Language and the Indian Constitution
- Content Team
- Mar 24
- 11 min read
Updated: Mar 24
Language is not merely a tool of communication—it is an embodiment of identity, culture, heritage, and community. In a country as diverse as India, where hundreds of languages and dialects flourish across its length and breadth, the question of language was bound to assume tremendous significance in the framing and functioning of the Indian Constitution.
The framers of our Constitution were acutely aware of this diversity and the inherent challenges it presented, particularly in balancing national unity with regional linguistic identities.
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At the time of Independence and the drafting of the Constitution, India was a multilingual mosaic. Practically every State or region had more than one linguistic group, with varying levels of population, influence, and political clout.
This reality necessitated deliberate constitutional engineering to accommodate and safeguard the interests of linguistic minorities without compromising the integrity of the Indian Union.
Over the decades, these constitutional provisions have continued to evolve, and their interpretation and implementation remain central to India's federal and pluralistic ethos.
Constitutional Foundations
The founding fathers of the Indian Constitution recognized that linguistic plurality was a lived reality. While the primary objective was national integration, they also acknowledged that the preservation of cultural and linguistic identities was vital for sustaining India’s democratic and inclusive character.
Initially, the Constitution did not provide for the reorganization of States on linguistic lines. However, the demand for linguistic states gained momentum in the early 1950s, leading eventually to the States Reorganisation Act of 1956, which created several unilingual states.
Yet, even this reorganization did not eliminate the presence of linguistic minorities. Every state, regardless of its linguistic majority, continued to have groups whose mother tongue differed from the dominant regional language.
This dual reality—unilingual state formations and the persistent presence of linguistic minorities—presented a constitutional dilemma:
How to ensure the dominance of a regional language in administration and education while also securing the rights of those who did not speak that language?
To address this, the Constitution incorporated specific provisions that pertain to non-discrimination, cultural preservation, and linguistic rights.
Fundamental Rights and Language
Equality and Non-Discrimination
Article 14 guarantees equality before the law and equal protection of the laws. Though Articles 15(1) and 15(2) do not specifically mention ‘language’ as a prohibited ground for discrimination, the general principle of non-discrimination extends to language under judicial interpretation.
However, Articles 15(4) and 16(4), which allow affirmative action for socially and educationally backward classes, do not extend this privilege to linguistic minorities.
Despite this, the Constitution compensates through Articles 29 and 30, which protect the cultural and educational rights of minorities, including linguistic ones.
Articles 29(1) and 30(1): Guardians of Linguistic Identity
Article 29(1) provides every section of citizens with a distinct language, script, or culture the right to conserve the same. This has been foundational in asserting the identity and educational autonomy of linguistic minorities.
Article 30(1) confers on all minorities, whether religious or linguistic, the right to establish and administer educational institutions of their choice. These twin provisions, when read together, form the bedrock for linguistic minorities to preserve, promote, and transmit their linguistic heritage through institutional mechanisms.
Judicial interpretation, especially in English Medium S.P.A. v. State of Karnataka (1994), has clarified that forcing a linguistic minority to study in a language other than their mother tongue violates Article 29(1) when read with Article 350A, unless an option is given.
Language in State Administration
Under Article 345, a State legislature can adopt any one or more of the languages in use in that State, or Hindi, for official purposes.
This gives States the autonomy to preserve their linguistic character. However, this often sidelines minority languages in administration.
Article 345 of the Indian Constitution empowers the Legislature of a State, subject to the provisions of Articles 346 and 347, to adopt by law 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.
However, the proviso to the Article states that until the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes for which it was being used immediately before the commencement of the Constitution.
The scope of Article 345 has been clarified through judicial interpretation.
Empowering Provision Only: Article 345 merely empowers the Legislature of a State to adopt Hindi or any of the languages in use in the State as its official language. It does not state that English will automatically cease to be an official language once another is adopted. To bar the use of English, an express law must be passed by the State Legislature, as required under the proviso.( Dayabhai Poonambhai v. Natwarlal Sombhai Talati, AIR 1957
No Fundamental Right to Use Hindi in Absence of State Law: Until a State enacts a law under Article 345, no individual can claim a fundamental right to submit academic work (e.g., a thesis) in Hindi. A University ordinance requiring English cannot be deemed unconstitutional merely on this ground. In Sunil K.R. v. Director, I.I.T., Kanpur, AIR 1982 it was held The adoption of a language under Article 345 is for official purposes of the State. It does not create a legal right for an individual to demand education in that language.
Declaration of More Than One Official Language: There is no restriction under Article 345 preventing a State from declaring one or more languages in addition to Hindi as official languages. In Uttar Pradesh Hindi Sahitya Sammelan v. State of U.P., (2014) It was held that The State Legislature can exercise its discretion under Article 345 from time to time, and its power does not get exhausted after the initial adoption of Hindi or any other language.
Languages “in use” in the State: The criteria for adopting a language (other than Hindi) as an official language is that the language must be in use in the State. However, there is no bar on adopting Hindi as an official language even if it is not currently in use in the State.(Uttar Pradesh Hindi Sahitya Sammelan v. State of U.P., (2014)
To protect linguistic minorities within states, Article 347 provides a remedial mechanism. It empowers the President, upon being satisfied that a "substantial proportion" of a State’s population desires the use of a particular language, to direct its recognition for official purposes across the State or in part.
This provision has profound significance. It symbolically and functionally includes linguistic minorities in state governance.
Yet, its invocation remains rare, primarily because the onus lies on the minority group to prove demographic strength and make a formal representation.
Special Directives: Articles 350 to 350B
The Seventh Amendment (1956), following the States Reorganisation Commission's recommendations, introduced Articles 350A and 350B to provide additional safeguards after the linguistic reorganisation of states.
Article 350: Language for Representations
Article 350 ensures that every person has the right to submit a grievance to any officer or authority of the Union or State in any of the languages used in the Union or the State.
This provision is essential to ensure accessibility to governance and redressal mechanisms regardless of linguistic background.
Yet, in practice, many citizens are unaware of this right, and State administrations often lack multilingual infrastructure to effectively process such representations.
Article 350A: Education in Mother Tongue at Primary Stage
A landmark provision, Article 350A mandates that every State and local authority "shall endeavour" to provide adequate facilities for primary education in the mother tongue of linguistic minorities.
Article 350A was inserted into the Constitution by the Seventh Amendment Act, 1956, following the recommendations of the States Reorganisation Commission.
Its purpose is to safeguard the interests of linguistic minorities following the reorganisation of States primarily on linguistic lines.
This Article casts a constitutional duty on every State and every local authority within the State to provide adequate facilities for instruction in the mother tongue at the primary stage of education to children belonging to linguistic minority groups.
Judicial Interpretation and Clarity on "Mother Tongue"
The State of Karnataka v. Associated Management of English Medium Primary and Secondary Schools (2014) clarified a critical point:
“Mother tongue” refers specifically to the language of the linguistic minority group in a State, not the language a child is most comfortable with.
This ruling prevents states from interpreting "mother tongue" loosely and sidestepping their constitutional obligations.
However, the same ruling also held that Article 350A does not permit a State to compel a linguistic minority institution to use the mother tongue as a sole medium of instruction.
This would violate Article 30(1), which allows minorities to administer their educational institutions freely.
Thus, while Article 350A imposes a constitutional duty on the State to provide facilities, it also protects the freedom of linguistic minorities to opt for other mediums of instruction, including English.
In English Medium S.P.A., the Supreme Court held that compelling linguistic minorities to study a regional language violates Articles 29(1) and 350A, unless they are given an option.
This confirms that language policy must respect constitutional rights and provide choices, not compulsion.
English Medium S.P.A. v. State of Karnataka (1994) : There is a violation of Article 29(1) read with Article 350A if a State compels a linguistic minority to study a regional language (i.e., a language other than their own) at the primary stage, unless they are given an option.
However, the formulation and implementation of a State’s language policy falls within the domain of the government.
The Courts will not interfere unless the policy violates constitutional provisions. In Hindi Hitrakshak Samiti v. Union of India (1990): A State’s language policy is unconstitutional if it prescribes that Hindi or any regional language must be the sole medium of instruction at the primary level, thereby denying linguistic minorities their rights under Article 350A.
State of Karnataka v. Associated Management of English Medium Primary and Secondary Schools (2014): Article 350A does not empower the State to compel a linguistic minority to choose its mother tongue as the sole medium of instruction in a primary school established by them.
Such compulsion would violate the fundamental right under Article 30(1), which allows minorities to establish and administer educational institutions of their choice.
Article 350B: Special Officer for Linguistic Minorities
Article 350B establishes a Special Officer for Linguistic Minorities, appointed by the President, tasked with investigating all matters related to linguistic safeguards and reporting to the President.
These reports are then laid before Parliament and shared with State governments.
While well-intentioned, the effectiveness of the Special Officer has been questioned. Often under-publicized and lacking enforcement powers, this institution needs strengthening in visibility and authority to fulfill its constitutional role effectively.
Object of Articles 350A and 350B
Both Articles were inserted to address the emerging linguistic complexities post-1956. They aim to safeguard linguistic minorities in the newly formed States and to ensure the continuity of linguistic pluralism amidst administrative centralisation.
Promoting Hindi without Undermining Diversity
Article 351 places a directive duty on the Union to promote the spread of Hindi and develop it as a medium of expression for India's composite culture, enriching it primarily from Sanskrit and secondarily from other Indian languages.
Though it is in the nature of a Directive, it is not included in Part IV. The Supreme Court has held it to be justiciable, in annulling a Madras Government order, sanctioning the grant of pension to ‘anti-Hindi agitators’ in that State, because such order would, in effect, excite emotion against Hindi instead of promoting it. (Dalavai, R.R. v. State of T.N., AIR 1976)
However, the Court has clarified in Sunil Kumar Sahastrabudhey v. IIT Kanpur (1982) that Article 351 does not confer any right on citizens to compel institutions to impart education in Hindi.
The Supreme Court, in Santosh Kumar v. Secretary, Ministry of Human Resource Development (1994), upheld the teaching of Sanskrit, asserting it is not anti-secular, given its centrality in Article 351 and its role as a source language for India’s cultural and intellectual traditions.
Thus, while Article 351 seeks to promote Hindi, it does not endorse linguistic hegemony. It must be implemented in harmony with Articles 29, 30, 350A and 350B, which protect India’s multilingual fabric.
A Constitutional Commitment
The Indian Constitution offers a remarkably progressive vision for linguistic rights, anticipating the delicate balance between unity and diversity. Articles 29, 30, 347, 350, 350A, 350B, and 351 together form a constitutional code to uphold India's multilingual heritage.
However, vision without action is illusion. For linguistic justice to become a lived reality, the following steps are essential:
Strengthen enforcement of Article 350A through financial support and teacher training.
Enhance the authority and visibility of the Special Officer for Linguistic Minorities.
Promote awareness among citizens about their linguistic rights.
Ensure flexibility in state language policies to accommodate emerging linguistic demographics.
Avoid majoritarianism, ensuring that Article 351’s directive for Hindi development does not eclipse regional and minority languages.
Language is more than letters. It is the soul of a people, and its constitutional protection is the hallmark of an enlightened democracy.
As India continues its journey as a pluralistic nation, it must remain faithful to its constitutional promise: to allow every language to flourish, every voice to be heard, and every identity to feel at home.
Persistent Challenges for Linguistic Minorities
Despite these elaborate constitutional provisions, three core challenges continue to persist for linguistic minorities in India:
1. Access to Mother Tongue Education: While Article 350A mandates primary education in the mother tongue, implementation remains weak. Budgetary constraints, lack of trained teachers, and political apathy result in inadequate facilities.
Moreover, parental demand for English-medium education, driven by economic aspirations, often conflicts with cultural preservation.
2. Inclusion in State Administration: Article 347 provides a pathway for administrative recognition of minority languages, but its procedural demands and discretionary nature limit its usage.
Most minority groups struggle to gain a voice in local governance, resulting in alienation and bureaucratic disconnect.
3. Representation in Public Employment: Linguistic minorities do not enjoy the same affirmative action benefits as religious or caste-based minorities. State public service exams and official work being conducted in the dominant state language often excludes non-native speakers.
The absence of linguistic representation in the public sector further marginalizes these groups.
Frequently Asked Questions
1. Does the Constitution explicitly prohibit discrimination based on language?
While Articles 15(1) and 15(2) don't list "language" explicitly, courts have interpreted the principle of equality and non-discrimination to include language. However, Articles 15(4) and 16(4), which allow for affirmative action, do not extend benefits to linguistic minorities.
2. What constitutional rights do linguistic minorities have regarding education?
Articles 29(1) and 30(1) allow linguistic minorities to conserve their language and establish educational institutions. Article 350A adds that states must endeavour to provide primary education in the mother tongue, but cannot compel its use, preserving the minorities’ freedom under Article 30(1).
3. Can a state declare multiple official languages under Article 345?
Yes. Article 345 permits a state to adopt one or more languages in use (including Hindi) for official purposes. This power is flexible and not exhausted after a single use. However, the state must pass an express law to discontinue English officially.
4. What is the role of Article 350B and how effective is it?
Article 350B mandates a Special Officer for Linguistic Minorities to report on linguistic safeguards. Though constitutionally significant, this role is often seen as symbolic, lacking visibility and enforcement powers. Strengthening this institution is essential for effective protection of linguistic minority rights.
5. Does promoting Hindi under Article 351 violate minority language rights?
No. Article 351 directs the Union to promote Hindi as a link language, enriching it with Sanskrit and Indian languages. However, it must be balanced with Articles 29, 30, 350A, and 350B to prevent linguistic hegemony and ensure multilingual inclusivity.
6. What does the Constitution say about education in the mother tongue?
Article 350A directs States to endeavour to provide primary education in the mother tongue of linguistic minorities. Courts clarified that “mother tongue” refers to the language of the minority group, not necessarily the child’s preferred language. However, compulsion to use it violates Article 30(1).
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