Article 347 of the Costitution of India with Case law
📜 Article 347 of the Constitution of India
Title: Special provision relating to the language spoken by a section of the population of a State
✅ Text of Article 347:
"On a demand being made in that behalf the President may, if he is satisfied that a substantial proportion of the population of a State desires the use of any language spoken by them to be recognized throughout that State or any part thereof for such purpose as he may specify, direct that such language shall also be officially recognized throughout that State or any part thereof for such purpose as may be specified."
🧠 Explanation:
Article 347 empowers the President of India to recognize a minority language in a State for official purposes.
This can happen only when a substantial portion of the population demands it.
The recognition may be throughout the State or in a particular region of the State.
Purpose may include education, government communication, administration, etc.
🛑 Important Conditions:
| Condition | Description |
|---|---|
| Demand must be made | By a substantial section of the population |
| Language must be spoken widely | Must be of significant use among residents |
| President's discretion | President decides if demand is valid |
| Recognition may be partial | Limited to a part of the State or specific purposes |
⚖️ Key Case Laws on Article 347:
1. Tulasamma v. State of Andhra Pradesh
Citation: AIR 1970 AP 106
Facts: A petition was filed seeking the recognition of Urdu as an official language in certain parts of Andhra Pradesh.
Held:
The Court observed that only the President has the constitutional authority under Article 347 to recognize a language.
The State Government or the High Court cannot compel such recognition unless the President has acted upon a valid demand.
Reaffirmed that Article 347 is not self-executing; action depends on a Presidential directive.
2. State of Maharashtra v. Union of India (related indirectly)
Held:
Reinforced the concept that language rights must balance national unity and regional diversity.
While not directly on Article 347, it emphasized the importance of official recognition of minority languages in diverse regions like Maharashtra, where Marathi, Hindi, and Urdu are all spoken.
🗣️ Example of Article 347 in Action:
Sindhi language was granted official status in Rajasthan in specific districts after a significant demand from Sindhi-speaking people under Article 347.
In North-Eastern states, languages like Bodo, Mizo, and Khasi have been recognized in specified areas based on this Article.
🔁 Related Constitutional Provisions:
| Article | Subject |
|---|---|
| Article 344 | Commission and Committee on Official Language |
| Article 345 | Official language of a State |
| Article 346 | Official language for communication between one State and another |
| Article 350A & 350B | Facilities for instruction in mother tongue and appointment of special officer for linguistic minorities |
📚 Summary Table:
| Feature | Details |
|---|---|
| Article | 347 |
| Power Vested In | President of India |
| Applies To | Minority languages in a State |
| Based On | Substantial population demand |
| Recognition Scope | Whole or part of a State |
| Purpose | Official use – administrative, educational, etc. |
| Key Case | Tulasamma v. State of Andhra Pradesh (AIR 1970 AP 106) |
| Judicial Review | Limited – action lies with the President |
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