Article 347 is a crucial provision within Part XVII of the Indian Constitution, which deals with Official Language. While Article 345 empowers the State Legislature to adopt one or more languages used in the State as the official language(s) of that State, Article 347 provides a special mechanism for the President to intervene under specific circumstances to protect the linguistic rights of a substantial section of the population within a State.
This article serves as a safeguard for linguistic minorities within a state, ensuring that their language is not entirely ignored in official usage, particularly when they constitute a significant proportion of the population and make a demand for its recognition. It allows for central intervention by the President to address such demands and direct the state administration regarding the use of that language for specific purposes.
Original Text
347. Special provision relating to language spoken by a section of the population of a State
On a demand being made in that behalf to the President, 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 by that State throughout the State or in any part thereof for such purposes as he may specify, direct that such language shall be officially recognised throughout that State or any part thereof for such purposes.
Detailed Explanation
Article 347 grants the President of India a special power related to the official recognition of languages within a State, distinct from the State Legislature’s power under Article 345. The trigger for the President’s intervention is a ‘demand being made in that behalf’. This demand typically originates from or on behalf of a section of the population of a State.
The President’s power is discretionary (“may”), not mandatory. Before exercising this power, the President must be satisfied that two conditions are met:
- A ‘substantial proportion’ of the population of a State desires the use of a particular language spoken by them.
- They desire this language to be recognised by that State.
If the President is satisfied, they can issue a ‘direction’. This direction mandates that the language shall be ‘officially recognised’. The scope of this recognition can be:
- Throughout the entire State, or
- In any part of the State.
Furthermore, this recognition is not necessarily for all official purposes. The President specifies the ‘purposes’ for which the language shall be officially recognised. This could include, for example, use in administration, representation, or communication within certain departments or areas.
This article is essentially a safety valve allowing the central executive head (the President, acting on the advice of the Council of Ministers) to address the concerns of linguistic minorities within a state when those concerns are significant enough (a “substantial proportion”) and a demand is raised.
Detailed Notes
- Authority: President of India.
- Trigger: A demand made to the President regarding language recognition in a State.
- Condition for Action: President must be satisfied that:
- A substantial proportion of the State’s population speaks a particular language.
- They desire its official recognition by the State.
- Nature of Power: Discretionary (‘may’ direct).
- Scope of Direction:
- Language shall be ‘officially recognised’.
- Recognition can be ’throughout the State’ or ‘in any part thereof’.
- Recognition is for ‘such purposes as the President may specify’.
- Purpose: To safeguard the linguistic rights of a significant minority section within a State.
- Context: Located in Part XVII (Official Language), Chapter IV (Special Directives).
- Contrast: Different from Article 345, which empowers the State Legislature to adopt official language(s). Article 347 allows central intervention.
Additional Comments
- This article highlights the constitutional recognition of linguistic diversity within states and provides a mechanism to address the specific needs of linguistic minorities.
- The term “substantial proportion” is not defined in the Constitution, leaving it to the satisfaction and discretion of the President (which means, practically, the Union Government).
- The article balances the autonomy of the State Legislature in selecting its official language(s) (under Article 345) with the Union’s responsibility to protect minority rights.
- The specific purposes for which the language is to be recognised can vary depending on the nature of the demand and the President’s direction, such as use in petitions, official communications, education, or public notices in certain areas.
- Implementation of a directive under Article 347 would require action by the State government to facilitate the use of the language for the specified purposes.
Summary
Article 347 grants the President the power, upon demand and being satisfied that a substantial proportion of a state’s population desires the recognition of their language, to direct that such language be officially recognised by the state. This recognition can apply to the entire state or a part thereof, but only for purposes specified by the President. This provision serves as a special measure to protect the linguistic interests of significant minority groups within states.