Citizenship Amendment : A divisive - stepping stone to 'New India' ?

Introduction

The President late night, amidst the huge uproar, on Thursday, December 12^th gave assent to the controversial Citizenship Amendment Bill (CAB) and it became a reality, which is by far and there is no exaggeration in it if I say  the stepping stone to New India, when India prepares to grant citizenship to certain minorities of three specific countries coming in its territory but on the basis of ‘religion’.  The Act  is a reality which was vehemently opposed when it was conceived in the Cabinet, passed in both houses of Parliament and discussed on streets with the pretext of notorious NRC (National Register for Citizen) and this government’s Hindu Nationalist Agenda  however the government has claimed it to be moral, legal, constitutional and most importantly ‘Inclusionary’. The constant explanation by  government has not been able to convince its people across the country especially in North East and consequently the region including Assam, Tripura and some places like Aligarh has witnessed the dissent being muzzled down when they took their protest on streets witnessing  internet services  discontinued in above places to ensure peace and kill the dissent  but the voices are loud enough to reach deaf ears in Delhi and shake the dead consciousness of people of this country.

These protest is not confined to particular places to name but has taken a nation-wide shape with Delhi, Mumbai, Karnataka, Lucknow etc. joining in with high spirits. The displeasure for such step has taken an international turn with Bangladesh Foreign and Home Minister cancelling their visit to India amidst protest[1] and UNHRC expressing concerns as it is ‘Fundamentally Discriminatory’ in nature. It also received a strong opposition by fellow parliamentarians like Manish Tiwari, Sanjay Singh, Shashi Tharoor, Sanjay Raut, Manoj Jha, Owaisi, Kapil Sibbal and P Chidambaram.

The protests, therefore, can be viewed in two different but related spectrum which is ethical/moral and legal. While the debate may be unending on the moral values of a government (if any) are truly in lines with the rich culture of Vasudev Kutumbakham which we graciously took pride in, it is relatively easier to break down the CAB( Now CAA) with a legal understanding. However, It is important to understand and debunk first and foremost the factual inaccuracy premised on which the Home Minister while presenting the bill called out that “If it was not for Congress’s misdeed of doing partition on religion, we would have not required this legislation”[2]  

This is patently inaccurate and misleading       as per the “Object” of the Constituent      Assembly read out by J. L Nehru which later on became the preamble no ‘State religion’ was declared. The idea of state religion was not only rejected by Dr B R Ambedkar as it will bring chaos and apathy but also     despised by him and hence even on multiple resolutions, the preamble did not accommodate any religion in itself. Contrarily it was V D Savarkar who inclined with Jinnah [3]in 1937/1938 demanding two separate nations for Hindus and Muslim “Who are essentially different that co-existence is not possible” Fortunately in history we did not subscribe to that opinion until now.

The Amendment:

The Act amends Section 2 (b) of the Citizenship Act – which defines 'illegal immigrants' – by excluding "persons belonging to minority communities, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan"[4] from the ambit of "illegal immigrants".  It also reduces the period of residence in India for the acquisition of Indian citizenship through naturalization to six years from the earlier period of twelve years.

It therefore makes classification of “Illegal migrants” on basis of religion includes Hindus, Sikhs, Buddhists Jains Parsis and Christians but excludes only Muslim. The justification given by the Hon’ble Home minister in house is that firstly the illegal migrants applying shall be religiously persecuted and secondly these three countries are Islamic countries and the Majority community which is of Muslim will not be persecuted. It becomes now important to understand that the Act in its essence nowhere talks of Persecution and secondly the government’s idea was based on flawed logic of minority not being persecuted while we have examples of Ahmadis in Pakistan. It also does not strategically includes countries like Sri Lanka and Myanmar. This howsoever is a policy decision and shall not be of problem to defend in the court of law.

The Validity

It was argued by two experts in the JPC report tabled this January that CAB in its tessence is violative of Constitution[5] and the government however proceeded with it.  My central argument revolves around two major points which can be broken down further, on its constitutional validity Firstly It is violate of Article 14 of the Constitution which applies to all “person” in its territory and is manifest arbitrariness by the legislature. Secondly, Secularism is a basic feature of our Constitution and it is against Doctrine of basic structure. Thirdly, it is colourable legislation to give effect deeds which were not otherwise possible in NRC.

.     ⚫Violates Article 14

Article 14 can be identified as the cornerstone of our constitution which bars and discrimination and prohibits discriminatory laws which are applicable to everyone in the territory of India whether or not a citizen. It is always also read with the preamble and Article 15 and not in isolation. The underlying object of Article 14 is to provide and secure all persons equality of status and opportunity.[6] It runs as follows, “The State shall not deny to any person equality before the law or equal protection of law within the territory of India” The first concept is a negative concept ensuring no special laws in favour of anyone and the second concept of equal protection is a positive content which means persons who are in the like circumstances shall be treated alike.

It also allows distinction therefore in ‘Class’ and even a person may be qualified to be a class but here are the twin test to determine the classification which shall be reasonable as devised in Laxmi Khandasari v. State of Uttar Pradesh[7]

⚫Classification shall not be arbitrary, artificial or evasive and based on intelligible differentia based on some real and substantial distinction

⚫  The differentia adopted as the basis of classification must have a rational or reasonable nexus with the object sought to be achieved by the statue in question.

Also in Navtej[8] the court ruled that “Where a legislation discriminates on the basis of an intrinsic and core trait of an individual it Can not form reasonable classification based on intelligible differentia. Here the classification based on religion is Impermissible classification (Article 15) and has no reasonable nexus with the object of the Act which is to ‘protect those who have faced religious persecutions in Afghanistan, Pakistan, and Bangladesh'. However, by excluding Muslims from the category of 'persecuted', the amendment is based on the false premise that only minorities face religious persecution in a Muslim-majority country. The amendment makes an easy – but untrue – classification between minority and majority religion[9] the persecuted minorities, therefore, are principally at same pedestal irrespective of the religion

The pronouncement of J. Nariman in Triple Talaq[10] the case has clarified that the legislative actions ought to meet the test of arbitrariness thus evolving the ‘manifest arbitrariness’ where the classification shall be based on adequate determining factor. The classification of countries of which minorities are persecuted may be a determining factor which also includes Sri Lanka etc. and hence can be challenged. 

The government has argued it to be an inclusionary and real which satisfies the test of classification and arbitrariness and the court unless proved otherwise shall consider it valid but the likelihood of it not being struck down seems thin and it is perhaps an “Exclusionary Inclusionary law”

⚫Secularism and Basic Structure

The factor which was making round was anti-secular regime of the other countries which are persecuting their minorities and that there is nowhere to go but India is suggestive of India being a nation of those six community but not Muslim and that essentially is anti-secular. There can’t be law in the territory which hurts the basic structure of the constitution and is anti-democratic and anti-secular. Justice B P Jeevan Reddy, in S R Bommai v Union of India[11] ruled “Secularism is more than a passive attitude of religious tolerance. It is a positive concept of equal treatment of all religion. It is material that is a constitutional goal and basic feature of constitution as affirmed in Kesavanada Bharti”

 The current law which derives its authority from Article 11 of the constitution is not only arbitrary but also hurts the secular nature of the country and in is a perverse attempt to undermine the communal hegemony.

⚫Colourable Legislation

It will be foolish to understand and read the Act in isolation and not in concurrence with ongoing NRC. NRC has its statuary force under citizenship rule of 2003. This prima facie seems to be a case of colourable legislation which mean “What you cannot do directly, cannot be done indirectly”. With cut-off Date of 31^st December 2014 the Citizenship Amendment Act intends to give citizenship to atleast 13 Lakh Hindu migrants otherwise who would have faced threat of being state less in the country.  It also provides or enable the exclusion of only Muslim migrants who would have otherwise been included in the list. Multiple statement by the HM over last few days has been a clear indicator of a Nation-wide NRC to be implemented, while NRC does have statuary backing but the intent is not of accommodation.

Conclusion

The Citizenship Amendment Act has been challenged on constitutional grounds in the Supreme Court through multiple petitions. The object and the intent of the legislature does not promises a reasonable nexus to the classification as per the Courts own ruling and on multiple issues it appears to be a case of arbitrariness by not treating similar ‘person’ in its territory similarly. The brute majority has shown the might and its last chance for India to redeem itself, its Idea, harmony and secular nature through the supreme court  upto which millions of Indians have pinned there hope to take it away from the ‘New India’ which is communal and divisive.

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[1] Bangladeshi FM cancels India visit amid protests, The Frontier Post https://thefrontierpost.com/bangladeshi-fm-cancels-india-visit-amid-protests/.

[2] See Page 333, Transcript of the Debate, Shri Amit Shah 9^th December 2019 Available at Loksabha.in

[3] Ramchnadra Guha, India after Gandhi.

[4] Amendment to section 2 (b)

"Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder, shall not be treated as illegal migrant for the purposes of this Act.

[5] https://economictimes.indiatimes.com/news/politics-and-nation/two-experts-had-warned-cab-will-violate-constitution/articleshow/72578039.cms

[6] Seervai, Constitutional law

[7] AIR 1981 SC 873.

[8] Navtej Singh Johar v. Union of India

[9] Niveditha K, The Citizenship (Amendment) Bill is Unconstitutional, Live Law https://www.livelaw.in/columns/the-citizenship-amendment-bill-is-unconstitutional-150496.

[10] Shaiyra Bano v. Union of India (2017) 9 SCC 1

[11] (1994) 3 SCC 1

Future of Renewables in India

INTRODUCTION

Energy is a key indicator of the living standards of citizens of any country and is instrumental and quintessential in raising it. It is also imperative to understand that an apparent patent nexus between the per capita consumption and Human development index is not also reflection of extent of development but also makes energy a fundamental input to any economic activity, safe to say, per capita energy consumption is directly proportional to economic development of a country. India accounts for 18 % of world population and yet only uses 6% of world’s primary energy[1]

A cursory study of the energy security in India reflects that due to environmental concerns off late and its commitment towards green energy[2] it cannot utilise its abundant source in nature of coal as effectively as it would have loved to and is heavily dependent for imports for its reliance on Oil & Gas. This is however heavily subjected to several factors of Oil Diplomacy and power tussle in International arena.

These all factors cumulatively and India’s dedication to combat climate change has led to its gradual shift to another source of energy i.e. Renewables. Renewables in India possess a great potential to be the game changer in terms of energy access and security and lucrative economic activity. As a developing nation it has been pioneer in leading and accelerating its policy and steps towards manifestation and use of renewables.

Although the central legislation is yet pending in Parliament to regulate the renewable since 2015 yet there has been significant investment pertaining to renewable, more specifically solar in India. It can be attributed to India’s ambitious efforts in soliciting creation of International Solar Alliance however experts have mooted that the geographically solar rich territory of India makes it desirable location for investment which the government over years have realised and placed its policy upon. Whatsoever be the reason for the growth of market and channelization of investment, in considerably small amount of time India has emerged as cheapest producer of solar energy worldwide[3] and a lucrative place for foreign investment leading to 100% FDI in the sector and total of 4826 US$ investment since 2014.[4]

HOW DID INDIA BECOME CHEAPEST PRODUCER OF SOLAR ENERGY IN SUCH SHORT TIME?

India being a developing country and geographically located such as to be able to maximize its potential of solar power, its consumption is only going to rise, so adoption of alternate forms of energy such as solar specifically is the readily accepted way forward to manage balance between economic growth and sustainable environment. This has been translated and has seen its manifestation today, as the total installed solar capacity stands at 30 GW, an increase of 5 times in last 3 years and contributing almost 30% of energy mix[5]

The production has grown by leaps and bound but price of solar energy has reduced drastically from Rs 17 when in 2010 first National Solar Mission was launched to Rs 2.44 in the latest bid. Solar Energy Corporation of India (SECI) has been instrumental and is to be credited along with government’s effective PPA (Power Purchase Agreement) Model which made it effective and possible by competitive bidding adopted by the State. Here SECI enters in a PPA with the respective government and further engages private entity in contract to produce and supply solar electricity at the lowest bid offered.

With solar energy the major problem associated is the huge acres of land required to produce power which with other source of energy is close to minimum. Solar also offers a huge amount of trade and investment opportunities. Cheap access of Solar Panels from China in India is also ascribed to its rapid and economic growth as source of energy in country Howsoever the atmosphere initially has been friendly for development of Solar as primary renewable in India off late it has been compromised due to Trade disputes and Political appeasement all because lack of forefront policy on renewable.

HOW TRADE AFFECTS?

The trade ministry levied 25% Duty on import of Solar Panel from China and Malaysia with a pretext of the domestic players are at disadvantage and are not able to compete with foreign market in India’s nascent industry as these imports have had serious Injuries to domestic players and was in public interest to impose safeguard duty [6] However in an year since the imposition there has been reports which identifies the inability to propel the domestic market instead has un-intended stalled the major projects to circumvent the two years’ time frame as Bloomberg reports.[7]

It has ben also reported that since this imposition the prices of solar panel and consequently power rose high when domestic player where entrenched in picture which was not only going to hurt the consumer’s pocket but also investors in the construction contract with entities to produce solar hence the private players like Waree Energies Limited, Jupiter energy limited has found another way to deceive the safeguard by importing solar panels from South East Asia Countries such as Thailand & Vietnam . These panels are way cheaper than the domestic solar panels and although they don’t match the cheap price offered by china yet the pressure on purse is negligible.

This step has been now vehemently criticised by all corners as it did not achieve its end result additionally it has increased the prices slightly and was a threat to India’s solar market if the players had not circumvent the imposition.

SLASHING OF TARIFF

Tariffs are approved by respective SERCs once it has been decided by the way of competitive bidding under the PPA with SECI. On July 1, 2019 YS Jaganmohan Reddy government in Andhra Pradesh released an order “to review and renegotiate exorbitantly priced wind and solar projects” which was their election promise often attributed as political appeasement. This affects in as much as, Three solar PPAs with National Thermal Power Corporation (NTPC) and Solar Energy Corporation of India Ltd (SECI) and another 21 wind power sale agreements (PSA) with Suzlon and Axis at varied stages from Construction to commissioning cumulating more than 5.6 GW at stake.[8]

This attempt to renegotiate and slash the prices in the garb of unfair advantage to some as it was not decided through competitive bidding, has no legal standing and may create distrust among the investors as it does not offer a stability. Moving ahead with this even though the tariff decided were based on PPA may scar the investor as it will affect heavily on finances and consequently the balance sheets.

This step has been so daunting that the MNRE has come out in public and mooted for the model of Andhra Pradesh an investor friendly and requested the government to honour the continuing PPA.[9]

Amidst all of these potential and challenges therefore as highlighted, the current system is the best way forward. The problem, however, is going back on PPAs and their conditions including tariffs. However with such market growth and immense opportunities, is it now also not the time to address the question of whether or not a regulatory body is needed dedicated specifically to renewables which may curb the visible gap and streamline the investment and trade with increasing solar capacity?

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[1] Manoj Kumar Upadhyay , Power for All and Energy Security, Yojna ( August 2019) ISSN- 0971-840

[2] https://www.thehindubusinessline.com/economy/policy/india-committed-to-paris-climate-deal/article9718664.ece

[3] https://economictimes.indiatimes.com/small-biz/productline/power-generation/how-india-in-a-short-period-of-time-has-become-the-cheapest-producer-of-solar-power/articleshow/70325301.cms?from=mdr

[4]http://164.100.24.220/loksabhaquestions/annex/171/AU3181.pdf?fbclid=IwAR2lpivlLd0FiL4tAZULSJ_EuKWmIVtvVLqrCJMjHVW2SmvyBE-ut3yYdDI

[5] Supra at 4.

[6] https://asian-power.com/regulation/news/india-levies-25-import-tariff-chinese-malaysian-solar-panels

[7] https://www.bloomberg.com/news/articles/2019-01-29/india-solar-duty-fails-domestic-producers-as-demand-languishes

[8] https://www.downtoearth.org.in/blog/energy/renewable-energy-tariffs-in-andhra-need-adjustment-but-changing-prices-can-be-risky-65977

[9] https://economictimes.indiatimes.com/industry/energy/power/andhra-pradeshs-renewable-power-tariffs-attractive-rk-singh/articleshow/71306026.cms

The Dilemma of India's Official & National Language

INTRODUCTION:

Recently the draft of New Education Policy attracted vehement criticism as it appeared to be imposing Hindi over the states which do not ascertain it as their native tongue, some went on to label this development as a miniature of governments long time agenda.[1] In other scenario not very time ago  we saw a huge uproar on a metro-rail sign board written in Hindi in a State where it is not the regionally identified language and is not spoken by the majority, which was subsequently removed after deliberations and violent protest in the state.[2] In other development, months ago we saw parliament of India stalled over the question of whether Hindi should be made official language to UN.[3]  These are few of those highlighted instances which are a constant in the country and while these issues have been lately put to rest, it has considerably stirred up a debate on a mooting issue which is close to everyone; which has seen not only many protests and violent conflicts but also territories being unified on its basis, The Language!

Language identifies the person of a state, clan, and group. It is not only a medium to communicate rather it has been equivalent to people’s Identity. Well, that’s the beauty of India, isn’t it? It has been crucible for the drama of language conflict. Some 1500 languages and dialects are spoken by India's million people including 63 non-Indian Languages. Contrary to the state-building efforts in other empires, India remains a linguistic mosaic.[4] With presence of such diverse culture of different languages and yet having preserved its historic values streamlined in the thread of Indianess is perhaps the Unity in Diversity we boast of! Framers of our Constitution faced hurdles on almost every resolution in the historic constituent assembly but deliberations on language were hard nut to crack.[5] The question of Language offered a special problem in India simply because of plurality of languages used by vast population. [6]

However off late due to few political and vested interests,  country today seems to be broadly divided over people advocating Hindi and people considering it to be forcefully levied upon and  while the Government of India is busy making efforts to promote Hindi by considering it to make official language in UN ; Publishing passport in Hindi , the question today to be addressed remains ; -  Is it really a forceful manifestation on non- Hindi speaking population which comprises of around 70% of the Country’s Population or is it the original intent of our constitution makers?; Particularly,  what does our Constitution aims ? Is Hindi a national language?

Before we soak ourselves into legality and constitutional tussle let us not forget to take into consideration; firstly, the nature of centre state relationship in India; secondly, the power divided or distributed over legislating upon language in India in different lists. Therefore, with a complex bargaining federal structure of India, Federalism in India has always been subjected to a unique challenge, the like of which it has not been faced by any other country, for here it has to bind together a much larger number of linguistic and cultural groups then are to be found in any other federation.[7] India thus faces sui generis language problem and therefore in order to curb this proliferating conflicts of diverse culture on “language”, it is the need of hour to address the question that, is there any National Language of India? If not, are all the recognised languages[8] Official Languages?

HISTORY:

Some of the Indian Languages are very old and have a rich cultural and literary heritage, therefore before peeping into constitutionality it becomes important to understand the historical epistemology of language across India. India, which traces its origin to time immemorial is said to be mother of languages across the world. It is contended so because, home to one of the oldest language i.e. Sanskrit, other languages are said to derive its origin from it. The Indo-Aryan languages, eleven in number, are derived from Sanskrit, are spoken by nearly 75 percent people, of whom Hindi is spoken by nearly 42 percent people. The Dravidian languages, spoken by nearly 24 percent people, prevail in the South India and of these, Telugu is spoken by the largest group.[9]

After Independence the debate however shrunk down to having a national language. A demand for national language at that point was symbolic to end of colonial era and reflection of unity in newly born nation as it was considered to be essential tool in the freedom struggle. People also wished to manifest the Gandhian ideology of having one national language of Country, Hindi[10]

It was proposed to make Hindi as official language of the country but the idea didn’t go down well with the non-Hindi speaking states as it ignited them which later surfaced in discussion and deliberation in our Constituent assembly.

The Constituent assembly was itself divided into two blocks advocating Hindi as official language and other asserting inclusiveness to other regional to be adopted as well. In this pretext, Dr N.G.Ayyangar says in one of his speeches at the Assembly, “There was one thing about which we reached a fairly unanimous conclusion that we should select one of the languages in India as the common language of the whole of India, the language that should be used for the official purposes of the Union.”[11]

Munshi Ayyangar finally with his resolution which was adopted without any dissent put an end to the humongous deliberation.[12] It was a formula which gave none to what they wanted instead enlarged the pie for both. According to this formula, English was to continue as the official language of India along with Hindi for a period of fifteen years but the limit was elastic and the power of extension was given to the Parliament.

CONSTITUTIONAL PROVISION RELATED TO OFFICIAL LANGUAGE:

Part XVII of the Constitution of India deals with the Languages. While framing the Constitution, the members of the esteemed constituent assembly in a lucid way during course of deliberations upon Article 343 put forth their firm opinion of not carrying the baggage of Colonial English and aimed for indigenous language. It had always been the intention of the Constitution makers to replace English with Hindi as and when Hindi is developed enough to be able to replace English in all the aspects where it was being used at that point of time since last 100 years[13] . Therefore, Hindi in Devanagari script to was decided to be the “official language of the Union”.

It was also because, in a multi-lingual country like ours, all the 14 languages (At the time of adoption of the constitution) could not be the official-languages, like the three official languages of Switzerland or the two official languages of Canada and Belgium.[14] Therefore Hindi was made the official language, however for smooth transition it also provided for time period of 15 years after adoption of this constitution wherein English would be the Official language for the purpose for which it was used immediately before commencement of this constitution. However, the notwithstanding clause empowers parliament that it may by law, continue the use of English for the specified purpose.

OFFICIAL LANGUAGE COMMISSION

Hindi had Constitutional backing but the makers of constitution were sceptical due to linguistic differences, therefore to recognize and identify the methods of progressive use of Hindi and to replace English as official language of Union, the assembly was of opinion that, there shall be appointment of commission as well as Committee of parliament to advise the President as to certain matters relating to official language. Article 344(1) therefore provides for the appointment by the president of a commission on Official language after five years from the commencement of the constitution, and thereafter at the expiry of ten years from such commencement i.e. the committee were to be appointed at the expiration of first five year and again after 10 years, from the commencement of the constitution.[15] Article 344(2) provides for the duties of the commission to make recommendations. The recommendations of the committee were to have due regard the industrial, cultural and scientific advancement of the India.[16]

THE CONFUSION:

It was not an easy task as it seems to be on papers for the first official language commission, there was a rapid growth of Non-Hindi speaking population and states being reorganised on linguistic parameters (Andhra Pradesh bring the first) and amidst all this first official language commission was accordingly appointed in year 1955 which was headed by Shri B. G Kher. It presented its report to parliament in year 1957 which was examined later by Joint Parliamentary Committee (JPC).

The major recommendation made by the Committee was scheme of Principle and subsidiary official language which said that,

“English shall be principle official language and Hindi the subsidiary official language till 1965, after 1965, when Hindi becomes the principal official language of union, English should continue as the subsidiary official language”

This has increased the perplexities as to whether India has one official language or two official language now? Why can’t we have Hindi as official language of Union which by our father of nation Mahatma Gandhi regarded as “Universal Language of India” in 1909?  One of the most important reason or problem with Hindi is its geographical limitations. It is vastly considered as the language of Uttar Pradesh, Partially Delhi, Madhya Pradesh, and Bihar which limits its wide acceptance by the other language speaking states.

The recommendations of the commission, after being examined by the parliamentary committee, lead to the enactment by the parliament and in 1963 parliament enacted the Official Language Act by deriving its power from Notwithstanding Clause of Art 343 (3) which has an overriding effect as it is “Non-obstante Clause”.

The Act enacts that the English language may continue to be used, in addition to Hindi, even after Jan 26, 1965, i.e., after the 15 years deadline, for all official purposes of the union for which it was being used before, and for transaction of business in parliament.[17]

It is quite clear from this Act that India in 1963 had realised that Imposition of Hindi is not feasible, as it prescribes for English to be used as in addition to Hindi. Most importantly, it furnishes a statuary guarantee for continuance of the English language at the central level as an “associate” language so long as the non-Hindi State Desire.[18]

The decision to continue English has now been left not to the legislatures of the Hindi speaking states but to the legislature of non-Hindi speaking States.  It also prescribes English to be language of communication between Union and State which has not adopted Hindi as its official language.

In 2010, Gujarat High Court held that Hindi is not a national language [19] while recently in year 2014 the Hon’ble Supreme Court in UP Hindi Sahitya Sammelan v. State of Uttar Pradesh [20] said that Article 343 provides for Hindi as official language but under Article 345 a state can have a non-Hindi language as second official language and thereby adding that Hindi does not have a constitutional mandate of being a national language.

CONCLUSION

It is not an exaggeration to say that the problem of language in India has emerged much bigger debate as the framers could have ever thought. India’s inability to resonate in single religion and eagerness to preserve different culture, races and languages has been ever increasing. Creation of Telangana splitting from Arunanchal Pradesh is the evident example that even after close to 70 years of Independence we are unable to answer the question of language.

So is the Official Languages Act of 1963 and its provision implying to a probability where the Union and lawmakers has realised that unlike Russia or any other nation India can’t be unified in thread of one language?  Perhaps, yes and rightly so, this to my understanding is true nature of Indian diverse culture, we unite as a nation yet preserve our culture. The Act harmonises the official language to resonate together in Hindi and English accordingly, it does not impose English to non-English speaking state which could have been likely fear of the Hindi speaking States.

Does this mean that union can’t promote use of Hindi? No, it doesn’t, Article 351 of the Constitution provides for the directive to Union to promote use of Hindi. The Supreme court infact in Union of India v. Murasoli Maran[21] upheld the presidential order making training in Hindi compulsory for the employees of the central government below age 45, as it was well within the ambit of Article 351.

India has drawn quite a balance between the linguistic differences, constitutional provisions and official languages Act and has been promoting Hindi. Who can forget former Prime Minister, Atal Bihari Vajpayee’s iconic address to UN in Hindi but we need to need to realise that Hindi is not identity of India (It could be of few states) unlike Germany or Russia where German and Russian is considered to be there Identity and hence when we propose to have, for example, Passports in Hindi, we need to take care of the differences and take refugee to the translating provisions of 1963 Act. India does not have a single language scheme yet has informally two official language, which is on the same pedestal with other language as we have developed a liberal and flexible approach in language where due regard is given to the differences and major scientific and industrial changes.

Thus, this complex debate leads us to conclusion that India doesn’t have a National Language also we don’t have a single rigid official language and its attribute changes accordingly i.e. Hindi and English both to be used for official purpose of Union with respect to provisions of the Official Languages Act, accordingly.

But the truth remains that English is not the language of the masses. It was just a compromise to prevent disintegration of the country. It can never become the national language though it has played a vital role in bringing about social transformation in India.

All Images are subject to copyright

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[1] https://thewire.in/education/national-education-policy-hindi-language

[2] https://www.thehindu.com/news/national/karnataka/cm-writes-to-centre-on-usage-of-hindi-in-namma-metro-signage/article19379230.ece

[3] https://www.thehindu.com/news/national/what-is-the-purpose-of-hindi-as-an-official-language-in-un-asks-tharoor/article22357862.ece

[4]KC Sen, The Official Language of the Union, The Economic Weekly (July 2, 2017 12.45 PM) http://www.epw.in/gu/system/files/pdf/1957_9/42/the_official_language_of_the_union.pdf .

[5] Granville Austin, The Indian Constitution: Cornerstone of a Nation, New Delhi: Oxford University Press, 1966

[6]DD Basu, Introduction to Constitution of India 425 (21^st ed. 2013).

[7]MP Jain, Indian Constitutional law 793 (7^th ed. 2016).

[8]Constitution of India Schedule 8.

[9] Supra note 4.

[10] M.K Gandhi, My Experiments with truth

[11] N. GopalaswamiAyyangar, Constitutional Assembly Debates, Vol IX, pp.1317-21, Sept 12, 1949

[12] H.M. Seervai, Official language, Constitutional Law of India, Vol 3, 4 ed., Delhi: Universal Book Trust, p.2581, 2008.

[13] Priya Mishra, The Controversy of National Language of India, Journal of Legal Studies and Research , April 21, 2017 http://jlsr.thelawbrigade.com/index.php/2017/04/21/the-controversy-of-the-national-language-in-india/#_ftnref9

[14]Supra note 4.

[15] Constitution of India. Art 344(1).

[16]Supra note 5.

[17]Supra note 5.

[18]MP Jain, Indian Constitutional law 803 (7^th ed. 2016).

[19] https://www.thehindu.com/news/national/Hindi-not-a-national-language-Court/article16839525.ece

[20] (2014) 9 SCC 716

[21]AIR 1977 SC 225.