Settling the language for cooperative federalism

• The latest effort to impose Hindi raises once again and quite retrogressively the issue of cultural nationalism at a time when it is least required.

Background

• Language is an essential ingredient of identity. The question of expressing national identity in a linguistically diverse society anxious to jettison or reduce the use of English as the language of the colonial power was passionately debated by the Constitution-makers and even linked to ‘national prestige’.
• It was an uneasy compromise reflected in the wording of Part XVII (Articles 343-351).

What does the constitution say?

• Article 345: leaves it to the State to choose its language for official purposes.
• Article 348: All proceedings of the Supreme Court and ‘of every High Court’ and of Bills, etc. in Parliament shall be in the English language.
• Official Language: Covered language of legislatures; language of the courts and the judiciary, and language of the official work of the Union.
• Article 351: Development of Hindi, to draw upon other languages in the composite culture of India.
• These include Hindustani that does not find a mention in the Eighth Schedule.

A dissent that surfaces from time to time

• It assumed a violent form in 1965 in Tamil Nadu, where violent disturbances led to more than 50 deaths.
• The reactions from Tamil Nadu and Kerala have been sharp and unambiguous.
• The recommendations of Commitee on official languages reported up to the ninth in the year 2010 have been forwarded to the Houses of Parliament.
• The 10th and 11th reports have been submitted to the President and are not in the public domain.
• The 11th Report highlighted some of its recommendations on language of instruction and examinations in technical courses.

The ‘national language’ issue

• The allegation of ‘cultural chauvinism’ emanates from the apprehension that the transition from English along with Hindi as the Official Language of the Union to it being the national language.
• To bring it about through such procedural devices such as the language of instruction and examination and of textbooks to the detriment of students whose mother tongue is not Hindi.
• Its implications for competitiveness in the job market are evident.
• The language of the chapter on Official Language is definitive and limits itself to the language of the Union. It does not mention a national language.
• There is no mention of it in the section on Directive Principles of State Policy or of Fundamental Duties.
• Article 344(3): The just claims and interests of persons belonging to the non-Hindi speaking areas in regard to the public services’ shall be considered by the President.

Courses open in front of the government

• The constitutional course would be to opt for the language of Article 345, that allows each Legislature to the use of Hindi, or to choose its language, for all official purposes.
• This would hinge on electoral success in terms of the official programme of the party in power.
• Its absence, by the same token, would make the matter politically contentious, even acrimonious.