Article 350 of the Costitution of India with Case law
Here is a comprehensive explanation of Article 350 of the Constitution of India, along with relevant case law:
📜 Article 350 – Constitution of India
“Language to be used in representations for redress of grievances”
âś… Text of Article 350:
"Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be."
🔍 Key Features of Article 350:
| Feature | Description |
|---|---|
| Scope | Applies to every person (citizen or non-citizen) |
| Right guaranteed | Right to submit representation to any Union/State authority |
| Language freedom | May be submitted in any language used in the Union or in the State |
| Purpose | To ensure that language does not become a barrier to justice or redressal |
🧾 Background:
Falls under Part XVII of the Constitution: Official Language.
Reflects India’s linguistic diversity.
Aims to promote administrative inclusiveness and accessibility, especially for linguistic minorities.
⚖️ Related Case Laws on Article 350:
1. TMA Pai Foundation v. State of Karnataka (2002)
Citation: (2002) 8 SCC 481
Held: Linguistic minorities have constitutional protection under Articles 29 and 30, and can also submit grievances in their own language under Article 350.
Relevance: Highlights how Article 350 aids in preserving linguistic identity and accessibility.
2. State of Karnataka v. Associated Management of English Medium Primary & Secondary Schools (2022)
Citation: (2022) 4 SCC 341
Held: State cannot impose language restrictions that affect the freedom to use language for communication with the state.
Relevance: Reinforces the principle behind Article 350, ensuring that language choice remains free in representations to government authorities.
3. Re: Kerala Education Bill, 1957 (Advisory Opinion)
Citation: AIR 1958 SC 956
Held: Article 350 and other language provisions ensure the freedom of minorities to use their language in communication with the State.
Relevance: Establishes the importance of linguistic accessibility in public administration.
4. D.A.V. College v. State of Punjab (1971)
Citation: AIR 1971 SC 1737
Issue: Restrictions imposed on colleges in Punjab regarding the use of Punjabi.
Held: Linguistic minorities and institutions have protection, and cannot be forced to use a particular language in representations.
Relevance: Affirms Article 350’s guarantee against linguistic imposition.
đź”— Related Articles:
| Article | Subject |
|---|---|
| Article 29 | Protection of interests of minorities |
| Article 343–351 | Official language provisions |
| Article 350A | Instruction in mother tongue at the primary stage |
| Article 350B | Special Officer for Linguistic Minorities |
đź“š Summary Table:
| Feature | Detail |
|---|---|
| Who is covered | Every person (citizen or non-citizen) |
| What is allowed | Submission of grievances in any officially used language |
| Where applicable | To any Union or State authority |
| Purpose | Protect linguistic rights and promote inclusive governance |
| Judicial View | Courts uphold right to communicate in chosen language if it's in official use |
🧠Why Article 350 Matters:
Upholds linguistic equality and inclusivity.
Protects the rights of linguistic minorities.
Ensures access to grievance redressal for non-dominant language speakers.
Supports a multi-lingual administrative structure in India.
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