Plans to make Hindi the sole official language of the Republic were met with resistance in many parts of the country, especially in Tamil Nadu, which had a history of opposing imposition of the Hindi language dating back to 1937, when the Justice Party opposed the then Congress led Madras Government's decision to make Hindi compulsory in secondary/middle schools.
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, that is, 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 whatsoever. 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 and territories, including Maharashtra, Tamil Nadu, Punjab, West Bengal, Karnataka, Puducherry, Nagaland, Mizoram and Andhra Pradesh. Some of these protests also turned violent. As a result, the proposal was dropped, 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.: 3(5)
The position was thus that the Union government continues to use English in addition to Hindi for its official purposes: 3(1) as a "subsidiary official language", but is also required to prepare and execute a program to progressively increase its use of Hindi.: 1) 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.
The Indian constitution distinguishes the language to be used in Parliamentary proceedings, and the language in which laws are to be made. Parliamentary business, according to the Constitution, may be conducted in either Hindi or English. The use of English in parliamentary proceedings was to be phased out at the end of fifteen years unless Parliament chose to extend its use, which Parliament did through the Official Languages Act, 1963.: 3(1b) Also, the constitution permits a person who is unable to express themself in either Hindi or English to, with the permission of the Speaker of the relevant House, address the House in their mother tongue.
In contrast, the constitution requires the authoritative text of all laws, including Parliamentary enactments and statutory instruments, to be in English, until Parliament decides otherwise. Parliament has not exercised its power to so decide, instead merely requiring that all such laws and instruments, and all bills brought before it, also be translated into Hindi, though the English text remains authoritative.: 5(1, 2)) The Official Languages Act, 1963 provides that the authoritative English text of passed acts, rules, regulations, etc., are published in Hindi as well in the official gazette by President of India.
The Official Language Act provides that the Union government shall use both Hindi and English in most administrative documents that are intended for the public, though the Union government is required by law to promote the use of Hindi: 3(3) names, among others, resolutions, general orders, rules, notifications, administrative or other reports or press communiques issued by a government department, agency or corporation; administrative and other reports and official papers laid before a House or the Houses of Parliament; and contracts and agreements executed, and licences, permits, notices and forms of tender issued by or on behalf of the government (including government companies).
The Official Languages Rules, in contrast, provide for a higher degree of use of Hindi in communications between offices of the central government (other than offices in Tamil Nadu, to which the rules do not apply).: 1(ii) Communications between different departments within the central government may be in English and Hindi (though the English text remains authoritative), although a translation into the other language must be provided if required. Communications within offices of the same department, however, must be in Hindi if the offices are in Hindi-speaking states, and in either Hindi or English otherwise with Hindi being used in proportion to the percentage of staff in the receiving office who have a working knowledge of Hindi.: 4 Notes and memos in files may be in English and Hindi (though the English text remains authoritative), with the Government having a duty to provide a translation into the other language if required.: 8
Besides, every person submitting a petition for the redress of a grievance to a government officer or authority has a constitutional right to submit it in any language used in India.
In 2016, the government announced plans to promote Hindi in government offices in Southern and Northeast India.
The Indian constitution does not specify the official languages to be used by the states for the conduct of their official functions and leaves each state free to, through its legislature, adopt Hindi or any language used in its territory as its official language or languages. The language need not be one of those listed in the Eighth Schedule, and several states have adopted official languages which are not so listed. Examples include Kokborok in Tripura and Mizo in Mizoram.
The constitutional provisions in relation to use of the official language in legislation at the State level largely mirror those relating to the official language at the central level, with minor variations. State legislatures may conduct their business in their official language, Hindi or (for a transitional period, which the legislature can extend if it so chooses) English, and members who cannot use any of these have the same rights to their mother tongue with the Speaker's permission. The authoritative text of all laws must be in English unless Parliament passes a law permitting a state to use another language, and if the original text of a law is in a different language, an authoritative English translation of all laws must be prepared.
The state has the right to regulate the use of its official language in public administration, and in general, neither the constitution nor any central enactment imposes any restriction on this right. However, every person submitting a petition for the redress of a grievance to any officer or authority of the state government has a constitutional right to submit it in any language used in that state, regardless of its official status.
States have significantly less freedom in relation to determining the language in which judicial proceedings in their respective High Courts will be conducted. The constitution gives the power to authorise the use of Hindi, or the state's official language in proceedings of the High Court to the Governor, rather than the state legislature and requires the Governor to obtain the consent of the President of India, who in these matters acts on the advice of the Government of India. The Official Languages Act gives the Governor a similar power, subject to similar conditions, in relation to the language in which the High Court's judgements will be delivered.: 3(3)
In addition to official languages, a few states also designate official scripts.
The language of communications between different states or between the union government and a state or a person in a state, is regulated by the Official Languages Act and, except for communications involving Tamil Nadu, which are governed by the Official Languages Rules. Communication between states which have Hindi as an official language must be in Hindi, whereas communication between a state where Hindi is an official language and one where it is not Hindi and must be in English, or, in Hindi with an accompanying English translation (unless the receiving state agrees to dispense with the translation).
Communication between the union and states which use Hindi as their official language (classified by the Official Language Rules as "the states in Region A"), and with persons who live in those states, is generally in Hindi, except in certain cases. Communication with a second category of states "Region B", which do not have Hindi as an official language but have elected to communicate with the union in Hindi is usually in Hindi, while communications sent to an individual in those states may be in Hindi and English.: 3(2)) Communication with all other states "Region C", and with people living in them, is in English.: 3(3))
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