Commission and Committee of Parliament on Official Language | Constitutional Law - CLAT PG PDF Download

Official Language

• India's  multilingualism  creates challenges, with two main linguistic families: Indo-Aryan (75% of the population) and Dravidian (25%).
•  Indo-Aryan languages  , derived from Sanskrit, include  Hindi  , spoken by 42% of the population. Dravidian languages, such as  Telugu  , are prevalent in South India.
• During British rule,  English  became the language of administration and elite communication, despite low literacy levels.
• Upon independence, there was a  consensus  to eventually replace English with Hindi as the official language.

Official Language of the Union

 Official Language 

• The official language of the Union is  Hindi  in Devanagari script.
• The form of numerals for official purposes is the  international form of Indian numerals  .

 Transition Period 

• For a period of  fifteen years  from the commencement of the Constitution, the  English language  will continue to be used for official purposes.
• The President may authorize the use of  Hindi  and the Devanagari form of numerals for official purposes during this period.

 Post-Transition Provisions 

• Parliament may, by law, provide for the use of  English  or the Devanagari form of numerals for specific purposes after the fifteen-year period.

Constitution of Commission

• The  President  will constitute a  Commission  five years after the Constitution's commencement, and then every ten years.
• The Commission will include a  Chairman  and members representing different languages from the Eighth Schedule.

 Responsibilities of the Commission 

• The Commission will recommend to the President on:
•  Progressive use of Hindi  for official purposes.
•  Restrictions on English  for official purposes.
•  Language for specific purposes  under Article 348.
•  Form of numerals  for specified purposes.
• Any other matters referred by the President regarding official language and inter-State communication.

 Considerations for Recommendations 

• The Commission's recommendations will consider India's  industrial  ,  cultural  , and  scientific advancement  , as well as the interests of non-Hindi speaking areas in public services.

Constitution of Committee 

• A  Committee  of  thirty members  will be formed to examine the Commission's recommendations.
• Twenty members will be from the  House of the People  and ten from the  Council of States  , elected by proportional representation.

 Committee's Duty 

• The Committee will report to the President on the Commission's recommendations.

 Presidential Directions 

• The President may issue directions in accordance with the Committee's report, overriding Article 343.

Local Self Government with Special Emphasis on the 73rd and 74th Amendments

In India, governance operates at the Central and State levels, but there is also a crucial system for local governance. The current framework for local self-government in India was established with the Panchayati Raj System in 1992. However, the roots of Panchayati Raj can be traced back to self-sufficient and self-governing village communities. Historical evidence from the Rig-Veda period (around 1700 BC) indicates the existence of self-governing village bodies known as ‘sabhas.’ Over time, these evolved into panchayats, which are councils typically consisting of five members.

Panchayats have served as fundamental institutions of grassroots governance in nearly every village, persisting through various historical epochs to the present-day organized system.

 Local Self-Government: Overview 

•  Local self-government  entails the delegation of governing authority to the lowest levels of the political hierarchy.
• It represents a form of  democratic decentralization  , ensuring participation from even the grassroots levels of society in the administrative process.

 Gram Sabha:  A Gram Sabha is a legal assembly comprising all adult residents of a village or a cluster of villages. Its roles and powers are determined by the State Legislature under the 73rd Amendment.

•  Functions of Gram Sabha: 
  • Reviews the  annual budget  and accounts of the Panchayat.
  • Discusses audit and administrative reports.
  • Approves development schemes proposed by the Panchayat.
  • Plans and organizes resources for community development programs.
•  Meetings: 
  • Two meetings are held annually.
  • The first meeting focuses on the  Gram Panchayat budget  .
  • The second meeting reviews the Panchayat's reports.
•  Election of Representatives:  The members of the Gram Sabha elect representatives to the Village Panchayat, including its members and Chairperson, through secret ballot voting.

Constitution and Composition of Panchayats: The Three-Tier System of Panchayati Raj in India 

Panchayati Raj is a system of local self-government in rural India, which is structured into three tiers: the Village Panchayat, Panchayat Samiti, and Zilla Parishad. Each tier has its own set of responsibilities and composition, ensuring decentralized governance and development at the grassroots level.

 1. Village Panchayat 

• The  Village Panchayat  is the  lowest unit  in the  Panchayati Raj  system, responsible for local governance in each village or a group of small villages.
• Members of the Panchayat are  elected by the residents  of the village. Only registered voters who do not hold any government office and are not convicted of criminal offences are eligible to be elected.
• If there is  insufficient representation  for women, Scheduled Castes, or Scheduled Tribes, additional members can be  co-opted  to ensure adequate representation.
• The Panchayat is accountable to the  Gram Sabha  , which is the general body of the village. The Gram Panchayat must present its  budget  ,  annual reports  , and previous year's accounts to the Gram Sabha at least twice a year.
• The  Sarpanch  is the head of the Gram Panchayat, responsible for supervising and coordinating its activities. The Sarpanch is also an ex-officio member of the  Panchayat Samiti  .
• Two key officers,  Panchayat Secretary  and  Village Level Worker  , assist the Sarpanch in running the Panchayat.

 2. Panchayat Samiti 

• The  Panchayat Samiti  is the second tier of the Panchayati Raj system, designed to oversee development across multiple villages.
• According to the  Balwant Rai Mehta Committee  , the Samiti serves as a  democratic institution  to manage functions that are beyond the capacity of individual Village Panchayats.
• A typical Panchayat Samiti includes  20 to 60 villages  and has an average population of about  80,000  .
• Members are elected from the Panchayats within the block, with additional members co-opted to ensure representation of women and Scheduled Castes/Tribes.
• The  Pradhan  , elected from the Samiti members, leads the Panchayat Samiti, guiding and supervising the activities of the member Panchayats.
• Key functions of the Panchayat Samiti include  coordinating activities  across Panchayats and  overseeing  their work and budgets.

 3. Zilla Parishad 

• The  Zilla Parishad  is the top tier of the Panchayati Raj system, comprising representatives from the Panchayat Samiti, State and Parliament members representing the district, and district-level officers from various departments.
• It may also include special representatives for women and Scheduled Castes/Tribes if they are underrepresented.
• The  Chairman  of the Zilla Parishad is elected from among its members, and a Chief Executive Officer, appointed by the State Government, oversees its operations.
• The Zilla Parishad mainly  coordinates  and  supervises  the activities of the Panchayat Samitis in its jurisdiction and may also  approve their budgets  in some states.

 Powers, Authority, and Responsibilities of Panchayats 

 State Legislatures  have the authority to grant Panchayats the necessary powers and authority to function effectively as  institutions of self-government  . This includes responsibilities such as:

•  Preparing plans  for economic development and social justice.
•  Implementing schemes  for economic development and social justice.
• Dealing with matters listed in the  Eleventh Schedule  , which includes 29 items like land improvement, minor irrigation, animal husbandry, fisheries, education, and women and child development.

The  11th Schedule  distributes powers between the State Legislature and the Panchayat, similar to how the 7th Schedule divides powers between the Union and the State Legislature.

 Obligatory Functions 

• Panchayats are legally required to make  “reasonable provision”  for various village needs, including:
• Construction, repair, and maintenance of  public roads  ,  bridges  ,  causeways  , and  drains  .
• Lighting of  public roads  and  places  .
• Construction and maintenance of  public latrines  .
•  Cleaning of streets  and improving  sanitary conditions  .
•  Promotion of agriculture  and other village-level  development programs  .
•  Welfare of backward castes  ,  preventive and remedial measures  against  epidemics  ,  improvement of cattle  , and  promotion of cottage industries  .

 Discretionary Functions 

• Dependent on available  resources  and  income  , panchayats can choose to undertake functions such as:
• Constitution and maintenance of  slaughterhouses  ,  granaries  ,  village libraries  ,  reading rooms  , and  playgrounds  .
•  Promotion and encouragement  of  cottage industries  ,  markets  ,  dispensaries  , and  maternity and child welfare centers  .
•  Veterinary relief  and organizing  voluntary labor  for community work.

 Other Functions 

•  Taluk Board  can delegate maintenance of certain  minor institutions  and execution of specific works to village panchayats.
•  Government  can assign additional functions such as  management of forests  ,  waste lands  ,  pasture lands  ,  land revenue collection  , and maintenance of related records.
• New functions can be given to panchayats in consultation with the  Taluk Board  , subject to conditions.

 Historical Context of Local Government in India 

 Local government  has a long-standing history in India, with local bodies providing  stability  and organization at the local level. Despite frequent changes in power at higher levels, the  grassroots system  has shown  identity  and  stability  .

Recognizing the significance of the village in India's economy, the  framers of the Constitution  included Article 40, which emphasizes the promotion of  village panchayats  . The  73rd Constitutional Amendment Act, 1993  , marked a significant milestone in rural local self-government by establishing a uniform  three-tier Panchayati Raj system  across the country.

Constitutional Provision of Jammu & Kashmir (Article 370) 

 Historical Background 

• Jammu & Kashmir is unique as the only Indian state that negotiated its accession. At the time of India's independence, Maharaja Hari Singh, the ruler of Jammu & Kashmir, chose not to join either India or Pakistan, opting for independence.
• However, on October 6, 1947, the border regions of Jammu & Kashmir were invaded by the Azad Kashmir Forces, backed by the Pakistani Army. In response to this aggression and due to a lack of military resources, the Maharaja decided to accede to India.
• The accession was made with certain assurances from Prime Minister Jawaharlal Nehru, which led to the inclusion of Article 370 in the Indian Constitution. This article stipulated that only matters related to Defense, Foreign Relations, Communication, and Finance would fall under the jurisdiction of the Indian Constitution for Jammu & Kashmir.

 Special Status 

• Article 370 grants Jammu and Kashmir special status within India, meaning that not all provisions of the Indian Constitution apply to this state. This is similar to the special status granted to certain other states under Article 371.
• While Article 370 specifically applies to Jammu and Kashmir, Article 371 provides special status to 10 other states in India, including Assam, Nagaland, Sikkim, Manipur, Mizoram, Goa, Andhra Pradesh, Arunachal Pradesh, Maharashtra, and Gujarat.

 Fundamental Rights, DPSP & Fundamental Duties 

•  Part IV  of the Constitution, which contains the Principles of State Policy (DPSP), and  Part IV A  , which outlines Fundamental Duties, do not apply to Jammu & Kashmir. In contrast, these parts are applicable to other states in India.
• DPSP involves the state's responsibility to promote community welfare.
• The Fundamental Right to Property, as per Articles 19(1)(f) and 31(2) of the Indian Constitution, is still guaranteed in Jammu & Kashmir.
• However, the Fundamental Right to Education, the only right added to the Constitution's history, is not extended to Jammu & Kashmir.
• Jammu & Kashmir has its own separate constitution framed by a special constituent assembly, making it the only Indian state with its own official flag.
• The state does not need to provide detailed records of money flow and usage, unlike other states.
• Indians from other states cannot purchase land or property in Jammu & Kashmir.

 Parliamentary Powers 

• Without the consent of the  state legislature  , the Parliament cannot make laws regarding:
• 
  
  • Modification of the  state's name  or boundaries.
  • International agreements affecting the final settlement of any part of the state’s territory.
• In Jammu & Kashmir, the  residuary power  lies with the state government, not with the Union of India.
•  Permanen  t residents of Jammu & Kashmir have special provisions regarding  employment  ,  settlement  , and  property ownership  within the state.
• Any amendment to the Indian Constitution does not automatically apply to Jammu & Kashmir unless extended under Article 370(1) by a presidential order.

 Emergency Provisions 

• The  President  cannot declare an emergency under  Article 352  for Jammu & Kashmir without consulting the  State Governor  .
• A  financial emergency  under Article 360 cannot be declared by the Union for Jammu & Kashmir, except in cases of War and External Aggression.
•  Governor's rule  must be imposed to address constitutional breakdown in Jammu & Kashmir. The Union lacks the power to suspend the state's constitution on grounds of non-compliance with directions.

 High Court of Jammu & Kashmir 

• Compared to other Indian High Courts, the High Court of Jammu & Kashmir has limited powers.
• It cannot declare any law unconstitutional and can only issue writs for the enforcement of fundamental rights.
• In contrast, other High Courts can issue writs under Article 226 for various matters, not just fundamental rights.

 Procedure for Amendment of State Constitution 

• The  State Constitution  can be amended by the  Legislative Assembly  with a two-thirds majority.
• If an amendment affects the  Governor  or  Election Commission  , presidential approval is required.
• Extension of an amendment to Jammu & Kashmir can only be done by a presidential order under Article 370(1).
• The ability to amend Article 370 after the constituent assembly of the State no longer exists is a debated issue.

Conclusion

According to constitutional experts, Article 370 should not be repealed but rather extended to the remaining states of India. This extension would grant these states greater freedom to make their own laws and promote autonomy, leading to enhanced development opportunities. However, the central government must continue to support backward states that heavily rely on its aid.

The Armed Forces Special Powers Act (AFSPA), in effect since 1990, grants special powers to Indian security forces in Jammu & Kashmir. Given the region's status as a disturbed zone, a special status under Article 370 is warranted. Currently, this provision restricts land purchases by non-residents, hindering the state's development and industrial growth. The lack of outside investment and job opportunities contributes to the state's infrastructural deficiencies.

Special Provisions Related to Specific States (Article 371A to 371J) 

With the creation of Gujarat and Maharashtra, the President was empowered to establish special provisions for the Governor's responsibilities, including the establishment of separate development boards for Vidarbha, Marathwada, and other regions in Maharashtra and Gujarat.

• The President can lay special responsibilities on the governors of Maharashtra and Gujarat for the development of certain areas.
• In Nagaland, special provisions under Article 371(2) are due to disturbed law and order conditions and strong sentiments regarding local customs.
• Article 371A allows certain parliamentary laws to apply to Nagaland only if the state legislative assembly agrees, covering matters like religious practices, customary laws, and land ownership.
• The Governor of Nagaland has special responsibilities for law and order during internal disturbances.
• A regional council will be formed for Nagaland, with the Governor setting rules for its composition and operations.
• For ten years or as specified by the Governor, administration in Tuensang district will be managed by the Governor, ensuring equitable distribution of funds between Tuensang and the rest of Nagaland.
• No Nagaland law applies to Tuensang without the Governor's direction. The Governor can also make regulations for Tuensang district.
• A minister for Tuensang affairs will be part of the council of ministers, and Tuensang Legislative Assembly members are elected by the regional council.

 List II: State List 

• List II or the State List comprises 61 items or entries over which the State Legislature has exclusive power of legislation. The subject of local importance, where variations in law in response to local situations may be necessary, has been included in the State List.
• Some subjects of vital importance in the list are State taxes and duties, police, administration of justice, local self-government, public health, agriculture, forests, fisheries, industries and minerals. But, in spite of the exclusive legislative jurisdiction over these items having been given to the States, the Constitution, through certain reservations made in the Union List has given power to Parliament to take some of these items under its control. Subject to these restrictions, one might say, the States have full jurisdiction over items included in the State list.

 Concurrent List 

• The inclusion of List III or the Concurrent List, in the Constitution gives a particular significance to the distribution of legislative power in the Indian federal scheme. The Concurrent List consists of 52 items, such as criminal law and procedure, civil procedure, mar-riage, contracts, port trusts, welfare of labour, economic and social planning.
• These subjects are obviously such as may at some time require legislations by Parliament and at other by a State Legislature. The provision of a Concurrent List has two distinct advantages.In certain matters in which Parliament may not find it necessary or expedient to make laws, a State can take the initiative, and if other States follow and the matter assumes national importance, Parliament can intervene and bring about a uniform piece of legislation to cover the entire Union Territory. Similarly, if a State finds it necessary to amplify a law enacted by Parliament on an item included in the Concurrent List in order to make it of a greater use of its own people, it can do so by making supplementary laws.
• The items included in the Concurrent List can be broadly divided into two groups-those dealing with general laws and legal procedure, like criminal law, criminal procedure, marriage, divorce, property law, contracts etc, and those dealing with social welfare such as trade unions, social security, vocational and technical training of labour, legal, medical and other professions etc.; while the items coming under the first group are of primary importance to the Union Government, they have been left, by convention, to Parliament. In matters of social welfare, it is open to the State legislatures either to take the initiative in making laws or to enact laws which are supple-mentary to the Parliamentary laws.