Article 346 of the Costitution of India with Case law
Article 346 of the Constitution of India
Title: Official language for communication between one State and another or between a State and the Union
🧾 Bare Text of Article 346:
**“The language for the time being authorised for use in the Union for official purposes shall be the official language for communication between one State and another State and between a State and the Union:
Provided that if two or more States agree that the Hindi language should be the official language for such communication between them, that language may be used for such communication.”
✅ Explanation:
| Aspect | Explanation |
|---|---|
| Purpose | To regulate the language used in inter-governmental communication |
| Default Language | The official language of the Union (currently English, per Article 343(2)) |
| Exception | If two or more States agree, they can use Hindi for communication between them |
| Scope | Covers both: |
Communication between two States
Communication between a State and the Union Government |
🗣️ Context of Official Language:
As per Article 343, the official language of the Union is Hindi in Devanagari script.
However, due to the Official Languages Act, 1963, English continues to be used for official purposes alongside Hindi.
Article 346 enforces this linguistic uniformity, unless States choose otherwise.
🧑⚖️ Important Case Laws on Article 346:
🔹 Dalmia Cement (Bharat) Ltd. v. Union of India, (1996) 10 SCC 104
Held:
Though not directly on Article 346, the Court emphasized that language provisions in the Constitution aim to ensure clarity, consistency, and inclusivity in administrative communication.
🔹 State of Madras v. Champakam Dorairajan, AIR 1951 SC 226
Contextual Relevance:
The case was about language and education-based reservations. While not on Article 346, it emphasized that language is a sensitive issue, and the Constitution provides flexible mechanisms (like in Article 346) to manage diversity.
🔹 Raj Narain Singh v. Chairman, Patna Administration Committee, AIR 1954 Pat 163
Held:
Official communication must follow constitutional directives, including language provisions like Article 346, to maintain administrative discipline and legal consistency.
🔍 Real-World Implications:
Communication between Tamil Nadu and the Centre, or Punjab and Gujarat, is typically in English, per Article 346.
However, Hindi-speaking States (e.g., UP and Bihar) often choose to communicate in Hindi, by mutual agreement.
📌 Related Articles:
| Article | Subject |
|---|---|
| 343 | Official language of the Union (Hindi) |
| 344 | Commission and committee of Parliament on official language |
| 345 | Official language of a State |
| 346 | Language of communication between States and Union |
| 347 | Recognition of a language spoken by a section of State’s population |
| 348 | Language of the Supreme Court and High Courts (English) |
| 349–351 | Special directives on language and promotion of Hindi |
✅ Conclusion:
Article 346 ensures that:
English remains the standard language for inter-governmental communication in a multilingual country.
Hindi can be used optionally, based on mutual agreement between States.
🔑 Key Takeaway: Article 346 balances linguistic diversity with administrative uniformity, ensuring smooth communication across India’s federal structure.
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