The Constitution of India, in its Preamble, pledges to establish a sovereign democratic republic and a new social order wherein all citizens would have “justice, socio-economic and political liberty of thought, expression, belief, faith and worship; equality of status and of opportunity; and to promote among hem of fraternity sharing the dignity of the individual and the unity of the nation”.

To implement this resolve of the Constitution, the Constitution has enshrined fundamental rights contained in a Bill of Rights in Part III of the Constitution articles 12-35 as the Preamble states, they arise out of the ‘original freedoms’ which are at once the necessary attributes and modes of expression of the human beings and primary conditions of their community life within an established legal order. These are comparable to the ‘natural and inalienable’ rights described in the American Declaration of Independence.

The fundamental rights guarantee the right to freedom of speech and expression [19.1(a)] and protection of interests of minorities articles 29 and 30. Article 350 gives further shape to the linguistic right of minorities. In the case of Ranjit D. Udeshi Vs. State of Maharashtra (AIR 65 SC 888[85]), Justice Hidayatullah rules thus: “that cherished right on which our democracy rests is meant for the expression of free opinion to change political or social conditions or for advancement of human knowledge”. There is no doubt that under the first and the 6th amendments reasonable restrictions have been placed on the exercise of the right of speech in the interests of (a) Security of the state,(b) Friendly relations with foreign state, (c) Public order, (d) Decency or morality, (e) Contempt of court (f) Defamation, (g) Incitement to an offence, and (h) Sovereignity and integrity of the union of India

However, the freedom of speech and expression protects opinion, gives right to dissent, promotes uninterrupted debate of issues and to the point of protecting unconfirmable and unorthodox views and writings.

Article 29.1 stipulates that “any section of the citizens residing in the territory of India or any part thereof having a distinct language, script, or culture of its own shall have the right to conserve the same.

Part XVII of the Indian Constitution deals with the question of Official Language. The relevant chapter is quoted below:

1) The official language of the Union shall be Hindi in Devanagari script.

The form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals.

2) Notwithstanding anything in clause (1), for a period of fifteen years from the commencement of this Constitution, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement:

Provided that the President may, during the said period, by order authorise the use of the Hindi language in addition to the English language and of the Devanagari form of numerals in addition to the international form of Indian numerals for any of the official purposes of the Union.

3) Notwithstanding anything in this article, Parliament may by law provide for the use, after the said period of fifteen years, of -

(a) the English language, or
(b) the Devanagari form of numerals
for such purposes as may be specified in the law. 344, (1) the President shall, at the expiration of five years from the commencement of this Constitution and thereafter at the expiration of ten years from such commencement, by order constitute a Commission which shall consist of a Chairman and such other members representing the different languages specified in the Eight Schedule as the President may appoint, and the order shall define the procedure to be followed by the Commission.

(2) It shall be the duty of the Commission to make recommendations to the President as to -

a) the progressive use of the Hindi language for the official purposes of the Union;
b) restrictions on the use of the English language for all or any of the official purposes of the union;
c) the language to be used for all or any of the purposes mentioned in Article 348;
d) the form of numerals to be used for any one or more specified purposes of the Union;
e) any other matter referred to the Commission by the President as regards the official language of the Union and the language for communication between the Union and a State or between one State and another and their use.

 

(3) In making their recommendations under clause (2), the Commission shall have due regards to the industrial, cultural and scientific advancement of India, and the just claims and the interests of persons belonging to the non-Hindi speaking areas in regard to the public services.

(4) There shall be constituted a Committee consisting of thirty members, of whom twenty shall be members of the House of the people and ten shall be members of the Council of States to be elected respectively by the members of the House of the people and the members of the Council of States in accordance with the system of proportional representation by means of the single transferable vote.

(5) It shall be the duty of the Committee to examine the recommendations of the Commission constituted under clause (1) and to report to the President their opinion thereon.

(6) Not withstanding anything in article 343, the President may, after consideration of the report referred to in clause (5), issue directions in accordance with the whole or any part of that report.

Chapter II - Regional languages

345. Subject to the provisions of articles 346 and 347, the Legislature of a State may be law adopt any one or more of the languages in use in the State or Hindi as the language or languages to be used for all or any of the official purposes of that State:

Provided that, until the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of this Constitution.

346. The language for the time being authorised for use in the Union for official purposes shall be the official language for communication between one State and between a State and the Union:

Provided that if two or more States agree that the Hindi language should be the official language for communication between such States, that language may be used for such communication.

347. On a demand being made in that behalf the President may, if he is satisfied that a substantial proportion of the population of a State desire the use of any language spoken by them to be recognised by that State, direct that such language shall also be officially recognised throughout that State or any part thereof for such purpose as he may specify.

Chapter III - Language of the Supreme Court, High Courts, etc.

348. (1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides –
(a) All proceedings in the Supreme Court and in every High Court, and
(b) the authoritative texts -
(i) of all Bills to be introduced or amendments thereto be moved in either House of Parliament or in the House or either House of the Legislature of a State,

(ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or the Governor of a State and

(iii) of all orders, rules, regulations and bye-laws issued under this Constitution or under any law made by Parliament or the Legislature of a State

shall be in the English language.

(2) Notwithstanding anything in sub-clause (a) of clause (1), the Government of a State may, with the previous consent of the President, authorise the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in the State:

Provided that nothing in this clause shall apply to any judgement, decree or order passed or made by such High Court.

(3) Notwithstanding anything in sub-clause (b) of clause (1), where the Legislature of a State has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislature of the State or in Ordinances promulgated by the Governor of the State or in any order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, a translation of the same in the English language published under the authority of the Governor of the State in the official Gazette of that State shall be deemed to be the authoritative text thereof in the English language under this article.

349. During the period of fifteen years from the commencement of this Constitution, no Bill or amendment making provision for the language to be used for any of the purposes mentioned in clause (1) of article 348 shall be introduced or moved in either House of Parliament without the previous sanction of the President, and the President shall not give his sanction to the introduction of any such Bill or the moving of any such amendment except after he has taken into consideration the recommendations of the Commission constituted under clause (1) of article 344 and the report of the Committee constituted under clause (4) of that article.

Chapter IV - Special Directives

350. Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be.

350A. It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.

350B. (1) There shall be a Special Officer for linguistic minorities to be appointed by the President.

(2) It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under this Constitution and report to the President upon those matters at such intervals as the President may direct, and the President shall cause all such reports to be laid before each House of Parliament, and sent to the Governments of the States concerned.

351. It shall be the duty of the Union to promote 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 and to secure its enrichment assimilating without interfering with its genius, the forms, style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages.

Besides the above article 29.1 of Constitution, as had been pointed out earlier, permits any section of the citizens of India or any part thereof to conserve their own distinct language, script and culture.

Article 30 (1) and (2) provides “all minorities whether based on religion or language shall have the right to establish and administer educational institutions” and they would not be discriminated against of their being religious or linguistic minorities while granting aid. Article 120 (1) discusses the language to be used in Parliament. The Constitution states 120 (1) Notwithstanding anything in Part XXVII but subject to the provision of article 348 business in Parliament shall be transacted in Hindi or in English:

Provided that the Chairman of the Council of States or Speaker of the House of the People, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in Hindi or in English to address the House in his mother tongue.

(2) Unless Parliament by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words “or in English” were omitted therefrom.

Article 210 (1) refers language to be used in the Legislature. This article states:

210 (1) Notwithstanding anything in Part XVII, but subject to the provisions of article 348, business in the Legislature of a State shall be transacted in the official language or languages of the State or in Hindi or in English:

Provided that the Speaker of the Legislature Assembly or Chairman of the Legislative Council, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in any of the languages aforesaid to address the House in his mother tongue.

(2) Unless the Legislature of the State by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words “or in English” were omitted therefrom.