Official Language - Questions and Answers

ANSWER: Only 1

Explanation:

The constitutional provisions dealing with the language of the courts and legislation are -

1. Until Parliament provides otherwise, the following are to be in the English language only -

a. All proceedings in the Supreme Court and in every High Court.

b. The authoritative texts of all bills, acts, ordinances, orders, rules, regulations and bye-laws at the central and state levels.

2. However, the Governor of a state, with the previous consent of the President, can authorize 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 judgments, decrees and orders passed by it.

3. That is the judgments, decrees and orders of the high court must continue to be in English only (until Parliament otherwise provides).

4. Similarly, a State Legislature can prescribe the use of any language (other than English) with respect to bills, acts, ordinances, orders, rules, regulations or bye-laws, but a translation of the same in the English language is to be published.


• The Official Language Act of 1963 lays down that Hindi translation of acts, ordinances, orders, regulations and bye-laws published under the authority of the President are deemed to be authoritative texts.


• Further, every bill introduced in the Parliament is to be accompanied by a Hindi translation.


• Similarly, there is to be a Hindi translation of state acts or ordinances in certain cases.


• The act also enables the Governor of a state, with the previous consent of the President, to authorize the use of Hindi or any other official language of the state for judgments, decrees and orders passed by the High Court of the state.


• But they should be accompanied by an English translation.


• For example, Hindi is used in Uttar Pradesh, Madhya Pradesh, Bihar and Rajasthan for this purpose.


• However,the Parliament has not made any provision for the use of Hindi in the Supreme Court.


• Hence, the Supreme Court hears only those who petition or appeal in English.


• In 1971, a petitioner insisted on arguing in Hindi a habeas corpus petition in the Supreme Court. But, the Court cancelled his petition on the ground that the language of the Court was English and allowing Hindi would be unconstitutional.

ANSWER: Only 1

Explanation:

Provisions for regional languages -


• 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 official language of that state.


• For e.g. Gujarat has adopted Hindi in addition to Gujarati.


• Similarly, Goa has adopted Marathi in addition to Konkani.


• Jammu and Kashmir has adopted Urdu (and not Kashmiri).


• On the other hand, certain north-eastern States like Meghalaya, Arunachal Pradesh and Nagaland have adopted English.


• Notably, 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.


• But, two or more states are free to agree to use Hindi (instead of English) for communication between themselves.


• Rajasthan, Uttar Pradesh, Madhya Pradesh and Bihar are some of the states that have entered into such agreements.


• The Official Language Act (1963) lays down that English should be used for purposes of communication between the Union and the non-Hindi states (that is, the states that have not adopted Hindi as their official language).


• 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.


• When the President (on a demand being made) is satisfied that a substantial proportion of the population of a state desire the use of any language spoken by them to be recognized by that state, then he may direct that such language shall also be officially recognized in that state.


• This provision aims at protecting the linguistic interests of minorities in the states.

ANSWER: None of the above

Explanation:

• Part XVII of the constitution deals with the official language in Articles 343 to 351.


• Its provisions are divided into four heads - Language of the Union, Regional languages, Language of the judiciary and texts of laws and Special directives.


• Hindi written in Devanagari script is to be the official language of the Union.


• But, 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.


• However, for a period of fifteen years from the commencement of the Constitution (i.e., from 1950 to 1965), the English language would continue to be used for all the official purposes of the Union for which it was being used before 1950.


• Even after fifteen years, the Parliament may provide for the continued use of English language for the specified purposes.


• At the end of five years, and again at the end of ten years, from the commencement of the Constitution,the President should appoint a commission to make recommendations with regard to the progressive use of the Hindi language, restrictions on the use of the English language and other related issues.


• A committee of Parliament is to be constituted to examine the recommendations of the commission and to report its views on them to the President.


• Accordingly, in 1955, the President appointed an Official Language Commission under the chairmanship of B.G. Kher.


• The commission submitted its report to the President in 1956.


• The report was examined by a committee of Parliament constituted in 1957 under the chairmanship of Gobind Ballabh Pant.


• However, another Official Language Commission (as envisaged by the constitution) was not appointed in 1960.


• Subsequently, the Parliament enacted the Official Language 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.


• This act enables the use of English indefinitely (without any time-limit).


• Further,this act was amended in 1967 to make the use of English, in addition to Hindi, compulsory in certain cases.

ANSWER: None of the above

Explanation:

• India has no national language.


• It only has official language i.e., Hindi.


• The Constitution contains certain special directives to protect the interests of linguistic minorities and to promote the development of Hindi language.


• The Constitution imposes a duty upon the centre to promote the spread and development of the Hindi language so that it may become the lingua franca of the composite culture of India.


• Further, the centre is directed to secure the enrichment of Hindi by assimilating the forms, style and expressions used in Hindustani and in other languages specified in the Eighth Schedule and by drawing its vocabulary, primarily on Sanskrit and secondarily on other languages.


• At present (2013), the Eighth Schedule of the constitution specifies 22 languages (originally 14 languages).

In terms of the Constitution provisions, there are 2 objectives behind the specification of the above regional languages in the Eighth Schedule -

1. the members of these languages are to be given representation in the Official Language Commission;

2. the forms, style and expression of these languages are to be used for the enrichment of the Hindi language.

Protection of Linguistic Minorities -

1. Every aggrieved person has the right to submit a representation for the redress of any grievance to any officer or authority of the Union or a state in any of the languages used in the Union or in the state, as the case may be.

2. This means that a representation cannot be rejected on the ground that it is not in the official language.

3. Every state and a local authority in the state should provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups.

4. The President can issue necessary directions for this purpose (added by the 7^th Amendment Act of 1956 on the recommendation of the States Re-organisation Commission).

5. The President should appoint a special officer for linguistic minorities to investigate all matters relating to the constitutional safeguards for linguistic minorities and to report to him.

6. The President should place all such reports before the Parliament and send to the State Government concerned.

ANSWER: 58^th Amendment Act, 1987

Explanation:

• Originally,the Constitution of India did not make any provision with respect to an authoritative text of the Constitution in the Hindi language.


• Later, a provision in this regard was made by the 58^th Constitutional Amendment Act of 1987.


• This amendment inserted a new Article 394 A in the last part of the constitution i.e., Part XXII.

This article contains the following provisions -

1. The President shall cause to be published under his authority -

a. The translation of the constitution in Hindi language.

b. The translation in Hindi of every amendment of the constitution made in English.

2. The translation of the constitution and its every amendment published shall be construed to have the same meaning as the original text in English.

3. If any difficulty arises in this matter, the President shall cause the Hindi text to be revised suitably.

4. The translation of the constitution and its every amendment published shall be deemed to be, for all purposes, its authoritative text in Hindi.

The reasons for adding the above provisions are -

a. There had been a general demand for the publication of an authoritative text of the constitution in Hindi incorporating in it all the subsequent amendments.

b. It has also been imperative to have an authoritative text of the constitution in the Hindi language for facilitating its use in the legal process.

c. Further,any Hindi version of the constitution should not only conform to the Hindi translation published by the Constituent Assembly in 1950, but should also be in conformity with the language, style and terminology adopted in the authoritative texts of the Central Acts in Hindi.