REGIONAL
LANGUAGES
(1) The President
shall, at the expiration of five years from the commencement of this
Constitution and thereafter at the expiration of ten years from such
commencement, by order constitute a Commission which shall consist of a Chairman
and such other members representing the different languages specified in the
Eighth Schedule as the President may appoint, and the order shall define the
procedure to be followed by the Commission.
(2) It shall be the duty of the Commission to make recommendations
to the President as to--
(a) the progressive use of the Hindi language for the
official purposes of the Union ; .
(b) restrictions on the use of the English language for all
or any of the official purposes of the Union ;
(c) the language to be used for all or any of the purposes
mentioned in Article 348;
(d) the form of numerals to be used for any one or more
specified purposes of the Union ;
(e) any other matter referred to the Commission by the
President as regards the official language of the Union and the language for
communication between the Union and a State or
between one State and another and their use.
(3) In making their recommendations under clause (2), the
Commission shall have due regard to the industrial, cultural and scientific advancement
of India, and the just claims and the interests of persons belonging to the
non-Hindi speaking areas in regard to the public services.
(4) There shall be constituted a Committee consisting of
thirty members, of whom twenty shall be members of the House of the People and
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.
(5) It shall be the duty of the Committee to examine the
recommendations of the Commission constituted under clause (1) and to report to
the President their opinion thereon.
(6) Notwithstanding anything in Article 343, the President
may, after consideration of the report referred to in clause (5), issue
directions in accordance with the whole or any part of that report.
Article 345 - Official language or languages of a State
Subject to the provisions of Articles 346 and 347, the
Legislature of a State may by law adopt any one 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 that State:
Provided that, until 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 this Constitution.
Article
346 - Official language for communication between one State and another or
between a State and the Union
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.
Article 347 - Special provision relating to language spoken by a section of the population of a State
On a demand being made in that behalf the President may, if
he is satisfied that a substantial proportion of the population of a
State desire the use of any language spoken by them to be recognised throughout
that State or any part thereof for such purpose as he may specify.
Chapter
3 - LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC.
On a demand being made in that behalf the President may, if
he is satisfied that a substantial proportion of the population of a
State desire the use of any language spoken by them to be recognised throughout
that State or any part thereof for such purpose as he may specify.
Article 348 - Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.
(1) Notwithstanding
anything in the foregoing provisions of this Part, until Parliament by law
otherwise provides--
(a) all proceedings in the Supreme Court an in every High
Court,
(b) the authoritative texts--
(i) of all Bills to be introduced or amendments thereto to
be moved in either House of Parliament or in the House or either House of the
Legislature of a State,
(ii) of all Acts passed by Parliament or the Legislature of
a State and of all Ordinances promulgated by the President or the Governor 1
[***] of a State, and
(iii) of all orders, rules, regulations and bye-laws issued
under this Constitution or under any law made by Parliament or the Legislature
of a State,
shall be in the English language.
(2) Notwithstanding anything in sub-clause (a) of clause
(1), the Governor 1 [***] of a State may, with the previous consent
of the President, authorise the use of the Hindi language, or any other
language used for any official purposes of the State, in proceedings in the
High Court having its principal seat in- that State:
Provided that nothing in this clause shall apply to any
judgment, decree or order passed or made by such High Court.
(3) Notwithstanding anything in sub-clause (b) of clause
(1), where the Legislature of a State has prescribed any language other than
the English language for use in Bills introduced in, or Acts passed by, the
Legislature of the State or in Ordinances promulgated by the Governor 1
[***] of the State or in any order, rule, regulation or bye-law referred to in
paragraph (iii) of that sub-clause, a translation of the same in the English
language published under the authority of the Governor 1 [***] of
the State in the Official Gazette of that State shall be deemed to be the
authoritative text thereof in the English language under this Article.
1. The words "or
Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956,
section 29 and Schedule.
Article 349 - Special procedure for enactment of certain laws relating to language
During the period of fifteen years from the commencement of
this Constitution, no Bill or amendment making provision for the language to be
used for any of the purposes mentioned in clause (1) of Article 348 shall be
introduced or moved in either House of Parliament without the previous sanction
of the President, and the President shall not give his sanction to the
introduction of any such Bill or the moving of any such amendment except after
he has taken into consideration the recommendations of the Commission
constitution under clause (1) of Article 344 and the report of the Committee
constituted under clause (4) of that Article.
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