Official Languages under Eighth Schedule of Constitution
Official Languages under the Eighth Schedule of the Indian Constitution
1. What is the Eighth Schedule?
The Eighth Schedule to the Constitution of India lists the official languages recognized by the Indian Union. These languages are entitled to certain benefits and recognition, especially in the context of government administration, education, and cultural preservation.
2. Constitutional Provisions Related to Official Languages
Article 343: Declares Hindi in Devanagari script as the official language of the Union.
Article 344: Provides for the appointment of a Commissioner for Official Language and the formation of a Committee of Parliament on Official Language to promote the use of Hindi and other scheduled languages.
Article 345: Allows states to adopt any language used in the state or Hindi as the official language.
Article 347: Permits the President to recognize a language spoken by a section of the population in a state as official.
Article 351: Directive for the Union to promote the spread of Hindi.
Article 342: Lists the languages specified in the Eighth Schedule.
3. Languages Listed in the Eighth Schedule
The original Constitution of India (1950) included 14 languages in the Eighth Schedule.
Over time, this number has increased to 22 languages through constitutional amendments.
Current Languages in the Eighth Schedule:
Assamese
Bengali
Bodo
Dogri
Gujarati
Hindi
Kannada
Kashmiri
Konkani
Maithili
Malayalam
Manipuri (Meitei)
Marathi
Nepali
Odia
Punjabi
Sanskrit
Santali
Sindhi
Tamil
Telugu
Urdu
4. Significance of Inclusion in the Eighth Schedule
Languages listed in the Eighth Schedule receive official recognition at the national level.
They are used in official communication, parliamentary proceedings, and in the conduct of examinations for government jobs.
The government promotes their development, preservation, and propagation.
Scheduled languages may be used in the education system and court proceedings.
The President appoints a Commissioner for Official Language to promote these languages.
5. Process of Inclusion
Languages can be added by a Constitutional Amendment.
The decision to include a language is generally based on:
Number of speakers.
Historical and cultural significance.
Demand by linguistic communities.
Political considerations.
6. Case Law on Official Languages and Eighth Schedule
🏛️ Anoop Baranwal v. Union of India (1997)
The Supreme Court held that the languages in the Eighth Schedule must be given special status in government functions.
It emphasized that government recruitment and examination processes must consider these languages.
🏛️ M. Nagaraj v. Union of India (2006)
Though primarily dealing with reservations, the Court acknowledged the importance of language recognition in safeguarding cultural rights.
🏛️ Kameshwar Prasad v. State of Bihar (1962)
The Court upheld the right of states to choose their official language under Article 345, affirming linguistic diversity in India.
The decision reinforced that the Eighth Schedule languages should be respected but states have autonomy within their jurisdictions.
🏛️ Mohd. Sadique v. Union of India (2008)
The Supreme Court reaffirmed that the Eighth Schedule languages should be promoted to preserve India's linguistic heritage.
The Court underlined the government's duty under Article 351 to develop Hindi but without harming other languages.
7. Role of the Official Language Commission
Established under Article 344.
Suggests measures for the progressive use of Hindi.
Encourages the development of Eighth Schedule languages.
Ensures implementation of official language policies.
8. Challenges and Issues
Linguistic Diversity: India’s vast diversity makes it challenging to balance between Hindi and other languages.
Regional Aspirations: Some states demand inclusion of their languages or oppose Hindi imposition.
Promotion vs. Protection: Balancing promotion of Hindi as a link language and protecting regional languages.
Political Sensitivities: Language issues have often been politically sensitive, leading to movements and agitations.
9. Summary Table
| Aspect | Details |
|---|---|
| Constitutional Article | Eighth Schedule; Articles 343, 344, 345, 351 |
| Number of Languages | 22 (as of now) |
| Significance | Official recognition, promotion, use in government & education |
| Process of Inclusion | Constitutional Amendment |
| Key Institutions | Official Language Commission, Commissioner for Official Language |
| Legal Protection | Supported by Supreme Court judgments |
10. Conclusion
The Eighth Schedule reflects India's linguistic pluralism and constitutional commitment to preserving and promoting multiple languages. It provides official recognition and encourages development of these languages to ensure cultural diversity is respected.
Through constitutional provisions and judicial pronouncements, the Indian legal framework aims to maintain a delicate balance between promoting a common language (Hindi) and protecting the rich linguistic heritage of the country.
RELATED Blog
0 comments