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
[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
(21st ed. 2013).
[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
[15] Constitution of India. Art
344(1).
[18]MP Jain, Indian Constitutional law 803 (7th 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.
