Part V: The Union

Language to be Used in Parliament

Article 120

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(1) Notwithstanding anything in Part XVII, but subject to the provisions of article 348, business in Parliament shall be transacted in Hindi or in English: Provided that the Chairman of the Council of States or Speaker of the House of the People, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in Hindi or in English to address the House in his mother-tongue.

(2) Unless Parliament by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words “or in English” were omitted therefrom.

Explanations

Article 120 of the Constitution of India addresses the language used in parliamentary proceedings. It emphasizes the importance of linguistic accessibility while also providing flexibility in cases where members are unable to express themselves in the prescribed languages. The article functions as a bridge between India’s linguistic diversity and its need for clear communication within its legislative bodies.

Clause-by-Clause Explanation

Clause 1: Language in Parliament

Article 120(1) states that, notwithstanding the provisions of Part XVII, business in Parliament shall be conducted in either Hindi or English. However, members who are not proficient in either language can speak in their mother tongue with the permission of the Chairman or Speaker. This clause provides flexibility for members to communicate effectively in Parliament, ensuring linguistic accessibility for all members.

Clause 2: Transition to Hindi

Article 120(2) provides that after 15 years from the commencement of the Constitution (i.e., after January 26, 1965), the article would have effect as if the words "or in English" were omitted. However, this clause was subject to Parliament's discretion to extend or modify the provision by law. The political realities of India's linguistic diversity led to the continued use of English alongside Hindi, as enshrined in the Official Languages Act of 1963.

Real-Life Examples

• In the 1960s, as the expiration of the 15-year period approached, there were widespread protests, particularly in Tamil Nadu, against the imposition of Hindi as the sole language in Parliament. These protests led to the passage of amendments that allowed English to continue alongside Hindi, ensuring greater linguistic accommodation.

Historical Significance

The original intent behind Article 120 was part of the broader debate on promoting Hindi as the national language. However, the linguistic diversity of India and the concerns of states where Hindi is not the primary language led to a more inclusive policy. The Official Languages Act of 1963 and its amendments reflect the need for flexibility in a country with diverse languages, ensuring smooth legislative processes.

Legislative History

Article 120 of the Indian Constitution, initially drafted and introduced as Article 99 of the Draft Constitution, was incorporated into the Indian Constitution following deliberations on September 17, 1949.

Debates and Amendments

On September 17, 1949, Dr. B.R. Ambedkar introduced a motion to substitute Article 99, which pertained to the language to be used in Parliament.

Mr. Naziruddin Ahmad proposed amendments to include Bengali and other regional languages in the parliamentary proceedings. He argued that regional languages should be encouraged to have a role in Parliament, highlighting their importance for fostering development and contributing to the national language. However, after discussions, he acknowledged that his amendments were unlikely to be accepted and subsequently withdrew them.

Mr. Seth Govind Das supported Dr. Ambedkar’s amendment, emphasizing the significance of Hindi as the national language. He expressed hope that Hindi would take its rightful place in parliamentary proceedings post-independence.

The Constituent Assembly ultimately adopted the amended Article 99, reinforcing the use of Hindi and English in parliamentary business while accommodating members who needed to speak in their mother tongues under certain conditions.

References

• The Constitution of India - Article 120, Language to be Used in Parliament.
• The Official Languages Act, 1963.
• Constituent Assembly Debates - Discussions on Article 99 (Draft Article 99).
• Basu, D.D. "Commentary on the Constitution of India".
• Jain, M.P., "Indian Constitutional Law".