Official Language - Constitutional/Statutory Provisions
The Indian constitution, in 1950, declared Hindi in Devanagari script to be the official language of the union. Unless Parliament decided otherwise, the use of English for official purposes was to cease 15 years after the constitution came into effect, i.e., on 26 January 1965. The prospect of the changeover, however, led to much alarm in the non Hindi-speaking areas of India, especially Dravidian-speaking states whose languages were not related to Hindi at all. As a result, Parliament enacted the Official Languages Act, 1963, which provided for the continued use of English for official purposes along with Hindi, even after 1965.
In late 1964, an attempt was made to expressly provide for an end to the use of English, but it was met with protests from states such as Tamil Nadu, West Bengal, Karnataka, Puducherry and Andhra Pradesh. Some of these protests also turned violent. As a result, the proposal was dropped,[19] and the Act itself was amended in 1967 to provide that the use of English would not be ended until a resolution to that effect was passed by the legislature of every state that had not adopted Hindi as its official language, and by each house of the Indian Parliament.
The current position is thus that the Union government continues to use English in addition to Hindi for its official purposes as a "subsidiary official language," but is also required to prepare and execute a programme to progressively increase its use of Hindi. The exact extent to which, and the areas in which, the Union government uses Hindi and English, respectively, is determined by the provisions of the Constitution, the Official Languages Act, 1963, the Official Languages Rules, 1976, and statutory instruments made by the Department of Official Language under these laws.
1967 - The Official Languages Act 1963 was amended subsequently. After fifteen years of the Constitution coming into existence due to political social and linguistic exigencies, the switch over from English to Hindi did not take place. But, through amendment to the Official Languages Act, English was allowed / permitted to be used for all official purposes of the Union and for the transaction of business in parliament. So, Hindi in Devanagari script is the Official Language of the Union. But English language, in addition to Hindi Language, may also be used for Official purposes of the Union.
Detailed:
Official Language Act
Official Language - Official Language Act
THE OFFICIAL LANGUAGES ACT, 1963
(AS AMENDED, 1967)
(Act No. 19 of 1963)
An Act to provide for the languages which may be used for the official purpose of the Union, for transaction of business in Parliament, for Central and State Acts and for certain purpose in High Courts.
BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:--
2. Definitions
In this Act, unless the context otherwise requires,--
• "Appoint day", in relation to section 3, means the 26th day of January, 1995 and in relation to any other provision of this Act, means the day on which that provision comes into force;
• "Hindi" means Hindi in Devanagari script.
3. Continuance of English language for official purposes of the Union and for use in Parliament
Notwithstanding the expiration of the period of fifteen ears from the commencement of the Constitution, the English language may, as from the appointed day, continue to be used, in addition to Hindi,--
• For all the official purpose of the Union for which it was being used immediately before that day; and
• For the transaction of business in Parliament.
4. Committee on official Language
(1) After the expiration of ten years from the date on which section 3 comes into force, there shall be constituted a Committee on Official Language, on a resolution to that effect being moved in either House of Parliament with the previous sanction of the President and passed by both Houses.
(2) The Committee shall consist of thirty members, of whom twenty shall be members of the House of the People ad ten shall be members of the council of States, to be elected respectively by the members of the House of the People and the members of the Council of States in accordance with the system of proportional representation by means of the single transferable vote.
(3) It shall be the duty of the Committee to review the progress made in the use of Hindi for the official purposes of the Union and submit a report to the President making recommendations thereon and the President shall cause the report to be laid before each House of Parliament, and sent to all the State Governments.
(4) The President may, after consideration of the report referred to in sub-section (3), and the views, if any, expressed by the State Governments thereon, issue directions in accordance with the whole or any part of that report.
5. Authorised Hindi translation of Central Acts, etc
(1) A translation in Hindi published under the authority of the President in the Official Gazette on and after the appointed day
• Of any Central Act or of any Ordinance promulgated by the President, or
• Of any order, rule, regulation or bye-law issued under the Constitution or under any Central Act. shall be deemed to be the authoritative text thereof in Hindi.
(2) As from the appointed day, the authoritative text in the English language of all Bills to be introduced or amendments thereto to be moved in either House of Parliament shall be accompanied by a translation of the same in Hindi authorised in such manner as may by prescribed by rules made under this Act.
6. Authorised Hindi translation of State Acts in certain cases
Where the Legislature of a State has prescribed any language other than Hindi for use in Acts passed by the Legislature of the State or in Ordinances promulgated by the Governor of the State, a translation of the same in Hindi, in addition to a translation thereof I the English language as required by clause (3) of article 348 of the Constitution, may be published on or after the appointed day under the authority of the Governor of the State in Official Gazette of that State and in such a case, the translation in Hindi of any such Act or Ordinance shall be deemed to be the authoritative text therefore in the Hindi language.
7. Optional use of Hindi or other official language in judgments, etc., of High Courts
As from the appointed day or any day thereafter, the Governor of a State may, with the previous consent of the President, authorised the use of Hindi or the official language of the State, in addition to the English language, for the purpose of any judgment, decree or order passed or made by the High court for that State and where any judgment, decree or order is passed or made in any such language (other than the English language), it shall be accompanied by a translation of the same in the English language issued under the authority of the High Court.
8. Power to make rules
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Every rule made under this section shall be laid, as soon as my be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule shall or both Houses agree that the rule should not b made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
9. Certain provisions not to apply to Jammu and Kashmir
The provision of section 6 and section 7 shall not apply to the State of Jammu and Kashmir.
- Article 343(1) of the Constitution provides that Hindi in Devanagari script shall be the Official Language of the Union.
- Article 343(2) also provided for continuing the use of English in official work of the Union for a period of 15 years (i.e., up to 25 January 1965) from the date of commencement of the Constitution.
- Article 343(3) empowered the parliament to provide by law for continued use of English for official purposes even after 25 January 1965.
The Indian constitution, in 1950, declared Hindi in Devanagari script to be the official language of the union. Unless Parliament decided otherwise, the use of English for official purposes was to cease 15 years after the constitution came into effect, i.e., on 26 January 1965. The prospect of the changeover, however, led to much alarm in the non Hindi-speaking areas of India, especially Dravidian-speaking states whose languages were not related to Hindi at all. As a result, Parliament enacted the Official Languages Act, 1963, which provided for the continued use of English for official purposes along with Hindi, even after 1965.
In late 1964, an attempt was made to expressly provide for an end to the use of English, but it was met with protests from states such as Tamil Nadu, West Bengal, Karnataka, Puducherry and Andhra Pradesh. Some of these protests also turned violent. As a result, the proposal was dropped,[19] and the Act itself was amended in 1967 to provide that the use of English would not be ended until a resolution to that effect was passed by the legislature of every state that had not adopted Hindi as its official language, and by each house of the Indian Parliament.
The current position is thus that the Union government continues to use English in addition to Hindi for its official purposes as a "subsidiary official language," but is also required to prepare and execute a programme to progressively increase its use of Hindi. The exact extent to which, and the areas in which, the Union government uses Hindi and English, respectively, is determined by the provisions of the Constitution, the Official Languages Act, 1963, the Official Languages Rules, 1976, and statutory instruments made by the Department of Official Language under these laws.
1967 - The Official Languages Act 1963 was amended subsequently. After fifteen years of the Constitution coming into existence due to political social and linguistic exigencies, the switch over from English to Hindi did not take place. But, through amendment to the Official Languages Act, English was allowed / permitted to be used for all official purposes of the Union and for the transaction of business in parliament. So, Hindi in Devanagari script is the Official Language of the Union. But English language, in addition to Hindi Language, may also be used for Official purposes of the Union.
Detailed:
Official Language Act
Official Language - Official Language Act
THE OFFICIAL LANGUAGES ACT, 1963
(AS AMENDED, 1967)
(Act No. 19 of 1963)
An Act to provide for the languages which may be used for the official purpose of the Union, for transaction of business in Parliament, for Central and State Acts and for certain purpose in High Courts.
BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:--
2. Definitions
In this Act, unless the context otherwise requires,--
• "Appoint day", in relation to section 3, means the 26th day of January, 1995 and in relation to any other provision of this Act, means the day on which that provision comes into force;
• "Hindi" means Hindi in Devanagari script.
3. Continuance of English language for official purposes of the Union and for use in Parliament
Notwithstanding the expiration of the period of fifteen ears from the commencement of the Constitution, the English language may, as from the appointed day, continue to be used, in addition to Hindi,--
• For all the official purpose of the Union for which it was being used immediately before that day; and
• For the transaction of business in Parliament.
4. Committee on official Language
(1) After the expiration of ten years from the date on which section 3 comes into force, there shall be constituted a Committee on Official Language, on a resolution to that effect being moved in either House of Parliament with the previous sanction of the President and passed by both Houses.
(2) The Committee shall consist of thirty members, of whom twenty shall be members of the House of the People ad ten shall be members of the council of States, to be elected respectively by the members of the House of the People and the members of the Council of States in accordance with the system of proportional representation by means of the single transferable vote.
(3) It shall be the duty of the Committee to review the progress made in the use of Hindi for the official purposes of the Union and submit a report to the President making recommendations thereon and the President shall cause the report to be laid before each House of Parliament, and sent to all the State Governments.
(4) The President may, after consideration of the report referred to in sub-section (3), and the views, if any, expressed by the State Governments thereon, issue directions in accordance with the whole or any part of that report.
5. Authorised Hindi translation of Central Acts, etc
(1) A translation in Hindi published under the authority of the President in the Official Gazette on and after the appointed day
• Of any Central Act or of any Ordinance promulgated by the President, or
• Of any order, rule, regulation or bye-law issued under the Constitution or under any Central Act. shall be deemed to be the authoritative text thereof in Hindi.
(2) As from the appointed day, the authoritative text in the English language of all Bills to be introduced or amendments thereto to be moved in either House of Parliament shall be accompanied by a translation of the same in Hindi authorised in such manner as may by prescribed by rules made under this Act.
6. Authorised Hindi translation of State Acts in certain cases
Where the Legislature of a State has prescribed any language other than Hindi for use in Acts passed by the Legislature of the State or in Ordinances promulgated by the Governor of the State, a translation of the same in Hindi, in addition to a translation thereof I the English language as required by clause (3) of article 348 of the Constitution, may be published on or after the appointed day under the authority of the Governor of the State in Official Gazette of that State and in such a case, the translation in Hindi of any such Act or Ordinance shall be deemed to be the authoritative text therefore in the Hindi language.
7. Optional use of Hindi or other official language in judgments, etc., of High Courts
As from the appointed day or any day thereafter, the Governor of a State may, with the previous consent of the President, authorised the use of Hindi or the official language of the State, in addition to the English language, for the purpose of any judgment, decree or order passed or made by the High court for that State and where any judgment, decree or order is passed or made in any such language (other than the English language), it shall be accompanied by a translation of the same in the English language issued under the authority of the High Court.
8. Power to make rules
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Every rule made under this section shall be laid, as soon as my be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule shall or both Houses agree that the rule should not b made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
9. Certain provisions not to apply to Jammu and Kashmir
The provision of section 6 and section 7 shall not apply to the State of Jammu and Kashmir.
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