Part 17 of Indian Constitution, Articles, Legislation, Case Laws

Part 17 of Indian Constitution deals with the official language of the Union and the States. It lays down provisions regarding the language to be used for official purposes of the Government of India, communication between the Union and States, proceedings of courts and legislatures, and the development of Hindi.

Part 17 of Indian Constitution Articles

• Articles 343-344 deal with the official language of the Union.
• Articles 345-347 deal with the official language of States.
• Articles 348-349 deal with language of courts, legislation and special procedures.
• Articles 350-350B provide safeguards for linguistic minorities.
• Article 351 gives directions for the development of the Hindi language.

Article 343 Official Language of the Union

• Hindi in Devanagari script is declared as the official language of the Union.
• The form of numerals to be used for official purposes is the international form of Indian numerals.
• However, for a period of 15 years from the commencement of the Constitution (i.e., till 1965), English was to continue for official purposes.
• Even after 1965, English continues to be used for official purposes under parliamentary law (Official Languages Act, 1963).

Article 344 Commission and Committee on Official Language

• The President shall appoint a Commission after five years from the commencement of the Constitution, and thereafter at ten-year intervals.
• The Commission makes recommendations regarding – Progressive use of Hindi, Restrictions on English, and Language for communication between Union and States.
• A Parliamentary Committee examines the recommendations and submits its report to the President.

Article 345 Official Language of a State

• A State Legislature may adopt any one or more languages in use in the State or Hindi as the official language of that State.
• Until such adoption, English continues for official purposes.

Article 346 Official Language for Communication Between States

• Communication between one State and another, or between a State and the Union, shall normally be in Hindi.
• However, if two States agree, they may use English for communication.

Article 347 Special Provision Relating to Language Spoken by a Section of Population

• If a substantial proportion of a State’s population demands recognition of a particular language, the President may direct that such language be officially recognised within that State.

Article 348 Language of Supreme Court, High Courts and Legislation

• Proceedings in the Supreme Court and High Courts shall be in English.
• Authoritative texts of all Bills, Acts, Ordinances, rules and regulations shall be in English.
• However, the Governor of a State may, with the President’s consent, authorise the use of Hindi or another language in High Court proceedings (but judgments must be in English unless approved otherwise).

Article 349 Special Procedure for Language-Related Laws

• Parliament cannot make laws altering language provisions without considering the recommendations of the Commission under Article 344 during the initial 15-year period.

Article 350 Language to be Used in Representations

• Every person has the right to submit representations for redress of grievances to any authority of the Union or State in any of the languages used in the Union or State.

Article 350A Instruction in Mother Tongue at Primary Stage

• It was added by the 7th constitutional amendment act 1956.
• It is the duty of 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.

Article 350B Special Officer for Linguistic Minorities

• It was added by the 7th constitutional amendment act 1956.
• The President appoints a Special Officer for Linguistic Minorities.
• The officer investigates matters relating to safeguards for linguistic minorities and reports to the President.
• The reports are laid before Parliament and State Legislatures.

Article 351 Directive for Development of Hindi

• The Union has the duty to promote the spread of Hindi.
• Hindi should be developed to serve as a medium of expression for all elements of India’s composite culture.
• It should draw vocabulary from Sanskrit and other Indian languages.

Important Legislation Related to Part 17 of Indian Constitution

Due to India’s vast linguistic diversity and concerns of non-Hindi speaking States, Parliament enacted important legislations such as the Official Languages Act, 1963 and its subsequent amendment in 1967 to ensure administrative continuity, national unity, and protection of linguistic interests

Official Languages Act, 1963

• The Constitution originally provided that English would continue for official purposes of the Union for only fifteen years after its commencement, that is, until 1965. However, considering administrative convenience and concerns raised by non-Hindi speaking States, Parliament enacted the Official Languages Act, 1963.
• Official Languages Act, 1963 provided that English would continue to be used along with Hindi for official purposes of the Union, even after the expiry of the initial 15-year period. 
• It also allowed the use of English in parliamentary proceedings, legislative documents, and communication between the Union and States.

Official Languages (Amendment) Act, 1967

• The 1967 Amendment further strengthened the safeguards relating to the use of English. It clearly assured non-Hindi speaking States that English would continue indefinitely for official purposes of the Union, unless all States agreed otherwise.
• The amendment also ensured that communication between the Union and States that had not adopted Hindi as their official language would continue in English. 

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Part 17 of Indian Constitution Related Case Laws 

• Murasoli Maran v. Union of India (1977): The Supreme Court upheld the constitutional validity of the Official Languages Act, 1963, and affirmed that the continued use of English for official purposes of the Union does not violate Article 343. The Court recognised Parliament’s authority to provide for the use of English beyond the initial 15-year period.
• English Medium Students Parents Association v. State of Karnataka (1994): The Supreme Court held that the State cannot compel students to study exclusively in a particular language. The judgment reinforced the protection of linguistic choice and minority rights under Articles 29, 30 and safeguards linked to Article 350A.
• State of Karnataka v. Associated Management of English Medium Primary and Secondary Schools (2014): The Court ruled that the mother tongue cannot be imposed as the sole medium of instruction in primary schools. Parents have the right to choose the medium of instruction for their children, reinforcing linguistic freedom within the constitutional framework.
• Gujarat University v. Krishna Ranganath Mudholkar (1963): The Supreme Court examined the validity of prescribing a regional language as the sole medium of instruction at the university level. The Court recognised the importance of regional languages but also stressed that language policy must align with constitutional provisions and broader national interests.