Article 344 of the Indian Constitution is a crucial provision within Part XVII, which deals with the official language of the Union. It outlines the mechanism for the formation of a Commission on official language and a Committee of Parliament to review the Commission’s recommendations, thereby guiding the evolution of the official language policy of India.
This article reflects the Constituent Assembly’s vision of a phased transition from English to Hindi, while also acknowledging the linguistic diversity of the nation and providing a consultative process for policy formulation regarding official languages, language for communication between states and the Union, language of the judiciary, and other related matters.
Original Text
344. Commission and Committee of Parliament on official language
(1) There shall be constituted 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 of the President, a Commission consisting 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 of the official 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 any 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 considering the report referred to in clause (5), issue directions in accordance with the whole or any part of that report.
Detailed Explanation
Article 344 establishes a two-tier mechanism for reviewing and recommending policy on the official language of the Union. This involves a Commission appointed by the President and a Committee of Parliament that examines the Commission’s recommendations.
Clause (1) mandates the President to constitute a Commission on official language. The first such Commission was to be constituted at the expiration of five years from the commencement of the Constitution (i.e., 1955), and subsequent Commissions were to be appointed at intervals of ten years thereafter. The Commission is to consist of a Chairman and other members representing the different languages listed in the Eighth Schedule. The President’s order constituting the Commission must also define its procedure.
Clause (2) specifies the duties of the Commission. Its primary role is to make recommendations to the President on several key aspects of the official language:
- Progressive use of Hindi for the official purposes of the Union.
- Restrictions on the use of English for any or all official purposes of the Union.
- Language to be used for purposes mentioned in Article 348 (language of the Supreme Court, High Courts, Acts, Bills, etc.).
- Form of numerals (Indian form of international numerals or the Devnagari form) for official purposes.
- Any other matter related to the official language of the Union or language for communication between the Union and States, or between States, referred to it by the President.
Clause (3) lays down guiding principles for the Commission while formulating its recommendations. The Commission must consider India’s industrial, cultural, and scientific progress. Crucially, it must also have due regard for the just claims and interests of persons belonging to non-Hindi speaking areas, particularly concerning recruitment to public services. This clause highlights the Constitution’s sensitivity to linguistic diversity and potential concerns in non-Hindi speaking regions.
Clause (4) provides for the constitution of a Committee of Parliament. This Committee is to comprise thirty members: twenty elected from the House of the People (Lok Sabha) and ten from the Council of States (Rajya Sabha). The election is to be held by the members of each House respectively, using the system of proportional representation by means of the single transferable vote, ensuring representation from different parties.
Clause (5) defines the duty of the Parliamentary Committee. It is tasked with examining the recommendations made by the Commission constituted under Clause (1). After examination, the Committee must report its opinion on these recommendations to the President.
Clause (6) grants the President the power to issue directions after considering the report submitted by the Parliamentary Committee (referred to in Clause 5). These directions can be in accordance with the whole or any part of the Committee’s report. This clause is significant as it states that these directions can be issued “Notwithstanding anything in Article 343,” implying that the President can, based on the recommendations and report, give directions that might affect the gradual transition envisaged in Article 343. This power allows for flexibility in adapting the official language policy based on the review process.
In essence, Article 344 establishes a structured, periodic process involving expert consultation (Commission) and political consensus-building (Parliamentary Committee) to guide the implementation and evolution of the official language policy, balancing the promotion of Hindi with the need to protect the interests of non-Hindi speaking populations and maintain national unity.
Detailed Notes
- Purpose: Establishes a mechanism for reviewing and recommending the official language policy of the Union.
- Mechanism: Involves a Commission and a Parliamentary Committee.
- Commission:
- Constituted by the President.
- First Commission: within 5 years of commencement (1955).
- Subsequent Commissions: within 10 years thereafter.
- Composition: Chairman + members representing languages in the Eighth Schedule, appointed by the President.
- Procedure: Defined by the President’s order.
- Duties (Recommendations to President):
- Progressive use of Hindi for Union official purposes.
- Restrictions on English use for Union official purposes.
- Language for purposes under Article 348 (Courts, Acts, etc.).
- Form of numerals for Union official purposes.
- Other matters referred by the President regarding Union official language and communication between Union and States/States.
- Considerations (Guiding Principles):
- Industrial, cultural, and scientific advancement of India.
- Just claims and interests of persons from non-Hindi speaking areas, especially regarding public services.
- Parliamentary Committee:
- Constituted after the Commission submits its recommendations.
- Composition: 30 members - 20 from Lok Sabha, 10 from Rajya Sabha.
- Election: Proportional representation by single transferable vote by respective House members.
- Duty: Examine recommendations of the Commission and report opinion to the President.
- President’s Power:
- After considering the Committee’s report, the President may issue directions.
- Directions can be in accordance with the whole or part of the report.
- This power overrides provisions of Article 343 (indicated by “Notwithstanding anything in Article 343”).
Additional Comments
- The first Official Language Commission was constituted in 1955 under the chairmanship of B.G. Kher.
- The report of the B.G. Kher Commission was submitted in 1956.
- A Parliamentary Committee to examine the B.G. Kher Commission’s report was constituted in 1957, chaired by Govind Ballabh Pant.
- The G.B. Pant Committee submitted its report in 1959.
- Based on the Pant Committee’s recommendations, the President issued an order in 1960.
- Article 344 and the reports generated by the Commission and Committee formed the basis for the Official Languages Act, 1963.
- While the Constitution envisaged a phased transition and review mechanism, the resistance from non-Hindi speaking areas led to the passing of the Official Languages Act, 1963, which provided for the continued use of English in addition to Hindi for official purposes of the Union.
- The Official Languages (Amendment) Act, 1967, made the use of English in addition to Hindi for official purposes obligatory until all non-Hindi speaking states pass resolutions for its discontinuance. This significantly altered the timeline and nature of the transition originally envisaged.
- The mechanism of constituting a Commission every 10 years and a subsequent Parliamentary Committee has largely fallen into disuse after the initial ones, although the legal provision remains. Official language policy evolution is now more influenced by the Official Languages Act, 1963 (as amended) and political considerations.
Summary
Article 344 of the Indian Constitution mandates the President to establish an Official Language Commission periodically (initially after 5 years, then every 10 years) composed of members representing languages from the Eighth Schedule. This Commission is tasked with recommending measures for the progressive use of Hindi for official purposes of the Union, restrictions on English, language use in courts and legislation (Article 348 matters), numeral form, and other language-related issues, while considering India’s development and protecting the interests of non-Hindi speaking regions. The article also requires the formation of a 30-member Parliamentary Committee (20 Lok Sabha, 10 Rajya Sabha) elected by proportional representation to examine the Commission’s recommendations and report to the President. Based on this report, the President is empowered to issue directions, notwithstanding the provisions of Article 343. This framework provides a constitutional process for the planned evolution and review of the official language policy.