LANGUAGE THROUGH CONSTITUTIONAL GUARANTEES

LANGUAGE THROUGH CONSTITUTIONAL GUARANTEES

The constitution of India guarantees to its all citizen speak any language and run any institution on basis of language but state will not discriminate on the basis of language and it can be aided by the state.

1.  Fundamental rights of linguistic:

Right to conserve distinct language:

This provisions relating to language are described under Art 29(1), which are a fundamental right, states the protection of interests of minorities. “Any section of the citizen 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”.

Right of minorities to establish and administer educational Institutions:

Art.30(1), provides that all minorities, whether based on religion or language. Shall have the right to establish and administer educational Institution of their choice. But Art.30(2) provides that state shall not, in granting aid to educational Institutions, discriminate against any educational Institution on the ground that it is under the management of a minority, whether based on religion or language.

2. Language to be used in Parliament and Legislature:

Language used in Parliament:

Art.120 guarantees that business in Parliament shall be transacted in Hindi or in English. But, Chairman of the council of states or Speaker of the House of the people may permit any member who can’t adequately express himself in Hindi or in English to address the House in his mother tongue.

Language used in Legislature:

Art.210 of the constitution provides that the 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. The speaker of the Legislative Assembly or Chairman of the Legislative Council may permit any member who cannot adequately express himself in any of the languages aforesaid to address the house in his mother – tongue.

3. Language of the Union:

Official Language of the Union:

Art 343 of the constitution states that 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 from of Indian numerals. Further, said that for a period of 15 years from the commencement of this Constitution, the English language shall continue to be used immediately before such commencement.

The president may, during the said period, by order authorize 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. The Parliament may by law provide for the use, after the said period of 15 years, of: (a) The English language, or  (b) The Devanagari form of numerals, for such purposes as may be specified in the law.

Commission of Parliament on Official language:

Art 344(1) to (3) of the constitution states that the president shall, at the expiration of five years from the commencement of this constitution and thereafter at the expiration of 10 years from such commencement, by order constitute a Commission which shall consist of a Chairman and such other numbers representing the different languages specified in the English Schedule as the President may appoint and the order shall define the procedure to be followed by the commission. 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 Art.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.

              In making their recommendations, 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.

          The first official language Commission was appointed in 1955. It submitted its report in 1956 and report was examined by the committee of the numbers of the two Houses of Parliament and its opinion submitted to the President, who issued an order on 27^th April, 1960, constituting standing commission for evolution of Hindi terminology for scientific, administrative and legal literature and the translation of English works into Hindi. Actually, under this order, two commissions were constituted, one under the Ministry of Education and the other under the Ministry of Law.