IV) RESPONSES OF LAW TO SOCIAL INSTITUTIONS
I. RESPONSES OF LAW TO RELIGION:-
Secularism or a Secular State means “a State which does not recognize any religion as State
religion, but treats all religions equally”. The Supreme Court explained secularism as “the State shall
have no religion of its own and all persons of the country shall be equally entitled to the freedom of
their conscience and have the right freely to profess, practice and propagate any religion”.
Secularism and Constitution of India:- The word ‘secular’ was inserted into the preamble of the
Constitution by 42nd Constitutional Amendment Act, 1976, but the concept of secularism was already
implicit in the Constitution in granting “liberty of…belief, faith and worship through the preamble”.
The Supreme Court has observed that “although the words ‘secular State’ are not expressly
mentioned in the Constitution, but there can be no doubt that Constitution makers wanted to establish
such a State and accordingly Articles 25 to 28 have been included in the Constitution which guarantees
Freedom of Religion.
No discrimination on the basis of religion:- Article 14 guarantees equality before law and provides that
the State shall not discriminate against any person on the ground of religion. Article 15 prohibits
discrimination on grounds of religion, race, case, sex or place of birth. Article 16 provides for equality of
opportunity in matters of public employment. Article 17 provides for abolition of untouchability.
Promoting enmity between different groups is specific offence:- Section 153A was inserted in the IPC
which lists all the offencive acts, lust like a divisible factor throughout India, promoting enmity between
different groups on gro9unds of religion, race, place of birth, residence, language etc., and doing acts
prejudical to maintenance of harmony. The object of adding this section in the IPC was to prevent racial
and sectarian quarrels entailing the public peace.
Promoting hatred or ill will disharmony affecting the enmity:- It is not necessary to prove a resut of the
objectionable matter, enmity or hatred was in fact caused between the different classes. Intention to
promote enmity or hatred apart from the writing itself, is not a necessary ingredient of the offence. It is
enough to show that the language of the writing is of a nature calculated to promote feelings of enmity
or hatred.
Uniform civil code:- The Supreme Court in Shah Bano’s case has observed that there should be a
Uniform Civil Code to govern different religions.
II. LANGUAGE AND LAW:- The Constitution guarantees to its all citizens to speak any language and run
any institution on the basis of language but the State will not discriminate on the basis of language and
it can be aided by the State.
1. Fundamental rights of linguistic:-
Right to conserve distinct language:- Article 29(1) provides that any section of the citizens residing in
the territory of India or any part thereof having a distinct language, script or culture of its own shall have
the right to conserve the same.
Right of minorities to establish and administer educational institutions:- Article 30(1) provides that all
minorities, whether based on religion or language, shall have the right to establish and administer
educational institutions of their choice. Article 30(2) provides that the State shall not, in granting aid to
educational institutions, discriminate against any educational institution on the ground that it is under
the management of a minority whether based on religion or language.
2. Language to be used in Parliament and Legislature:-
Language to be used in Parliament: Article 120 provides that business in Parliament shall be transacted
in Hindi or in English. But, the Chairman of the council of States or Speaker of the House of the People
may permit any member who cannot adequately express himself in Hindi or in English to address the
House in his mother tongue.
Language to be used in the Legislature:- Article 210 provides that the business in the Legislature of a
Stae shallbe transacted in the official language or languages of the State or in Hindi or in English. The
Speaker of the Legislative Assembly or Chairman of the Legislative Council may permit any member who
cannot adequately express himself in any of the languages aforesaid to address the House in his mother
tongue.
3. Language of the Union:-
Article 343 provides for the official language of the Union. It states that the official language of
the Union shall be Hindi in Devanagari script. The form of numerals to be used for the official
purposes of the Union shall be the international form of Indian numerals. Further, it provides that
for a period of 15 years from the commencement of this Constitution, the English language shall
continue to be used for all the official purposes of the Union for which it was being used
immediately before such commencement.
The President may, during the said period, authorize the use of the Hindi language in addition to
English. The Parliament may
Commission and Committee of Parliament on Official Language:- Article 344 provides for
constitution of Commission and Committee of Parliament on Official Language. It shall be the duty
of the Commission to make recommendation to the President as to the progressive use of the Hindi
language for the official purposes of the Union etc.
It shall be the duty of the Committee of Parliament on Official Language to examine the
recommendations of the Commission and to report to the President their opinion thereon.
4. Regional languages:-
Official language or languages of a State:- Article 345 states that subject to the provisions of Arts.
346 and 347, the Legislature of a State may by law, adopt anyone or more of the languages in use in
the State or Hindi as the language or languages to be used for all or any of the official purposes of
that State. Until the Legislature of the State otherwise provides by law, the English language shall
continue to be used for those official purposes.
Official language for communication between one State and another or between a State and the
Union: - Article 346 states that the language for the time being authorized 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. If two or more States agree that the Hindi language
should be the official language for communication between such States, that language may be used
for such communication.
The Official Language Act, 1963 provides that for the purpose of the communication between
Union and the non-Hindi States, English shall be used and where Hindi is used, such communication
shall be accompanied by English.
Special provision relating to language spoken by a section of the population of a State:- Article
347 states that 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.
5. Language of the Supreme Court, High Court etc.: Article 348 provides that until Parliament by
law otherwise provides all proceedings in the Supreme Court, High Court etc shall be in English
language.
It further provides that the Governor of a State may, with the previous consent of the President
authorize the use of the Hindi language, or any other language used for any official purposes of the
State, in proceedings in the High Court having its principal seat in that State.
Special procedure for enactment of certain laws relating to language:- Article 349 states that during
the period of 15 years from the commencement of this constitution, no Bill or amendment making
provisions for he language to be used for any of the purposes mentioned in Art. 348 shall be
introduced…except after the President has taken into consideration the recommendations of the
Commission on Official Language and the report of the Committee.
6. Special directives:- Article 350 states that every person shall be entitled to submit a
representation for the redress of any grievance to any officer or authority of the Union of a
State in any of the languages used in the Union or in the State as the case may be.
Article 350A of the Constitution provides for facilities for instruction in mother tongue at
primary stage.
Article 350B provides that there shall be a Special Officer for linguistic minorities to investigate
all matters relating to the safeguards provided for linguistic minorities under the Constitution and
report to the President.
Article 351 provides that it shall be the duty of the Union to promote the spread of the Hindi
language, to develop it.
A harmonious reading of Article 343, 344 and 351 would show that the ultimate goal is the
spread and development of Hindi and the gradual switch over to its use for official purposes and as a
link language.
7. Authoritative text in the Hindi language:- Article 394A provides that the President shall cause to
be published under his authority (i) the translation of this Constitution in Hindi language…(ii) the
translation in Hindi of every amendment of this Constitution.
Court directive to Delhi University to publish textbooks in Hindi:- The High Court of Delhi while
entertaining a PIL directed the Delhi University to ensure availability of Hindi textbooks to its
students pursuing different courses.
8. Eighth Schedule of the Constitution: - Initially there were 15 languages recognized under Eighth
Schedule, but presently besides English, it recognizes 22 languages in India.
12 ILD 486 (SC).
