Part XVII: Official Languages
Part XVII of the Indian Constitution, spanning Articles 343 to 351, establishes the framework for official languages, promoting linguistic unity while respecting India's diversity. These provisions are systematically grouped into four key categories: the language of the Union, regional languages, the language of the judiciary and legal texts, and special directives. This structure balances national cohesion with regional sensitivities, guiding everything from parliamentary proceedings to judicial documentation.
Language of the Union
The Indian Constitution establishes clear provisions for the official language of the Union, balancing linguistic unity with practical continuity. Hindi, written in the Devanagari script, serves as the official language. However, for all official purposes of the Union, numerals must follow the international form of Indian numerals—such as 1, 2, and 3—rather than their Devanagari equivalents.
To ensure a smooth transition, English retained its role for all official Union purposes for which it was used before 1950, continuing for the first fifteen years after the Constitution's commencement (from 1950 to 1965). Parliament also holds the authority to extend English's use beyond this period for specified purposes. Additionally, the President must appoint a commission at the end of five years (1955) and again at ten years (1960) from the Constitution's start. This body would recommend steps for the progressive adoption of Hindi, limitations on English, and related matters. Parliament then forms a committee to review these recommendations and report back to the President.
In practice, President appointed the first Official Language Commission in 1955, chaired by B.G. Kher, which submitted its report in 1956. A parliamentary committee under Gobind Ballabh Pant examined it in 1957. Notably, no second commission was formed in 1960 as envisaged.
Parliament addressed these developments through the Official Languages Act, 1963, which permitted the continued use of English alongside Hindi for all official Union purposes and parliamentary business—without any fixed time limit. This Act was amended in 1967 to make English, in addition to Hindi, compulsory in certain specified cases, reinforcing bilingualism for administrative efficiency.
Regional Languages in the States
The Indian Constitution wisely leaves the choice of official languages for states to their own legislatures, fostering linguistic federalism without imposing uniformity. It empowers each state legislature to adopt one or more languages spoken within its borders—or Hindi—as the official language. In the absence of such a decision, English continues to serve as the default official language. This flexibility has allowed most states to embrace their predominant regional tongue: Telugu in Andhra Pradesh, Malayalam in Kerala, Assamese in Assam, Bengali in West Bengal, and Odia in Odisha, for instance. Northern states like Himachal Pradesh, Uttar Pradesh, Uttarakhand, Madhya Pradesh, Chhattisgarh, Bihar, Jharkhand, Haryana, and Rajasthan have opted for Hindi. Gujarat pairs Hindi with Gujarati, while Goa combines it with Konkani; Jammu and Kashmir chose Urdu over Kashmiri. Northeastern states such as Meghalaya, Arunachal Pradesh, and Nagaland retain English. Importantly, states are not confined to the languages listed in the Eighth Schedule of the Constitution.
For communication between the Union and states—or among states themselves—English acts as the interim link language. However, states enjoy the liberty to mutually agree on Hindi as an alternative. Several Hindi-speaking states, including Rajasthan, Uttar Pradesh, Madhya Pradesh, and Bihar, have forged such pacts to streamline interactions. The Official Languages Act, 1963, reinforces this framework by mandating English for exchanges between the Union and non-Hindi states. Even when Hindi is used between a Hindi-speaking and a non-Hindi state, an English translation must accompany it, ensuring accessibility and equity.
To safeguard linguistic minorities, the Constitution includes a protective mechanism: if the President is satisfied—upon a formal demand—that a substantial portion of a state's population wishes to officially recognize a language they speak, he may issue a directive to that effect. This provision underscores India's commitment to nurturing diverse linguistic identities within its federal structure.
Language of the Judiciary and Texts of Laws
The Indian Constitution mandates the use of English as the primary language for judicial proceedings and legislative texts, ensuring uniformity and accessibility across the nation. Until Parliament decides otherwise, all proceedings in the Supreme Court and every High Court must be conducted solely in English. Similarly, the authoritative versions of all bills, acts, ordinances, orders, rules, regulations, and bye-laws—whether at the central or state level—remain in English only.
This framework allows limited flexibility for High Courts. A state governor, with the prior consent of the President, may authorize the use of Hindi or the state's official language for High Court proceedings, excluding judgments, decrees, or orders, which must still be issued in English. The Official Languages Act, 1963, extends this further: it permits the governor, again with presidential approval, to allow Hindi or the state’s official language for High Court judgments, provided an English translation accompanies them. States like Uttar Pradesh, Madhya Pradesh, Bihar, and Rajasthan have adopted Hindi for this purpose.
State legislatures enjoy comparable leeway for their own laws. They may prescribe any language other than English for bills, acts, ordinances, orders, rules, regulations, or bye-laws, but must publish an English translation alongside. The Official Languages Act, 1963, reinforces this by deeming Hindi translations of central acts, ordinances, orders, regulations, and bye-laws—published under the President's authority—as authoritative. It also requires every bill introduced in Parliament to include a Hindi translation, with similar provisions for certain state acts or ordinances.
The Supreme Court, however, remains strictly English-only, as Parliament has made no provision for Hindi. This was starkly illustrated in 1971, when a petitioner demanded to argue a habeas corpus case in Hindi; the Court dismissed the petition, ruling that permitting Hindi would violate constitutional language norms.
Complementing these rules, the Authorised Translations (Central Laws) Act, 1973, recognizes translations of central laws into any Eighth Schedule language (except Hindi) as authoritative, provided they are published in the Official Gazette under the President's authority. This balanced approach upholds English as the bedrock while gradually accommodating India's linguistic diversity.
Constitutional Linguistic Safeguards and Hindi
The Indian Constitution embeds special directives designed to safeguard the interests of linguistic minorities while simultaneously promoting the growth and development of the Hindi language. These provisions reflect the framers' commitment to linguistic harmony in a diverse nation.
Protection of Linguistic Minorities
The Indian Constitution thoughtfully safeguards the rights of linguistic minorities through targeted provisions, ensuring their voices are heard and their educational needs are met. These measures promote inclusivity while respecting India's linguistic diversity.
A key protection allows any aggrieved individual to submit a representation for redressal to any Union or State officer or authority in any language used in the Union or the relevant State. Crucially, such a representation cannot be rejected merely because it is not in the official language, empowering citizens to communicate in their preferred tongue without linguistic barriers.
To support early education, every State and its local authorities must provide adequate facilities for instruction in the mother tongue at the primary stage for children from linguistic minority groups. The President holds the authority to issue necessary directions to enforce this obligation, ensuring practical implementation across the country.
Finally, the President appoints a Special Officer for Linguistic Minorities. This officer investigates all matters pertaining to constitutional safeguards for these groups and submits reports directly to the President. These reports are then laid before Parliament and forwarded to the concerned State governments, fostering accountability and ongoing vigilance.
Development of Hindi Language
The Indian Constitution mandates the Central government to actively promote the spread and development of Hindi, envisioning it as the lingua franca that unites India's diverse composite culture. This provision underscores Hindi's role not just as a language, but as a bridge fostering national integration.
To achieve this, the Constitution directs the Centre to enrich Hindi by assimilating the forms, styles, and expressions from Hindustani and the languages listed in the Eighth Schedule. Its vocabulary should primarily draw from Sanskrit, with secondary contributions from other languages, ensuring Hindi evolves as a vibrant, inclusive medium reflective of India's linguistic heritage.
As of 2019, the Eighth Schedule recognizes 22 languages, up from the original 14 at the time of adoption. These include Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithili, Malayalam, Manipuri, Marathi, Nepali, Odia, Punjabi, Sanskrit, Santali, Sindhi, Tamil, Telugu, and Urdu. Key expansions came through constitutional amendments: Sindhi was added via the 21st Amendment Act of 1967; Konkani, Manipuri, and Nepali through the 71st Amendment Act of 1992; and Bodo, Dogri, Maithili, and Santhali via the 92nd Amendment Act of 2003.
The inclusion of these regional languages in the Eighth Schedule serves two primary constitutional objectives. First, it ensures representation for their speakers on the Official Language Commission, giving voice to India's linguistic diversity in policy-making. Second, it facilitates the use of their forms, styles, and expressions to further enrich Hindi, promoting a symbiotic growth among India's languages.
Committee of Parliament on Official Language
The Official Languages Act, 1963, envisioned a dedicated parliamentary body to monitor the adoption of Hindi for official Union purposes. This Committee of Parliament on Official Language was to be established ten years after the Act's commencement—originally slated for 26 January 1973—but came into being in 1976 through a resolution passed by both Houses of Parliament, with the President's prior approval. Comprising 30 members—20 elected from the Lok Sabha and 10 from the Rajya Sabha via proportional representation and the single transferable vote—the Committee reflects balanced representation from India's bicameral legislature.
Its core mandate, as outlined in the Act, is to assess progress in using Hindi across Union government functions. The Committee submits detailed reports with recommendations to the President, who lays them before both Houses of Parliament and forwards them to state governments. The President may then issue directives based on the report, incorporating state feedback where relevant. Members elect the Chairman from among themselves, with the convention of appointing the Union Home Minister ensuring high-level oversight.
To fulfill its duties effectively, the Committee employs a hands-on approach. It inspects Central Government offices across diverse sectors, forming three sub-committees to divide ministries and departments for thorough evaluation. This not only gauges Hindi usage but also motivates offices to align with constitutional goals and the Act's provisions. Complementing inspections, the Committee invites oral evidence from experts in education, judiciary, voluntary organizations, and departmental secretaries, providing a multifaceted view of implementation challenges.
The Committee's reviews unfold against the backdrop of Article 343–351 of the Constitution, the Official Languages Act, 1963, its rules, and periodic government circulars. Its expansive terms of reference extend beyond offices to broader policy dimensions, such as the medium of instruction in schools, colleges, and universities; recruitment to Central services; and departmental exams. Recognizing the vast scope, the Committee opted in 1985 and 1986 to submit reports in thematic parts, addressing specific facets of official language policy amid evolving circumstances.
Administratively, the Committee's Secretariat operates under the Department of Official Language in the Ministry of Home Affairs. Led by a dedicated Secretary and supported by Under Secretaries and other staff, it provides seamless assistance for all activities, from inspections to report drafting. Through these mechanisms, the Committee sustains momentum toward Hindi's progressive official entrenchment.
Classical Language Status
In 2004, the Government of India introduced a prestigious new category known as classical languages, recognizing the rich ancient heritage of select Indian tongues. To formalize this honor, it established clear criteria in 2006 for conferring the status, emphasizing factors like antiquity, substantial body of original literature, and uninterrupted literary tradition.
As of 2019, six languages had been awarded this distinction, as detailed in Table 65.1.
Benefits of Classical Language Status
Declaring a language as classical brings a host of tangible benefits, enriching its preservation and scholarship. The government provides financial assistance to establish a dedicated Centre of Excellence for its advanced study and research. This status also enables the institution of two prestigious awards to honor scholars of outstanding eminence in the language. In addition, proponents can urge the University Grants Commission (UGC) to create professional chairs—starting with those in Central Universities—reserved for distinguished experts, fostering deeper academic engagement.
Criteria for Classical Language Status
To qualify as a classical language, a tongue must satisfy rigorous criteria centered on its enduring legacy. Foremost is the high antiquity of its early texts or recorded history, attested continuously over 1,500 to 2,000 years. It must also boast a substantial body of ancient literature cherished as an invaluable cultural heritage across generations of speakers. Equally vital is an original literary tradition, independent and unborrowed from any other speech community. Finally, given the inherent distinction between classical forms and their modern counterparts, a natural discontinuity may exist between the ancient language and its later evolutions or offshoots.