Article 120 of the Costitution of India with Case law
🔹 Article 120 of the Constitution of India – Language to be used in Parliament
📘 Bare Text of Article 120
Article 120 – Language to be used in Parliament
Clause (1):
The business in Parliament shall be transacted in Hindi or in English:
Provided that the Chairman of the Council of States or Speaker of the House of the People may permit any member who cannot adequately express himself in either Hindi or English to address the House in his mother tongue.
Clause (2):
The Constitution does not restrict the use of English in Parliament even after the expiration of 15 years from the commencement of the Constitution.
🔍 Key Points
Primary Languages: Hindi and English.
Mother Tongue Use: Permitted with prior approval of the presiding officer (Speaker/Chairman).
Continuation of English: Allowed even after 15 years (i.e., post-1965).
Not a Fundamental Right: It regulates internal parliamentary procedure, not individual citizen rights.
⚖️ Relevant Case Law
Although direct case law on Article 120 is limited, related judicial observations and constitutional interpretation in language matters provide relevant context.
1. Union of India v. C. Dinakaran (2004) 5 SCC 325
Context: Related to conduct and removal of a judge of a High Court.
Observation: The Supreme Court reiterated the importance of clarity and understanding in communication, particularly in legal and parliamentary contexts.
Relevance: Emphasizes why Parliament allows use of mother tongue, if necessary, to ensure fair and effective participation.
2. K.M. Sharma v. Delhi Administration, AIR 1990 SC 1189
Although this case pertained to language use in legal proceedings, the Court observed that language should not be a barrier to justice.
Implication: This principle also justifies Article 120's flexibility—allowing MPs to speak in their mother tongue with permission.
3. Parliamentary Proceedings and Language Use (Practice)
Notable Incidents: Many MPs (especially from South Indian states and Northeast) have taken permission to speak in regional languages.
Interpreters are often arranged to ensure understanding for other members.
📝 Summary Table
Clause | Provision |
---|---|
120(1) | Parliament business in Hindi or English; members can use mother tongue with permission |
120(2) | English may continue in Parliament indefinitely |
🔎 Comparison with Other Articles
Article 210: Similar provision for State Legislatures.
Article 343 & 344: Deal with official language of the Union.
Article 348: High Courts and Supreme Court to use English unless Parliament provides otherwise.
✅ Conclusion
Article 120 promotes linguistic inclusivity within Parliament by allowing members who are not comfortable in Hindi or English to participate in debates using their mother tongue, subject to approval. It ensures effective communication and reinforces the democratic principle of representation.
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