity, a continuous challenge in India's federal polity.
Contemporary Relevance
NEP 2020 (mother tongue instruction), ongoing debates on language in judiciary/administration, language protection in digital age, and linguistic surveys keep the policy dynamically relevant.
Current Affairs & Recent Developments
- National Education Policy (NEP) 2020 Implementation: The Union Government and various State Governments are actively working on implementing the NEP 2020, which strongly advocates for mother tongue instruction in primary education and multilingualism. This directly engages with Article 350A (facilities for instruction in mother-tongue at primary stage) and the broader objective of "regional language development." The CLM (Special Officer for Linguistic Minorities) monitors its implementation. (Source: Ministry of Education, NEP 2020 documents, news reports).
- Language in High Courts and Supreme Court Debates: There have been ongoing discussions and proposals for allowing judgments of the Supreme Court to be translated into regional languages and for increasing the use of regional languages in High Court proceedings. The CJI has also emphasized the need for access to justice in regional languages. This directly relates to "Language of the Judiciary and Texts of Laws" (Articles 348-349) and highlights efforts to make the judiciary more accessible to common people. (Source: Supreme Court observations, Bar Council discussions, news reports).
- Demands for Inclusion in Eighth Schedule: Various linguistic groups continue to press for the inclusion of their languages (e.g., Tulu, Rajasthani, Bhojpuri, Magahi) in the Eighth Schedule. Political parties and cultural organizations often raise these demands in Parliament and state assemblies. This keeps the debate on "Demands for inclusion of more languages" alive. (Source: News reports, parliamentary questions).
- Promotion of Hindi: Government initiatives and events promoting Hindi as the Official Language (e.g., Hindi Diwas celebrations, promotion of Hindi in Central Government offices) continue annually. These sometimes trigger debates about the "Imposition of Hindi" in non-Hindi speaking states. (Source: Ministry of Home Affairs, Department of Official Language).
- Classical Language Initiatives: While no new language has received classical status recently, there are ongoing research and promotional activities for the existing six classical languages through Centres of Excellence, aiming for their development and enrichment. (Source: Ministry of Culture, various universities).
UPSC Previous Year Questions (PYQs)
UPSC CSE 2023: NHRC & Statutory Bodies (Hint: Relates to statutory vs constitutional bodies like CLM)
Consider the following statements:
- The National Human Rights Commission (NHRC) is a statutory body.
- The Chairperson of the NHRC is a retired Chief Justice of India or a retired Judge of the Supreme Court.
- The NHRC has the power to inquire into matters after the expiry of one year from the date on which the act constituting human rights violation is alleged to have been committed.
Which of the statements given above are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (a)
Hint: This question tests statutory bodies. Official Language is a constitutional dimension, often debated. The Special Officer for Linguistic Minorities (Art 350B) is a constitutional body, similar to NCSC (covered in another PYQ).
UPSC CSE 2018: Ninth Schedule & Legislative Powers (Hint: Parliament's powers re: language)
Consider the following statements:
- The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.
- The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgment can be made on it.
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
Answer: (a)
Hint: This question is on legislative powers. Article 343-351 outline Parliament's powers related to official language.
UPSC CSE 2017: National Commission for Scheduled Castes (NCSC) (Hint: Compare with CLM)
Which of the following statements is/are correct regarding the National Commission for Scheduled Castes (NCSC)?
- It is a constitutional body.
- It monitors and investigates all matters relating to safeguards provided for SCs.
- It has the powers of a civil court.
Select the correct answer using the code given below:
- (a) 1 only
- (b) 1 and 2 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer: (d)
Hint: This question tests constitutional bodies. The Special Officer for Linguistic Minorities (Art 350B) is a constitutional body, similar to NCSC.
Mains Questions - Direction
UPSC CSE 2021 (10 marks): Fundamental Duties & Composite Culture
"What are the Fundamental Duties provided in the Constitution of India? Examine the significance of these duties in a democratic society."
Direction: This question can be linked to the official language policy. The fundamental duty to "value and preserve the rich heritage of our composite culture" (Art 51A(f)) directly relates to protecting and promoting all languages, including those in the Eighth Schedule and other regional languages. The development of Hindi (Art 351) is also framed within this composite culture.
UPSC CSE 2018 (15 marks): Constitutional Morality
"Constitutional morality is rooted in the Constitution itself and is founded on the essential principles of the constitutional structure. Explain the doctrine of 'constitutional morality' with the help of relevant court cases."
Direction: The official language policy, designed as a compromise to balance diverse linguistic identities with national unity, is an exercise in constitutional morality. Debates on "Hindi imposition" and the rights of linguistic minorities often invoke constitutional morality to ensure fairness and non-discrimination.
UPSC CSE 2016 (12.5 marks): Fundamental Right to Life
"With the passing of the National Food Security Act, 2013, Fundamental Right to Life (Art 21) of the Constitution is now effectively justiciable. Discuss."
Direction: While on Food Security, this question is broadly about fundamental rights. The language policy relates to Fundamental Rights like freedom of speech and expression (including language) and cultural rights of minorities (Art 29, 30).
Trend Analysis
Prelims Focus:
- Key Articles & Provisions (343, 344, 345, 348, 350A, 350B, 351).
- Eighth Schedule: Total, original, amendment additions (21st, 71st, 92nd).
- Classical Language Status: Criteria, 6 languages, benefits.
- Official Languages Act, 1963 & Three-Language Formula.
- Appointments: Official Language Commission, Special Officer for Linguistic Minorities.
Mains Focus:
- Constitutional Compromise: Balancing unity and diversity.
- Debates & Challenges: Hindi imposition, English status, regional language development.
- Role of Judiciary/Administration.
- Protection of Linguistic Minorities (Art 350A, 350B, CLM).
- Contemporary Relevance (NEP, judicial language, 8th Schedule demands).
Original MCQs for Prelims
1. Official Language Provisions
Consider the following statements regarding the Official Language provisions of the Indian Constitution:
- The Constitution mandates that the official language of the Union shall be Hindi in Devanagari script, with the international form of Indian numerals.
- The Official Languages Act, 1963, made it mandatory for English to continue as the official language of the Union beyond 1965.
- A State Legislature can adopt any one or more languages in use in the state, including any language not listed in the Eighth Schedule, as its official language.
Which of the statements given above are correct?
Answer: (c)
Explanation:
- Statement 1 is correct (Art 343(1)).
- Statement 2 is incorrect. The Official Languages Act, 1963, provided for the continuation of English in addition to Hindi, but it did not make its continued use mandatory. It allowed for its use.
- Statement 3 is correct (Art 345). States have the flexibility to choose any language in use in the state, not limited to the Eighth Schedule.
2. Eighth Schedule Additions (92nd Amendment)
Which of the following languages were added to the Eighth Schedule of the Constitution by the 92nd Constitutional Amendment Act, 2003?
Answer: (b)
Explanation:
- (a) Sindhi (21st Amdt); Konkani, Manipuri (71st Amdt).
- (b) Bodo, Dogri, Maithili, Santhali (BDMS) were added by the 92nd Amendment, 2003.
- (c) Konkani, Manipuri, Nepali (KMN) were added by the 71st Amendment, 1992.
- (d) Nepali was added by 71st Amdt.
Original Descriptive Questions for Mains
1. Official Language Policy: Compromise and Challenges (15 marks)
"India's official language policy is a reflection of its unique linguistic diversity and a pragmatic attempt to balance national unity with regional identity. However, this constitutional compromise continues to face significant challenges." Critically analyze the scheme of Official Language as enshrined in Part XVII of the Constitution, discussing the key challenges it encounters in practice and suggesting measures to promote linguistic harmony.
Key Points/Structure:
- Introduction: Part XVII as a compromise.
- Constitutional Scheme: Union language (Art 343, OLA 1963), Regional languages (Art 345), Judiciary/Laws (Art 348), Special Directives (Art 350-351), Eighth Schedule.
- Key Challenges: "Hindi Imposition," Status of English, Regional Language Development, Judiciary/Administration language, Linguistic Chauvinism, Three-Language Formula unevenness.
- Measures for Harmony: Consensus, promotion without imposition, mother-tongue education (NEP 2020), multilingualism, technology, increased regional language use, clear 8th Schedule criteria.
- Conclusion: Diversity as strength, need for continuous recalibration, mutual respect.
2. Protection of Linguistic Minorities & CLM (10 marks)
"The protection of linguistic minorities is integral to India's composite culture and national integration. Discuss the key constitutional safeguards provided for linguistic minorities, and analyze how the Special Officer for Linguistic Minorities (CLM) contributes to upholding these safeguards in practice."
Key Points/Structure:
- Introduction: Constitutional commitment to protect minorities for composite culture/integration.
- Constitutional Safeguards: Art 29 (conserve language), Art 30 (establish educational institutions), Art 347 (Presidential direction), Art 350 (grievance representation), Art 350A (mother-tongue instruction), Art 350B (CLM).
- CLM's Contribution: Investigation, Reporting (to President/Parliament), Advocacy & Awareness, Coordination, Grievance Redressal.
- Challenges (Brief): Advisory nature, lack of enforcement, limited resources.
- Conclusion: CLM's indispensable role in institutionalizing protection, vital for harmony and inclusive India.