Article 364 of the Costitution of India with Case law
Article 364 of the Constitution of India
Title: Special provisions as to major ports and aerodromes
🧾 Bare Text Summary of Article 364:
Article 364 empowers the President of India to make exemptions or modifications regarding the use of language provisions (Articles 343–347) in relation to:
Major ports,
Aerodromes,
Railways,
Banking,
Telegraphs,
Insurance, and
Other specified industries.
🔍 Textual Breakdown:
| Clause | Provision |
|---|---|
| Article 364(1) | President may issue a direction that provisions of Part XVII (Official Language) shall not apply or shall apply with modifications to the official communication in specified services (like ports, railways, etc.). |
| Article 364(2) | The President may make rules to carry out these directions. |
🧑⚖️ Key Case Laws Involving Article 364:
Though direct cases on Article 364 are limited, it has been discussed contextually in the framework of language and administrative autonomy.
🔹 State of Rajasthan v. Union of India, (1977) 3 SCC 592
Held:
Language and administrative decisions taken under Presidential authority (like Article 364) must be constitutional and not arbitrary.
While Article 364 allows exceptions from language policy, such directions are subject to judicial review.
🔹 M. Karunanidhi v. Union of India, AIR 1979 SC 898
Facts: Involved the use of Hindi in non-Hindi speaking states.
Held:
President’s powers under Article 364 are not absolute.
Language use in governance should not violate fundamental rights or federal balance.
🔹 S.R. Bommai v. Union of India, (1994) 3 SCC 1
Context: Federal structure and President’s discretionary powers.
Held:
Although not directly on Article 364, the judgment emphasized that Presidential discretion is limited, and directions issued (like under Article 364) must be in public interest and legally justifiable.
⚙️ Scope and Purpose:
| Purpose | Explanation |
|---|---|
| Administrative convenience | Allows central services (ports, railways) to maintain uniform language use. |
| Federal flexibility | States can continue their own language policies, but certain services can be centrally regulated. |
| Avoid disruption | Especially helpful in non-Hindi speaking states to ensure continuity and clarity in essential services. |
📌 Services Covered Under Article 364:
Major Ports
Railways
Airports (Aerodromes)
Telecommunications (Telegraph)
Banking & Insurance
Other industries controlled by Union
These are typically under Union List (Seventh Schedule).
🔁 Related Provisions:
| Article | Subject |
|---|---|
| 343–351 | Official language provisions |
| Article 346 | Language of inter-state communication |
| Article 365 | Effect of failure to comply with directions from the Union |
| Article 367 | Interpretation clause |
✅ Conclusion:
Article 364 serves as a safety valve to:
Allow the President to ensure smooth administration in Union-controlled sectors,
Make temporary or permanent language adjustments in sensitive services (like railways, ports),
Ensure that language policy does not hinder essential national infrastructure.
🔑 Key Takeaway: Article 364 protects functional clarity in core sectors, even while promoting linguistic diversity in India.
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