English Assignment 2

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 4

SUMMARY OF CONSTITUTIONAL PROVISIONS OF LANGUAGE

In Chapter I, the languages of unions are discussed explicitly. The articles 120, 210, 343 are discussed. In section 120,
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. Article 210: Language to be used in the Legislature – Provided that the Speaker of the
Legislative 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. It also provided further that in relation to the Legislature of the States of Arunachal Pradesh, Goa
and Mizoram, this clause shall have effect as if for the words 15 years occurring therein, the words 40 years were
substituted. Article 343 concludes official language of the Union-The official language of the Union shall be Hindi in
Devanagari script. It 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 inter-national
form of Indian numerals for any of the official purposes of the Union. Notwithstanding anything in this article,
Parliament may be law provide for the use, after the said period of fifteen years, of-the English language, or the
Devanagari form of numerals, for such purposes as may be specified in the law. Article 344 concludes that 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. In making their
recommendations under clause , the Commission shall have due regard 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. 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.

Chapter II states the sections pertaining to the regional languages. Article 345 asserts 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. Article 346, 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.
Article 347 summarises that special provision relating to language spoken by a section of the population of a State- 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.

In Chapter III, discusses section 348 and 349 which state provisions relating to the language of supreme courts and
high courts. Article 348 states that language to be used in the Supreme Court and in the High Courts and for Acts,
Bills, etc.- Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise
provides-All proceedings in the Supreme Court and in every High Court, the authoritative texts-of all Bills to be
introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the
Legislature of a State. It also states that nothing in this clause shall apply to any judgment, decree or order passed or
made by such High Court. Notwithstanding anything in sub-clause of clause, 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 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. Article 349 states that special procedure for enactment of
certain laws relating to language-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 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 of article 344
and the report of the Committee constituted under clause of that article.

Lastly, in Chapter IV, special directives have been discussed. Article 350 states that language to be used in
representations for redress of grievances- 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. Furthermore, in section 350 A and B, facilities for instruction in mother-tongue at the
primary stage - 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. 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 Government of the States concerned. Article 351 provides for
directive for development of the Hindi language- 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 by 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.

THE OFFICIAL LANGUAGES ACT 1963


An Act to provide for the languages which may be used for the official purposes of the Union, for transaction of
business in Parliament, for Central and State, Acts and for certain purposes in High Courts. Be it enacted by
Parliament in the Fourteenth Year of the Republic of India as follows:-1. Short title and Commencement -This Act
may be called the Official Languages Act, 1963. It provided that the English language shall be used for purposes of
communication between the Union and a State which has not adopted Hindi as its Official Language. It also provided
that nothing in this sub-section shall be construed as preventing a State which has not adopted Hindi as its official
language from using Hindi for purposes of communication with the Union or with a State which has adopted Hindi as
its official language, or by agreement with any other State, and in such a case, it shall not be obligatory to use the
English language for purposes of communication with that State. Without prejudice to the provisions of sub-section or
sub-section or sub-section the Central Government may, by rules made under section 8, provide for the
language/languages to be used for the official purpose of the Union, including the working of any Ministry,
Department, Section or Office and in making such rules, due consideration shall be given to the quick and efficient
disposal of the official business and the interests of the general public and in particular, the rules so made shall ensure
that persons serving in connection with the affairs of the Union and having proficiency either in Hindi or in the
English language may function effectively and that they are not placed at a disadvantage on the ground that they do
not have proficiency in both the languages. It was provided that the direction so issued shall not be inconsistent with
the provisions of section 3 - Authorised Hindi translation of Central Acts, etc. -A translation in Hindi published under
the authority of the President in the Official Gazette on and after the appointed day-of any Central Act or of any
Ordinance promulgated by the President, or of any order, rule, regulation or by-law issued under the Constitution or
under any central Act, shall be deemed to be the authoritative text thereof in Hindi. Constitution, may be published on
or after the appointed day under the authority of the Governor of the State in the Official Gazette of the State and in
such a case, the translation in Hindi or any such Act or Ordinance shall be deemed to be the authoritative text thereof
in the Hindi language. Optional use of Hindi or other Official language in judgements etc. of High Courts -As from
the appointed day or any day thereafter the Governor of a State may, with the previous consent of the President,
authorise the use of Hindi or the official language of the State, in addition to the English language, for the purposes of
any judgement, decree or order passed or made by the High Court for that State and where any judgement, decree or
order is passed or made in any such language , it shall be accompanied by a translation of the same in the English
language issued under the authority of the High Court.

PRESIDENT’S ORDER, 1960


A Committee consisting of 20 members of the Lok Sabha and 10 members of the Rajya Sabha was constituted in
accordance with the provisions of clause and provision should be made in terms of clause. The use of an Indian
Language for the purposes of the Union has thus become a matter of practical necessity, but there need be no rigid
date-line for the change-over. In the course of the discussions in the Lok Sabha, the Prime Minister made a speech on
4th September, 1959, indicating broadly the approach of the Government to the official language question. In exercise
of the powers conferred by clause of article 344, the President has considered the report of the Committee and, with
reference to the opinion expressed by the Committee on the recommendations of the Official Language
Commission, issues the directions hereinafter appearing. Necessary arrangements may be made by the Ministry of
Home Affairs for the training of typists and stenographers employed under the Central Government in Hindi
typewriting and stenography. The Ministry of Education may take early steps to evolve a standard key-board for Hindi
typewriters. Propagation of Hindi. The Ministry of Education may review the working of the existing arrangements
for propagation of Hindi and take further action on the lines indicated by the Committee.

The Ministry of Education and Scientific Research & Cultural Affairs may, in collaboration, take steps to encourage
studies and research in Indian linguistics, philology and literature as suggested by the Committee, and formulate
necessary proposals for bringing the various Indian languages closer and for developing Hindi in accordance with the
directive contained in article 351. The Committee has agreed with the recommendation of the Commission that the
Union Government would be justified in prescribing a reasonable measure of knowledge of Hindi language as a
qualification for entering into their services, provided a sufficiently long notice is given and the measure of linguistic
ability prescribed is moderate, any deficiency being made good by further in-service training. This recommendation
may be applied for the present in regard to recruitment in the local offices of the Central Government departments in
the Hindi-speaking areas only, and not in the local offices in non-Hindi-speaking areas. Training Establishments -The
Committee has suggested that English may continue as the medium of instruction for training establishments such as
the National Defence Academy but suitable steps may be taken to introduce Hindi as the medium for all or some of
the purposes of instruction. The Ministry of Defence may take suitable preparatory measures such as publication of
instruction books, etc., in Hindi to facilitate its use as a medium of instruction, where feasible. The Committee has
suggested that English and Hindi should be the media of examination for entrance to training establishments with the
option to candidates to select either with reference to all or any of the papers and an expert committee should be
appointed to examine the practicability of introduction of regional languages as media without bringing in a quota
system. The Ministry of Defence may take necessary measures for introducing Hindi as an alternative medium for the
entrance examination and for constituting of an expert committee to examine the question of introduction of regional
languages as media without introducing any quota system. Necessary action may be taken by the Ministry of Home
Affairs in consultation with the Union Public Service Commission for the introduction of Hindi as an alternative
medium after sometime.

Language papers - The Committee's opinion is that after due notice, there should be two compulsory papers of equal
standard, one in Hindi and another in a modern Indian language other than Hindi to be selected by the candidate. For
the present, only an optional Hindi language paper may be introduced. Candidates selected on the results of the
competition who qualify in this paper may be exempted from appearing the passing the Hindi departmental test after
recruitment. Numerals - As suggested by the Committee, a uniform basic policy should be adopted for the use of
Devanagari numerals, in addition to the international numerals, in the Hindi publications of the Central Ministries
depending upon the public intended to be addressed and the subject-matter of the publication. The Committee has
expressed the opinion that Parliamentary legislation may continue to be in English but an authorised translation should
be provided in Hindi. The Ministry of Law may, in due course, initiate necessary legislation to provide for an
authorised Hindi translation of Parliamentary legislation which may continue to be in English. The Committee has
expressed the opinion that where the original text of Bills introduced in or Acts passed by the State legislature is in
language other than Hindi, a Hindi translation may be published with it besides an English translation as provided in
clause of article 348. In due course, legislation may be initiated for the publication of a Hindi translation of State
Bills, Acts, and other statutory instruments, along with the text in the official language of the State.

Language of the Supreme Court and High Courts- The Official Language Commission recommended that so far as the
language of the Supreme Court is concerned Hindi eventually should be the language of the Supreme Court when the
time comes for the change-over. The opinion of the Committee regarding the functioning of the Supreme Court
eventually in Hindi is acceptable in principle and will require appropriate action only when the time comes for a
change-over. In respect of the language of the High Courts, the Ministry of Law may in due course undertake
necessary legislation to provide for the use optionally of Hindi and other official languages of States for purposes of
judgments, decrees and orders with the previous consent of the President, as suggested by the Committee in
modification of the recommendation of the Commission. Preparatory measures for change-over in the field of law -
The Committee has agreed with the recommendations of the Commission relating to the preparation of a standard
legal lexicon, re-enactment of the statute book in Hindi in respect of both Central and State legislation plan of action
for evolving a legal terminology and for taking other preparatory steps during the transitional period during which the
statute book as well as the case law will be partially in Hindi and in English, and has also suggested the constitution of
a Standing Commission or a similar high-level body consisting of legal experts representing the different national
languages of India for the proper planning and implementation of the entire programme relating to translation of
statutes and preparation of legal terminology and glossaries.

The Ministry of Law may take action in the light of the suggestion of the Committee to constitute a Standing
Commission of legal experts for the proper planning and implementation of the entire work relating to preparation of a
standard legal terminology and translation of statutes in Hindi. Plan or programme for the progressive use of Hindi -
The Committee has suggested that the Union Government should prepare and implement a plan of action for the
progressive use of Hindi as the official language of the Union. Necessary action may be taken accordingly by the
Ministry of Home Affairs for the preparation and implementation of a plan or programme, which will be concerned
with preparatory measures for facilitating the progressive use of Hindi in the Union administration, and for promoting
the use of Hindi in addition to English for the various purposes of the Union as provided in clause of article 343 of the
Constitution. The extent to which Hindi can be used in addition to English will depend largely on the effectiveness of
the preparatory measures. The plan for the actual use of Hindi, in addition to English, will need to be reviewed and
adjusted from time to time in the light of experience.

THE OFFICIAL LANGUAHE RESOLUTION 1968


The following Government Resolution, as adopted by both Houses of Parliament, is hereby published for general
information:- "It is the duty of the Union to promote the spread of the Hindi Language and to develop it so that it may
serve as a medium of expression for all the elements of the composite culture of India" "A more intensive and
comprehensive programme shall be prepared and implemented by the Government of India for accelerating the spread
and development of Hindi" " compulsory knowledge of either Hindi or English shall be required at the stage of
selection of candidates for recruitment to the Union services or posts except in respect of any special services or jobs"
"All the languages included in the Eighth Schedule to the Constitution and English shall. be permitted as alternative
media for the All India and higher Central Services examinations after ascertaining the. views of the union Public
Service Commission on the future scheme of the examinations," said the House of Representatives in a joint
resolution .

THE OFFICIAL LANGUAGES RULES, 1976


Official Languages (Use for Official Purposes of the Union) Rules, 1976 extend to the whole of India, except the State
of Tamilnadu. Rules come into force on the date of their publication in the Official Gazette. Communications to States
other than Central Government offices must be in Hindi, save in exceptional cases. "Working knowledge of Hindi"
means working knowledge as described in rule 10. Communication to States in English must be accompanied by a
Hindi translation. Rules extend to all Union Territories as well as the states in Region A, B and C. Communications
from a Central Government office. to a State or Union Territory in Region "B" or to any office (not being a Central.
Government office) shall ordinarily be in Hindi. If any communication is issued to any of them in English, it shall be
accompanied by a Hindi translation. Communications between one Ministry or Department of the Central
Government and another.

Between Central Government offices situated in Region. "A", other than those specified in clause (a) or clause (b),
shall be in languages other than Hindi. The facilities for sending communications in Hindi and matters incidental
thereof, will determine from time to time. Communications between Central Government offices situated in Region
"B" or Region "C" may be in Hindi or English. Both Hindi and English shall be used for all documents referred to in
sub- section (3) of section 3 of the Act. No such translation in the other language shall be required to be provided if
the communication is addressed to a notified office. No Central Government employee possessing a working
knowledge of Hindi may ask for an English translation of any document in Hindi except in the case of documents of
legal or technical nature. The Act also provides for the right of the Director of Public Prosecutions to issue orders and
other orders in either English or Hindi. 9. Proficiency in Hindi. An employee shall be deemed to possess proficiency
in Hindi if. he has passed the Matriculation or any equivalent or higher examination with Hindi as the medium of
examination. Staff of a Central Government office shall ordinarily be. deemed to have acquired a working knowledge
of Hindi if eighty per cent. of the Staff working therein have acquired such knowledge. All manuals, codes and other
procedural literature. relating to Central Government offices shall be printed or cyclostyled, as the case may be, and.
published both in Hindi and English in diglot form. All name-plates, sign-boards, letter-heads and inscriptions on
envelopes. It shall be the responsibility of the administrative head of each Central Government office to ensure that
the provisions of the Act and these rules and directions issued under Rule (2) are properly complied with.

You might also like