LEGAL LANGUAGE (WRITING)
Q. 1. Discuss the constitutional provisions regarding official languages of the Union and the States.
Ans. Official language of the Union.- Article 343 provides that-
(1) The official language of the Union shall be Hindi in Devanagari Script.
The form of numerals to be used for the official purpose of the Union shall be the international form of Indian numerals.
(2) Notwithstanding anything in Clause (1) for a period of fifteen years from the commencement of this Constitution, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement:
Provided that the President may, during the said period, by order authorise the use of Hindi Language in addition to the English Language and of the Devanagari form of numerals in addition to the international form of Indian numerals for any of the official purposes of the Union.
(3) Notwithstanding anything in this article, Parliament may by law provide for the use, after the said period of fifteen years of-
(a) the English Language, or
(b) the Devanagari form of numerals for such purposes as may be specified in the law.
Official Language or Languages of a State.- According to Article 345, subject to the provision of Articles 346 and 347, the Legislature of a State may by law adopt anyone or more of the languages in use in the State or Hindi as the language or languages to be used for all or any of the official purposes of the State:
Provided that unless the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of Constitution.
Official language for communication between one State and another, or between a State and the Union.- Article 346 provides that the language for the time being authorised for use in the Union for official purposes shall be the official language for communication between one State and another State and between a State and the Union:
Provided that if two or more States agree that the Hindi language should be the official language for communication between such States, that language may be used for such communication.
The provisions as indicated above clearly show that at the commencement of the Constitution, the relaxation of use of English for 15 years was provided inspite of declaration in the Constitution regarding place of Hindi as an official language of the Union and the States.
Special provision relating to language spoken by a section of the population of the State.- Article 347 provides that on a demand being made on that behalf the President may if he is satisfied that the substantial proportion of the population of a State desires the use of any language spoken by them to be recognised by that State, direct that such language shall also be officially recognised throughout that State part thereof for such purpose as he may specify.
Language to be used in representation for redressal of grievances.- Article 350 provides that every person shall be entitled to submit a representation for the redressal of any grievance to any officer of authority of the Union or State in any of the languages used in the Union or State, as the case may be.
It will be not out of place to mention here that the Parliament has passed the Official Language Act. 1963 which provides for the continued use of English for the official purposes of the Union indefinitely. notwithstanding the expiration of the period mentioned in Article 345. The change over to Hindi has thus been postponed indefinitely by permitting the use of English as an additional official language for all purposes for which it has so far been used. The position was to be reviewed only after January 26, 1975, but it has not been reviewed so far. It may be noted here that Hindi could not get the status of sole official language of the Union Something concrete has got to be done to achieve this object. Hindi and English shall go together, this was accepted as a result of an agreement reached at between the two concerned groups, one, supporting Hindi, and demanding that Hindi should immediately take place of English, the other objecting to this demand and insisting on the continued use of English with Hindi.
The position at present is that English and Hindi are used in addressing the House of Parliament. Automatic translation is available during the conduct of business. However a member may be allowed by the Speaker or Chairman of Houses to address in his mother tongue, but then he will have to submit its English translation. The same rule applies at the State level Le.. Legislative Assemblies.
The present position is that English and Hindi both are used as official language with a proviso that if Hindi is used, its translation in English must also be submitted while if it is in English there is no need for submitting its translation in Hindi as such, still English language occupies a premier place.
Q. 2. Discuss in brief the Constitutional provisions regarding the language to be used in Supreme Court, High Courts and Subordinate Lower Courts.
Ans. Language of the Supreme Court and High Courts.- Since the Supreme Court succeeded the Federal Court, it also adopted the same language which was in vogue and used there. The framers of the Constitution were very much aware of the fact that the full freedom of use of language might lead to many problems. So they decided to accept and adopt only one language in the Apex Court. English was accepted as exclusive language of the Supreme Court. Article 348 contains the provision regarding the language of the Apex Court and High Courts. It reads as “until Parliament by law otherwise provides all proceedings, in the Supreme Court and High Courts and the authoritative texts of Bills, Acts, Orders etc shall be in English language. Since Parliament has not provided otherwise, English continues as the exclusive language of the Supreme Court. All the proceedings are conducted in this very language and no one is allowed to demand and emphasise the use of a language other than English. The case of Madhu Limaye v. Bedmurti. (AIR 1971 SC 2608), may be cited here in support of this stand. In this case the Apex Court refused to make Rajnarayan as intervener the reason being that he insisted on pleading in Hindi. The three options were left. (i) He may plead in English if he likes (ii) He may present his pleadings in writing but in English (iii) he may authorise his legal representative to present his case. On his refusal, he was not allowed to be an intervener. The members of the Constitutional Bench, and the Attorney General objected to on the ground that they would not understand the pleading in Hindi.
If the appeals are preferred from the judgments of the High Court, which are delivered in Hindi or any other language of the State concerned. then in that case English translation shall be necessarily attached with the memorandum of appeal. Such copy shall be duly certified. This will facilitate the hearing of the appeals in the Apex Court.
As a general rule the language of the High Courts shall be English, but however, the Government of a State, may with the previous consent of the President of India, authorise the use of Hindi or any other language in its High Court. In this context, it may be mentioned here that Patna, Allahabad, M.P. and Rajasthan High Courts may use Hindi also, as they are authorised by the Governors of the respective States. There is no legal flaw in delivering judgments in Hindi, as such provision is made by the Parliament itself. Hence no question of legality and illegality arises in this respect. Article 348 contains an exception, that the authorisation by Governor, will not affect any judgment decree, or order passed by the High Court if that judgment, decree or order is in any other language than that of English.
The Constitution tad made it clear, that for fifteen years from the commencement of the Constitution, no Bill or amendment making provision for the language to be used for any of those purposes shall be introduced in either House of Parliament without the previous sanction of the President and the President cannot give his sanction to the introduction of any soch Bill or amendment, except after he has taken into consideraba the recommendation and report of Language Commission appointed under Article 344 and Article 349. The Governor of a State shall authorise the me of Hindi or other language in High Court of the State concerned but the President will give his sanction only after comuftation with the Council of Ministers and with the consent thereof. The Council may refuse to give its consent and approval for that purpose. The then Governor of Uttar Pradea after taking the sanction of the President authorised the use of Hindi in Allahabad High Court on 5th September, 1969. The Court itself, held in Management Committee v. District Board (AIR 1977 All 164], that the petition presented in Hindi in Devanagiri script will be maintainable in the light of the authorisation by the Governor. But generally the petitions are Filed in English to facilitate the further proceedings.
It may be noted that, the Parliament has not provided otherwise so far, hence the English is the sole and exclusive language of the Supreme Court No demand for change is made. The unity and integrity of the country, is an important matter, in the law and administration of justice, so it is essential that meaning of all the words and clauses should be understood in one way, then and then only the unity of the country will remain intact. Dr. M.P Join favous the continuous use of English in the Apex Court. This will not bring any practical hurdle in the judicial system. However the matter is left to the State regarding the language to be used in their respective High Courts. The Governor may take initiative with prior sanction of the President.
A disputed matter regarding the use of Hindi in the High Court came before the Rajasthan High Court in Narendra Kumar v. Rajasthan High Court, AIR 1991 Raj. 331. It was held that judgment, order or decree, will he acceptable even if it is in Hindi. It is totally valid. As the State Language Act, 1963 passed by Parliament gives option to deliver judgment in other language (Hindi) hence, judgment given in Hindi shall be valid and binding The Supreme Court has held in J.K. Jute Mills. State of U.P. AIR 1961 SC 1534, that preference should be given to English translation if there is mutual conflict in State language, Hindi or any other language The other Courts have similar views. This is reasonable. This is what Article 348 (3) expresses. Dr. D.D. Basu is in favour of recognizing the translation of all the languages of one level. If it is not so, then, the translation in Hindi under Section 5 of Language Act, 1963, shall oust original English translation”. Every translation should be accepted and recognised. Allahabad High Court tends to prefer English translation. In Sagir Ahmad v. State of UP. JAIR 1954 All 957) such inclination was expressed. Article 348 (3) provides that the English version should be recognised as original one. Thus the Ordinances promulgated by President or Governor in English shall be treated as original version This is why. now there are two recognised versions of Indian Constitution, one English and the other Hindi. But, the provise of Article 348 clearly says that nothing contained in this Article shall affect any judgment, order or decree passed by the Court.
In Govindram v. Assessing Authority. AIR 1958 M.P. it was held that in case of conflict between two languages, the translation in English shall be given preference.
Thus it is clear that for practising in Supreme Court or a High Court the knowledge of English language is necessary to get a speedy result.
Language of the Subordinate Courts. Section 272 of the Code of Criminal Procedure, 1973 provides that the State Government may determine what shall be, for the purpose of the Code, the language of each Court within the State, other than the High Court. Thus the option is left on the States to determine the language of the lower subordinate Courts. It may be Hindi, Marathi, Gujarati or any other local recognised language According to Section 277 Cr PC, if the witness gives evidence in any other language, determined, then the true translation of the evidence shall be prepared in the language of the Court, signed by the Magistrate or presiding Magistrate. If the evidence is taken down in English, and a translation thereof in the language of the Court is not required by any of the parties, the Court may dispense with such translation.
Thus, it is very clear that the State Government may decide which language will be used in the lower Courts. Generally it is the official language of the State. Hindi is used in M.P., U.P. Bihar and Rajasthan. So is the case with revenue Courts which are in the direct control of the State Government, there too, the local or official language of the State are generally used. It may be Hindi or any other language. But English is not totally out of use even in the above Courts. As regards the language of the Courts, a comprehensive and conciliatory attitude should be adopted. Co- ordination, not the conflict, is needed. It is in the larger interest of the country that no dispute should be raised regarding the language of the Courts. The basic need is the use of one language in order to keep the judicial system strengthened in unitary and united shape-The Union and the State Governments should be very cautious in this matter.
Q. 3. What is the Constitutional provisions regarding the languages to be used in Parliament and State Legislatures?
Ans. India is a very unique country. There are as many as 538 languages and dialects which are used and spoken. But all of them are not recognised only the following languages are recognised for official purposes-
(1) Assamese
(2) Bengali
(3) Bodo
(4) Dogri
(6) Hindi
(7) Kannada
(8) Malayalam
(9) Kashmiri
(10) Konkani
(11) Gujarati
(12) Maithili
(13) Mainpuri
(14) Marathi
(15) Nepali
(16) Odia
(17) Tamil
(18) Punjabi
(17) Sanskrit:
(18) Santhali
(19) Sindhi
(20) Telugu
(21) Urdu.
The above mentioned last four languages were added to the VIIIth Schedule by the Ninety-Second Constitutional Amendment Act, 2003.
Languages to be used in Parliament-(1) Article 120 very clearly provides that notwithstanding anything in Part XVII, but subject to the provision of Article 348, business in Parliament shall be transacted in Hindi or in English:
Provided that the Chairman of the Council of States or the Speaker of the House of People or a person acting as such as the case may be, may permit any member who cannot adequately express himself in Hindi or in English to address the House in his mother tongue.
(2) Unless, Parliament by law otherwise provides, this article shall, after the expiration of fifteen years from the commencement of this Constitution, have effect as if the words “or in English were omitted therefrom.
Language to be used in the State Legislatures. (1) According to Article 210, notwithstanding anything in Part XVII, but subject to the provision of Article 348 business in the Legislature of a State, shall be transacted in the official language or the languages of the State or in Hindi or English:
Provided that the Speaker of the Legislative Assembly or Chairman of the Legislative Council, or a person acting as such, as the case may be. may permit any member who cannot adequately express himself in any of the languages aforesaid to address the House in his mother tongue.
(2) Unless the Legislature of the State by law otherwise provides this Article shall after the expiration of fifteen years from the commencement of this Constitution have effect as if the words “or in English” were omitted therefrom:
Provided that in relation to the legislature of the States of Himachal Pradesh, Manipur, Meghalaya and Tripura this clause shall have effect as if for the words “fifteen years,” occurring therein the words “twenty five years were substituted.
To conclude, there are options for using the language in the Parliament and State Legislatures. The members of those Houses are free to use the language determined for the use. However, it is up to the Speaker to allow any member to address the House in his mother tongue, if he cannot express in English or Hindi or any other language which is recognised and used in the House. If mother tongue is different from the language determined for use, then in that case he has to submit English translation otherwise his statement will not be recorded in the proceedings.
At present, because of modern technology the instant translation is provided to the listeners, in Parliament and State Legislatures if the member uses any other language than that of English or Hindi, the arrangement of its translation instantaneously is provided by the technical staff of the speakers office.
Q. 4. What is the position of Hindi with reference to its being the language of legal discourse? What has been done for the development of Hindi? What problem does Hindi face in the ways of its spread and development?
Ans. Language is the appropriate and strongest medium of expression of thoughts and notions. Every country has its own language. Ours is such a country where many languages and dialects are used and spoken. Our Constitution has recognised as many as 22 languages in the Eighth Schedule. Hindi is one of them. As India has been under foreign rules for a long time, it was but natural that they had their impact on the administration. Under the Muslim regime, the Courts used Urdu and Persian language. After their fall we came under the yoke of British rule. In their regime much more importance was attached to English. English became not only the official language but it became the medium of instruction from the standard 5th to the level of higher education. Subjects of law were taught in English at par with engineering, science and medical science. Even the subjects of Art side-History, Geography. Politics. Sociology. Psychology, Philosophy were taught in English only. There was no other option of language other than English. This was the pre-independence position. Post independence India, saw a change. We wanted to adopt Hindi as our National Language. But our efforts could not bring fruits due to some hurdles created by our own people. In spite of this, some of the States adopted Hindi as their official language, not only this they went to the extent of authorising the use of Hindi in their respective States through the Ordinance/order of the Governors, who took prior sanction of the President for this purpose. In this context we may mention the names of States of Madhya Pradesh, Haryana, Uttar Pradesh, Bihar and Rajasthan. Its impact was that the colleges and universities imparting legal education, gradually and gradually switched over to Hindi in place of English as the medium of instruction. This was the timely demand of the students also. The Governments of these State declared/made the use of Hindi as compulsory in the proceedings of the lower subordinate Courts. Thus the new entrants in the legal profession and practice have not to face the language problem. They do better. But to our great grief, still English is contir.uing as the medium of instruction in many parts of India. Universities and Colleges of other States have not adopted Hindi as medium of instruction.
Regarding the use of Hindi as medium of instruction some problems and doubts are raised and created. They argue, Hindi is not so rich as English standard good books are available in English only, Hindi lags behind in this field. English is widely spoken and used as compared to English is internally used and recognised. In this transitory period of globalisation, when the world has become a global village, English assumes more importance. The language of the High Court in general and Supreme Court in particular is English. Hence, the teaching of law subjects in English will facilitate the new comers into practice to familiarise the procedure easily and they will not have any language problem.
The arguments put forth against the use of Hindi as a medium is not tenable and not sustainable. Hindi is widely spoken language. It is easy to learn, read, write and understand at any level. Standard good books of eminent authors are easily available in market. There is no dearth of such books. They are proving very useful. Moreover Legal Glossary is there to remove any difficulty. Law and Company Affairs Ministry is encouraging the authors to write the books in Hindi and awarding the good writers. The bilingual Acts are made available. The Government itself is publishing useful books in Hindi on its own level and expenses and these books are cheaper as compared to books published elsewhere. The students of Hindi medium are doing well even in the competitive examinations. There need not be any inferiority complex in the mind of such students and legal practitioners. Reporters in Hindi Uchtam Nyayala and Uchhnyayala Nirnaya Patrika are published like AIR and other reporters in English. So now it is easy to be acquainted with the recent judgments of the higher courts. So arguments against Hindi does not carry much weight the problem is only psychological and has no real ground footing.
There should not be any more debate on language problem. God knows, when its end will come. Is it justifiable to be slave of English language? This tendency has to be removed. Hindi also seems to be a language, which can be used nationwide, in legal and judicial field and also in administration of justice. For this, we have to develop Hindi, love and use Hindi, without territorial or political bias. The need is that of strong political will. The framers of the Constitution had this idea in their minds that Hindi would play an important role in uniting, strengthening and bringing nearness in the people of the country. They wanted to see it as National Language. May God fulfil their dreams.
The use, understanding and love for Hindi is proved by the Hindi films enjoyed by the people all over the country. The opposition of Hindi is political motivated.
The efforts made at the Government level should not be under-rated. Government is endeavouring to fulfil its obligation for the development of Hindi for which the Constitution contains Article 351 with a special directive for its development. Article 351 reads as “It is the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expression used in Hindustani and in the other languages of India specified in the Eighth Schedule, and by drawing, whether necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on their languages.
Some of the High Courts are using Hindi also in judicial proceedings and delivering order and judgments in Hindi. The observation made by Justice D.A. Desai in S.P. Gupta v. Union of India, AIR 1982 SC 149 is relevant here. “The proceeding in the Court should be in such a language, which is general language, language of the common people, can be easily understood by those who are in search of justice. Language Commission and Parliamentary Committees were constituted to recommend and report to the President, how and when Hindi is to replace English as official language. In pursuance of their recommendation the Official Language Act 1963, was passed, which provided the use of English indefinitely and created a hurdle in the development of Hindi in days to come. But we should not be disheartened. Governments are doing their best. State Language Department is committed and interested in the spread of Hindi. It is very encouraging and satisfactory matter that the Hindi is being used in Banks, Railways. Post Offices, Name plates hanging are in Hindi. Announcements in Radio and Television are made in Hindi. Hindi newspapers are becoming more and more popular day by day.
Now we will consider the problems, Hindi is facing in the way of its development and spread. In nutshell, they are as follows:
(1) Territorial attitude
(2) Non-declaration of single language (Hindi) as a link language.
(3) Non-availability of standard books in Hindi.
(4) The Education policy of Government. It is not very clear. Sometimes policy of appeasement is taken recourse to.
(5) Allowing English to play an important role in the competitive examinations.
(6) Illusion towards English language. This notion should be disillusioned that only English speaking persons are cultured, civilised and uptodate.
Inspite of these hurdles, the future of Hindi is very bright in days to come. This will be possible when we form a national mission for the same with strong political will.
Every country has its national language and that very national language is used at every important national occasions, presentation of credentials by diplomats and messages given by the Head of the State to the people. But in India, every such thing is executed in English first and then in Hindi which needs change, and Hindi should be allowed to play its role practically.
Q. 5. What is the position of Hindi with reference to its being the language of legal discourse? What has been done for the development of Hindi? What problems does Hindi face in the ways of its expansion?
Ans. स्वतंत्रता प्राप्ति के पूर्व ब्रिटिश शासन में अंग्रेजी का बोलबाला था। शिक्षा अंग्रेजी भाषा में ही दी जाती थी। जहां तक विधि की पढ़ाई का प्रश्न है विश्वविद्यालयों में अंग्रेजी भाषा में ही पठन-पाठन का कार्य सम्पन्न होता था। लेकिन स्वतंत्रता के पश्चात् हिन्दी के पक्ष आवाज उठने लगी और राष्ट्रभाषा बनाये जाने की मांग की जाने लगी। हिन्दी राष्ट्रभाषा का स्थान तो नहीं ग्रहण कर सकी फिर भी उसका प्रचार प्रसार अधिक हुआ।
संविधान में शिक्षा को समवर्ती सूची पर रखा गया है। राज्यों को अपनी मन पसन्द भाषा को शासकीय भाषा बनाने का अधिकार प्रदान किया गया है। कुछ राज्यों ने तो हिन्दी को ही शासकीय भाषा के रूप में अंगीकार कर लिया। इतना ही नहीं, उत्तर प्रदेश, मध्य प्रदेश, राजस्थान, बिहार तथा हरियाणा राज्यों ने हिन्दी को अपने-अपने उच्च न्यायालयों में प्रयोग करने की छूट दी है। इसके लिए राज्य के राज्यपालों को भारत के राष्ट्रपति से पूर्वदिश प्राप्त करना पड़ा। उसी प्रावधान का लाभ उठाते हुए उत्तर प्रदेश के राज्यपाल ने 5 सितम्बर, 1969 को एक आदेश द्वारा इलाहाबाद उच्च न्यायालय की कार्यवाहियों को हिन्दी में भी किये जाने के लिए प्राधिकृत कर दिया। वैसे इन राज्यों के विश्वविद्यालयों और महाविद्यालयों में जहां विधि की शिक्षा दी जाती है, सामान्यतया हिन्दी भाषा को उपयुक्त मानकर उसी को प्रयुक्त किया जाता है। लेकिन अब भी बहुत से राज्यों में अंग्रेजी भाषा केमाध्यम से ही विधि की शिक्षा प्रदान की जा रही है। एक ऑकलन से पता चला है कि अभी 50% तक ही विद्यार्थी हिन्दी भाषा में विधि की शिक्षा ग्रहण करते हैं। उत्तरोत्तर हिन्दी का जितना विकास इस शिक्षा के निमित्त किया जाना चाहिए था वह नहीं हो पाया।
हिन्दी में विधि की शिक्षा देने की कठिनाइयों को लेकर कुछ तर्क प्रस्तुत किए जाते हैं। पहले यह कि हिन्दी में इन विषयों पर जो पाठ्यक्रम में निर्धारित हैं पुस्तकें उपलब्ध नहीं है। दूसरे यह कि न्यायालयों में प्रैक्टिस करने में या तो उर्दू-फारसी की शब्दावली प्रचलित है या अंग्रेजी की। अधिकतर काम अंग्रेजी में ही होता है। इसके अलावा उच्च न्यायालयों तथा उच्चतम न्यायालय में प्रयुक्त होने वाली भाषा अंग्रेजी ही है, इसलिए भी अंग्रेजी में विधि की पढ़ाई करना-कराना अधिक उपयोगी साबित होगी। प्रैक्टिस में आने पर नवागन्तुक को भाषा सम्बन्धी समस्या का समाधान निकालने तथा उसका सामना करने की कोई आवश्यकता नहीं होती। भूमंडलीकरण के इस युग में जबकि वैज्ञानिक प्रगति के कारण दुनियां अब छोटी ‘एंग्लोबल विलेज’ का स्वरूप धारण कर रही है तो हिन्दी से अच्छा अंग्रेजों में पठन-पाठन लाभदायक होगा। आज भी अंग्रेजी का बोलबाला है। प्रतिस्पर्धात्मक परीक्षाएं तथा साक्षात्कार बहुधा अंग्रेजी भाषा में ही किए कराये जाते हैं इसलिए अंग्रेजी का जानना, समझना, पढ़ना इस परिप्रेक्ष्य में और भी महत्वपूर्ण और आवश्यक है।
हिन्दी में विधि भाषा की पढ़ाई के विरुद्ध दिए गये तों में बहुत दम नहीं दिखती। हिन्दी साहित्य अत्यधिक धनी है। विधि के विषयों पर बहुत सी पुस्तकें उपलब्ध हैं जो उपादेय साबित हो रही हैं। विधिक शब्दावली भी बनाई जा चुकी है। जो सुगमता से प्राप्त भी है। हीन भावना तो मनोवैज्ञानिक है, मन की उपज है। कमी मात्र प्रबल इच्छा शक्ति की है।
हिन्दी के उत्थान, प्रचार-प्रसार के लिए किये गए प्रयासों पर प्रकाश डालना आवश्यक है। हमारे संविधान निर्माताओं के मन में हिन्दी के प्रति पहले से ही लगाव था। वे हिन्दी को ही राष्ट्रभाषा बनाये जाने की तमन्ना लिए थे। अनेकानेक कारणों से उनकी इस इच्छा की पूर्ति अब तक नहीं हो पाई है। लेकिन उनके प्रयास का प्रबल प्रतीक संविधान का अनुच्छेद 351 है जिसमें हिन्दी भाषा के विकास के लिए विशेष निदेश है। इस अनुच्छेद के अनुसार संघ का यह कर्तव्य होगा कि वह हिन्दी भाषा का प्रचार प्रसार बढ़ाये उसका विकास करे, जिससे वह भारत की सामाजिक संस्कृति के सभी तत्वों की अभिव्यक्ति का माध्यम बन सके और उसकी प्रकृति में हस्तक्षेप किए बिना हिन्दुस्तानी में और आठवीं अनुसूची में विनिर्दिष्ट भारत की अन्य भाषाओं का पृथक् रूप, शैली और पदों को आत्मसात करते हुए और जहां आवश्यक या वांछनीय हो. वहां उसके शब्द भण्डार के लिए मुख्यतः संस्कृत से और गौणतः अन्य भाषाओं से शब्द ग्रहण करते हुए उसकी समृद्धि सुनिश्चित करें।
यद्यपि कि अनुच्छेद 351 प्रकृति से निदेशात्मक है, फिर भी उच्चतम न्यायालय ने आर० आर० डलवाई बनाम तमिलनाडु राज्य, [ए० आई० आर० 1976 सु० को० 1559], ने हिन्दी विरोधी आन्दोलनकर्त्ताओं को पेंशन प्रदान करने के लिए बनाई गई स्कीम को इस अनुच्छेद का अनुक्रामक निर्णीत किया। स्कीम विधायी मंजूरी के बिना थी। और विखण्डन की प्रवृत्तियों को उभाड़ने वाली धो। प्रत्येक व्यक्ति को शिकायत दूर करने के लिए संघ या राज्य की किसी भाषा में किसी अधिकारी या प्राधिकारी को अभ्यावेदन देने का अधिकार अनुच्छेद 350 में दिया गया है। इन भाषाओं में हिन्दी भी एक है। इससे भी हिन्दी के प्रयोग को बढ़ावा मिलता है। आफीशियल लैंग्वेज कमीशन तथा पार्लियामेन्टरी कमेटी का गठन हुआ ताकि वह राष्ट्रपति को अपनी सिफारिशें तथा प्रतिवेदन प्रस्तुत करे। उसके पीछे मंशा यह थी कि इस बात का पता लगाया जाय कि कब और किस स्तर पर अंग्रेजी का स्थान हिन्दी ग्रहण करे। लेकिन दुःखद स्थिति यह रही है कि आफिशीयल लैंग्वेज ऐक्ट, 1963 तो पारित हुआ जिसमें अनिश्चित काल तक के लिए अंग्रेजी के प्रयोग का प्रावधान किया गया जो कि अनुच्छेद 345 में उल्लिखित 15 वर्ष की अवधि बीत गई थी। हिन्दी का अंग्रेजी को स्थानापन्न करने की योजना और सपना अनिश्चित काल तक पूरा नहीं हो पा रहा है। अंग्रेजी के प्रयोग के विकल्प खुला छोड़े रहने का दुष्परिणाम सामने है। हिन्दी के प्रचार-प्रसार और उत्थान में यह बाधा पहुँचाने वाला सिद्ध हो रहा है।
लेकिन उपरोक्त बातों के अलावा हिन्दी के उत्थान के लिए सरकारी स्तर पर भी किये जाने वाले कार्यों को कम नहीं आंका जा सकता। हिन्दी भाषा में पाठ्य पुस्तकों के लिखने के लिए प्रोत्साहित किया जा रही है। विधि तथा कम्पनी मामलों का मन्त्रालय अच्छी पुस्तकों के लेखकों को पुरस्कृत कर रही है। संसद तथा विधान मण्डलों में तथा सरकारी कार्यों में, रेलवे में, बैंकों में हिन्दी का प्रयोग उत्साहवर्द्धक है। संसद में अंग्रेजी पाठ का हिन्दी में तुरन्त रूपान्तर करने की व्यवस्था है। विधिक शब्दावली तैयार और उपलब्ध कराई गई है। कुछ उच्चतम न्यायालय हिन्दी में भी विनिश्चय प्रदान करने लगे हैं। न्यायिक स्तर पर इसकी हिमायत की गई है। एस० पी० गुप्ता बनाम भारत संघ, ए० आई० आर० 1982 एस० सी० 149 के मामले में न्यायमूर्ति डी० ए० देसाई का किया गया सम्प्रेक्षण प्रासंगिक है, “न्याय की प्रक्रिया ऐसी भाषा में होना चाहिए जो सामान्य भाषा हो, आमजन की भाषा हो, जिसे न्याय की खोज में लगे लोग आसानी से समझ सकें। इससे यही निष्कर्ष निकलता है कि विधिक भाषा में एकरूपता लाना आवश्यक है। हिन्दी के माध्यम से सम्यक् विधि भाषा का विकास करना एक राष्ट्रीय मिशन है और होना भी चाहिए। इसे विवाद का विषय बनाना अहितकर होगा। प्रान्तीय भाषा को शिक्षा में अनिवार्य स्थान दिया जाना किसी भी प्रकार से अनुचित नहीं है। राजभाषा विभाग हिन्दी के प्रचार-प्रसार के लिए कटिबद्ध और रुचिचद्ध हो गया है।
हिन्दी के उत्थान के लिये प्रारम्भ में किये गये कार्यों को यदि देखा जाये तो इसमें एक त्रुटि हो गयी जिससे इसके प्रचार प्रसार में गतिरोध आया। हिन्दी को समृद्ध तथा उत्कृष्ट भाषण बनाने के उद्देश्य से कुछ हिन्दी समर्थकों ने इसमें क्लिष्ट शब्दों का प्रयोग करना आरम्भ कर दिया जिससे नये हिन्दी सीखने वालों को असुविधा हुई और हिन्दी विरोधियों को दुष्प्रचार करने का अवसर मिल गया। अब लोग जागरूक हैं तथा हिन्दी को सरल, सुगम तथा सुबोध बनाने के लिये क्लिष्ट शब्दों के बजाय सरल शब्दों का प्रयोग कर रहे हैं।
Q. 6. Discuss the constitutional provisions relating to the formation and functioning of the “Commission of the Official Language with regard to the development of Hindi as official language.
Ans. Article 344 provides for the appointment of a Commission on Official Language. As per the provision of this Article at the expiration of five years from the commencement of the Constitution, and thereafter at the expiration of ten years from such commencement, the President of India shall constitute a Commission. The Commission shall consist of a Chairman and other Members representing the different languages. The Commission shall make recommendation to the President regarding following matters:
(i) Progressive use of Hindi Language for the official purposes of the Union.
(ii) Restrictions on the use of English language for all or any of the official purposes of the Union.
(iii) The language to be used for the proceedings in Supreme Court and the High Courts.
(iv) The form of numerals to be used for any one or more specified purposes of the Union.
(v) Any other matter referred to the Commission by the President as regards the official language of the Union and language for the communication between the Union and a State or between one State and arother and their use.
Clauses (4), (5) and (6) of Article 344 further provide that in making recommendations, the Commission shall have due regard to the industrial. cultural and scientific advancement of India, and the just claims and interests of persons belonging to the non-Hindi speaking areas in regard to the public services.
Parliamentary Committee. There shall be constituted a Parliamentary Committee, consisting of thirty members, of whom twenty will be elected by the House of People and ten by the Council of States of the Indian Parliament to examine the recommendations of the Commission on Language and to report to the President their opinion thereon. After considering the report of the Committee the President may issue direction in accordance with the whole or any part of that report. Recommendations are not binding on the President.
The Parliament has passed the Official Language Act, 1963, which provides for the continued use of English for the official purposes of the Union indefinitely, notwithstanding the expiration of the period mentioned in Article 345 The change over to Hindi has thus been postponed indefinitely by permitting the use of English as an additional official language for all purposes for which it has so far been used. The position was to be reviewed only after January 26, 1975. It may be mentioned here that it has not been reviewed so far.
The ultimate aim is provided under Article 345, which fulfils the object of the spread and development of Hindi language. This was treated as a transitory period. As change to Hindi seems incomplete, hence the option is left to the use of either English or Hindi during the period following 15 years. This is only a permissive direction to use English. The order of the President was challenged in The Union of India v. Marasoli, AIR 1977 SC 2251, requiring the administrative personnel in Hindi. The plea was that trainees had no proficiency in Hindi language and moreover it was inconsistent with Section 3 of the Official Language Act, 1963. Hence it was void. But the Supreme Court held the President order as valid This order only encourages the Central Government employees below the age of 45 years to learn Hindi. It provides for the progressive use of the Hindi language. The order, in no way, takes away the advantageous position of any employee But, on the other hand it confers additional qualification on those who learn Hindi. Offering of prizes and increments in pay are only incentives. To pass in Hindi was not compulsory. There is no penalty if someone fails. Hence there is no justification of revising the question that there is treatment of unequals alike.
It may not be out of place to mention the representation of those languages shall be ensured which are recognised under Schedule VIII and the representatives shall be appointed by the President by order. The President will determine the procedure to be followed by the Language Commission. For the first time the Commission was constituted in 1955. Sri B.G. Kher was its president. The Commission presented its report in 1956 and the same was put upon the floor of the House in 1957. Considering the report of the Commission, the President made an order on April 27, 1960 and this made the learning of Hindi by all the Central employees necessary. Its validity was challenged in the above case, but the President order was held valid, one thing remarkable in the recommendation of the Parliamentary Committee is that no restriction should be placed on the use of English in spite of the fact that Hindi takes the place of main language for official purposes after 1965.
To conclude, there is no clear cut position of English and Hindi regarding their use as official language. Options are still open and people are free to use any of them, they like.
Directive for development of Hindi Language. Article 351 provides that it is the duty of the Union to promote the spread of the Hindi language, to develop it, so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius the forms, style and expression used in Hindustani and in the other languages of India specified in Eighth Schedule and by drawing whether necessary or desirable, for its vocabulary, primarily on Sanskrit, and secondarily on other languages.