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Indian Polity — Official Language

Indian Polity — Official Language

Official Language
Figure 1: Official Language provisions in the Indian Constitution are frequently tested in UPSC examinations.

1. Introduction

  • Part XVII of the Constitution deals with the official language in Articles 343 to 351.
KNOWLEDGE NUGGET

  • Part: Part XVII
  • Articles: 343 to 351
  • Subject: Official Language

2. Official Language — Union

  • Hindi written in Devanagari script is to be the official language of the Union.
  • However, the form of numerals to be used for the official purposes of the Union has to be the international form of Indian numerals and not the Devanagari form of numerals.
  • The Parliament enacted the Official Languages Act in 1963.
  • The Act provides for the continued use of English (even after 1965), in addition to Hindi, for all official purposes of the Union and also for the transaction of business in Parliament.
UNION — KEY POINTS

  • Official Language: Hindi (Devanagari script)
  • Numerals: International form of Indian numerals
  • Official Languages Act: 1963 — Continued use of English
  • English: Continues alongside Hindi for official purposes

3. Official Language — Regional

  • The legislature of a state may adopt any one or more of the languages in use in the state or Hindi as the official language of that state. Until that is done, English is to continue as the official language of that state.
  • The choice of the state is not limited to the languages enumerated in the Eighth Schedule of the Constitution.
  • For the time being, the official language of the Union (i.e., English) would remain the link language for communications between the Union and the states or between various states.
  • However, two or more states are free to agree to use Hindi (instead of English) for communication between themselves.
  • The Official Languages Act (1963) lays down that English should be used for purposes of communication between the Union and the non-Hindi states.
  • Further, where Hindi is used for communication between a Hindi and a non-Hindi state, such communication in Hindi should be accompanied by an English translation.
REGIONAL — KEY POINTS

  • State Legislature: Can adopt any language or Hindi as official language
  • Not Limited: Choice not limited to Eighth Schedule languages
  • Link Language: English (between Union and States, or between states)
  • States Can Agree: Two or more states can use Hindi for communication
  • Official Languages Act (1963): English for communication with non-Hindi states
  • English Translation: Required when Hindi is used between Hindi and non-Hindi states

4. Official Language — Judiciary

  • Until Parliament provides otherwise, the following are to be in the English language only:
    • All proceedings in the Supreme Court and in every High Court
    • The authoritative texts of all bills, acts, ordinances, orders, rules, regulations and bylaws at the Central and state levels
  • However, the Governor of a state, with the previous consent of the President, can authorise the use of Hindi or any other official language of the state, in the proceedings in the High Court of the state, but not with respect to the judgements, decrees and orders passed by it.
  • Similarly, a state legislature can prescribe the use of any language (other than English) with respect to bills, acts, ordinances, orders, rules, regulations or bylaws, but a translation of the same in the English language is to be published.
JUDICIARY — KEY POINTS

  • Supreme Court & High Courts: Proceedings in English only
  • Authoritative Texts: Bills, Acts, Ordinances, Rules, etc. — in English only
  • Governor's Power: Can authorise use of Hindi/other language in HC proceedings (with President's consent)
  • Exception: Judgements, decrees, and orders — must be in English
  • State Legislature: Can prescribe other languages for bills/acts, but English translation must be published
JUDICIARY — SUMMARY

  • SC & HC Proceedings: English only
  • Governor: Can allow Hindi/other language in HC (with President's consent)
  • Judgements, Decrees, Orders: Must be in English
  • State Legislature: Can use other languages for bills/acts, but English translation mandatory

5. Summary: Official Language at a Glance

Domain Key Provisions
Union Hindi (Devanagari) — Official Languages Act, 1963 allows continued use of English
Regional State can adopt any language or Hindi — English as link language — English translation required
Judiciary SC & HC proceedings in English — Governor can allow Hindi/other language (with President's consent) — Judgements in English
Key Takeaways for UPSC

  • Part XVII: Articles 343-351 — Official Language
  • Union: Hindi (Devanagari) — Official Languages Act, 1963 — English continues alongside Hindi
  • Regional: State can adopt any language — English as link language
  • Judiciary: SC & HC proceedings in English — Judgements, decrees, orders in English
  • Governor: Can allow Hindi/other language in HC (with President's consent) but not for judgements
  • State Legislature: Can use other languages for bills/acts, but English translation mandatory
High-Yield Interactive UPSC Quiz (Official Language)

Q1. The Official Language of the Union is dealt with in which Part of the Constitution?

Correct Answer: C. Part XVII of the Constitution deals with the official language in Articles 343 to 351.

Q2. What is the official language of the Union?

Correct Answer: B. Hindi written in Devanagari script is the official language of the Union.

Q3. The Official Languages Act was enacted in which year?

Correct Answer: C. The Official Languages Act was enacted in 1963, providing for the continued use of English in addition to Hindi.

Q4. The choice of official language by a state is limited to languages in:

Correct Answer: B. The choice of the state is not limited to the languages enumerated in the Eighth Schedule of the Constitution.

Q5. The link language between the Union and the states is:

Correct Answer: B. English is the link language for communications between the Union and the states or between various states.

Q6. Proceedings in the Supreme Court and High Courts are to be in which language until Parliament provides otherwise?

Correct Answer: B. All proceedings in the Supreme Court and in every High Court are to be in the English language only until Parliament provides otherwise.

Q7. The Governor of a state can authorise the use of Hindi in High Court proceedings with the consent of:

Correct Answer: B. The Governor of a state, with the previous consent of the President, can authorise the use of Hindi in High Court proceedings.

Q8. The Governor's authorisation for use of Hindi in High Court does NOT apply to:

Correct Answer: C. The Governor's authorisation does not apply to judgements, decrees and orders passed by the High Court — they must be in English.

Q9. When two or more states agree to use Hindi for communication between themselves, which of the following is true?

Correct Answer: B. Two or more states are free to agree to use Hindi (instead of English) for communication between themselves.

Q10. If a state legislature prescribes a language other than English for bills and acts, what is required?

Correct Answer: B. If a state legislature prescribes any language other than English for bills, acts, etc., a translation of the same in the English language is to be published.