Part VI: The State Legislature

Language to be used in the State Legislature

Article 210: Language Provisions

Overview of Article 210: Language to be used in the State Legislature

--- Original Article ---

(1) Notwithstanding anything in Part XVII, but subject to the provisions of article 348, business in the Legislature of a State shall be transacted in the official language or languages of the State or in Hindi or in English:

Provided that the Speaker of the Legislative Assembly or Chairman of the Legislative Council, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in any of the languages aforesaid to address the House in his mother-tongue.

(2) Unless the Legislature of the State 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 210 is a vital provision addressing the language used in State Legislature proceedings, balancing linguistic representation with practical inclusivity. It mandates that legislative business can be conducted in the official language(s) of the State, Hindi, or English, while also allowing members who may struggle to express themselves in these languages to use their mother tongue, ensuring effective participation.

Clause-by-Clause Breakdown

Clause (1): Primary Language Use with Flexibility

This clause specifies that legislative business should be conducted in the official language(s) of the State, Hindi, or English. However, it provides flexibility by allowing members to address the House in their mother tongue if they face difficulties, ensuring broader representation and accessibility.

Clause (2): Phasing Out English Use

Initially, Clause (2) aimed for English to be phased out from State Legislature business fifteen years after the Constitution's commencement. However, this timeline has been extended in certain states to allow for a smoother transition to the local language, reflecting practical considerations unique to each region.

Real-Life Examples

  • In Kerala, Malayalam is the primary language in the Legislative Assembly. However, legislators are allowed to communicate in English or Hindi if they prefer, and on occasion, members have used their mother tongue with permission from the Speaker.
  • In Maharashtra, English and Marathi are widely used in the State Legislature, allowing members to choose the language they are most comfortable with, in line with Article 210’s provisions.

Historical Context

Article 210 reflects India's multilingual heritage and acknowledges the importance of language in legislative representation. It was crafted to ensure linguistic inclusivity while allowing for a gradual transition from English to regional languages. The amendments in certain States to extend the English language timeline illustrate the practical challenges in implementing a complete transition, respecting the diverse linguistic landscape across India.

Debates and Amendments

During the Constituent Assembly debates on Draft Article 184 (now Article 210), members discussed the language policy for State Legislatures, focusing on balancing linguistic representation and national unity. This article was significant as it allowed State Legislatures the flexibility to conduct proceedings in their official language(s), Hindi, or English.

Proposed Amendments and Positions

Mr. Naziruddin Ahmad proposed an amendment to include specific regional languages such as Bengali explicitly in Article 210. He argued that including these languages would strengthen inclusivity and better represent the linguistic diversity of India. Ahmad emphasized that regional languages should have an official role within State Legislatures, aligning with India’s multicultural character.

Seth Govind Das supported a national language focus, advocating for the use of Hindi in legislative proceedings. He recalled his 1927 resolution in the Council of State, which urged the use of Hindi and Urdu in addition to English. Das argued that Hindi would improve public understanding and engagement, fostering a stronger sense of national identity post-independence.

Response from Dr. B. R. Ambedkar

Dr. B. R. Ambedkar, Chairman of the Drafting Committee, acknowledged the importance of language inclusivity but opposed adding specific regional languages to the article. He emphasized that the article’s general language allowed for greater flexibility, enabling each State Legislature to use its official language(s) without the need for additional amendments. Ambedkar’s stance reflected a preference for a broad framework that could accommodate linguistic diversity without limiting options to specific languages.

Final Decision

The Constituent Assembly ultimately adopted Article 210 with its original language, allowing legislative proceedings in the official language(s) of the State, Hindi, or English. Specific amendments, such as those by Mr. Naziruddin Ahmad, were withdrawn in favor of this flexible approach. The decision underscored the Assembly’s commitment to inclusivity while maintaining a practical framework that could be adapted to the linguistic needs of each State.

References

  • The Constitution of India - Article 210.
  • Constituent Assembly Debates - Discussions on Draft Article 184.
Article 209 Article 211