Languages - Polity and Constitution, UPSC, IAS. Notes | Study Polity and Constitution (Prelims) by IAS Masters - UPSC

UPSC: Languages - Polity and Constitution, UPSC, IAS. Notes | Study Polity and Constitution (Prelims) by IAS Masters - UPSC

The document Languages - Polity and Constitution, UPSC, IAS. Notes | Study Polity and Constitution (Prelims) by IAS Masters - UPSC is a part of the UPSC Course Polity and Constitution (Prelims) by IAS Masters.
All you need of UPSC at this link: UPSC

Language

  Chapter-21

LANGUAGES

A.  OFFICIAL LANGUAGE OF THE UNION [ARTICLE 343]

The official language of the union shall be Hindi in Devnagri Script but for a period of 15 years from the commencement of the Constitution, the English shall continue to be used for all the official purpose of the union and thereafter the use of English for any purpose will depend on parliamentary legislation.

OFFICIAL LANGUAGE COMMISSION [ARTICLE 344]

Article 344(1) provides for the appointment of a commission as well as a committee of parliament to advise the President as to certain matters relating to the official language at the expiration of 5 years and thereafter every 10 years from the commencement of Constitution.

It shall be the duty of the commission to make recommendation to the President as to-

  • The progressive use of Hindi language for the official purpose of the union.
  • Restriction on the use of the English language for any of the official purpose of the union.
  • The language to be used for the proceeding of Supreme Court and High Court and any text of legislature enacted of the union and the states.
  • The form of numerals to be used for any of the official purpose of the union.

The recommendations of the commission will be examined by a Joint Parliamentary committee constituted of 30 members [20 Lok Sabha+ 10 Rajya Sabha] elected in accordance with the system of proportional representation by single transferable vote. The committee will examine the recommendation of the commission and report their opinion to the President.

Official language commission was constituted in 1961 but abolished in 1976 and its functions were associated to the Legislature department of the Government of India. On its recommendation, the President ordered-

  1. English shall continue to be the medium of the Union Public Service Commission examination but after some time, Hindi may be admitted as an alternative medium.
  2. Parliamentary legislation may continue to be in English but an authorized translation should be provided in Hindi.
  3. When the time comes for the change over, Hindi will be the language of the Supreme Court and judgement, decree or order of courts, in all religions, but by undertaking necessary legislation, the use of regional language may be made optional instead of Hindi, with the previous consent of the President.

B.  OFFICIAL LANGUAGE OF THE STATE

Article 345 says that until the legislature of the state otherwise provide, English will continue to be the official language of the state.

FOR INTER-STATE COMMUNICATION [ARTICLE 346]

Article 346 says that if two or more states agree that Hindi should be official language for communication between such states, the language may be used instead of English for such communication.

Article 347 provides for the recognition of any other language for the official purpose of a state or any part thereof, upon a substantial popular demand for it is being made to the President.

C. LANGUAGE FOR THE SUPREME COURT AND HIGH COURTS [ARTICLE 348]

Until Parliament by law otherwise provides all proceedings of supreme Court and High courts authoritative texts of Bill to be introduced in either house of parliament or state legislature and all orders, regulations and bye laws issued , shall be in English language.

A state may however prescribe the use of any language other than English for Bills and Acts passed by itself of subordinate legislation made there under.

Similarly the Governor or a state may with the previous consent of the President, authorize the use of Hindi.

The Constitution adopted by the Constituent Assembly on the 26th November 1949 was in English language. After it was officially translated into Hindi and Article 394 A was inserted by the 58th Amendment Act 1987, in order to give it effective authority.

SPECIAL DIRECTOR RELATING TO LANGUAGE

Article 351 says that it shall be the duty of the union to promote and develop Hindi language so that it may save as a medium of expression for all the elements of composite culture of India and Union is further directed to secure the enrichment or Hindi, without interfering with its genius , the forms , style and expression , used in Hindustani and other language and by giving primary importance to Sanskrit in this respect.

For the protection of the other languages in use, the following directed are provided:-

  1. Under Article 350, the petitioner is authorized to use any language used in the union or state for the redress of any grievance to any officer or authority of the union or a state.
  2. Under Article 350 A, every state and other local authority whether a state is directed to provide for adequate facilities for institution in the mother tongue at the preliminary stage of education of children belonging to linguistic minority groups.
  3. Under Article 350 B, a special officer for linguistic minorities shall be appointed by the President to investigate all matters relating to the safeguards provided by the constitution for linguistic minorities and report to President upon those matters.
The document Languages - Polity and Constitution, UPSC, IAS. Notes | Study Polity and Constitution (Prelims) by IAS Masters - UPSC is a part of the UPSC Course Polity and Constitution (Prelims) by IAS Masters.
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