Article 349 Of The Indian Constitution

Article 349 of the Indian Constitution falls under the third chapter of Part XVII of the Indian Constitution that deals with Official Language. It lays out a special procedure for the introduction or movement of any bill or amendment related to language during the first 15 years after the adoption of the Constitution.

Article 349 of the Indian Constitution

What provision does Article 349 of the Indian Constitution define regarding the use of language in courts? Let’s understand its clause to know more.

The Clause – As it is & Explained

During the period of fifteen years from the commencement of this Constitution, no Bill or amendment making provision for the language to be used for any of the purposes mentioned in clause (1) of article 348 shall be introduced or moved in either House of Parliament without the previous sanction of the President, and the President shall not give his sanction to the introduction of any such Bill or the moving of any such amendment except after he has taken into consideration the recommendations of the Commission constituted under clause (1) of article 344 and the report of the Committee constituted under clause (4) of that article.

Article 349 of the Indian Constitution explains a special procedure for the enactment of laws related to language.

In particular, it stipulates that during the first 15 years after the adoption of the Constitution, no bill or amendment making provision for the use of language for any of the purposes mentioned in the first clause of Article 348 of the Indian Constitution can be introduced or moved in either house of Parliament without the prior approval of the President.

The language used for any of the purposes is mentioned in Clause (1) of Article 348 of the Indian Constitution which emphasizes that any legal texts that are being used to govern the nation, should be in the English language which is considered an official language and is well understood by all. The clause also mentions that this can be changed by the laws passed by the Parliament which makes the procedure flexible.

The President is responsible for giving the final approval for such bill or amendment, but before doing so, the President must take into consideration the recommendations of the Commission and the report of the Committee established under Article 344 of the Indian Constitution, in its clause 1 and 4 respectively.

The Commission referred to here is the Official Language Commission which is responsible for recommending measures for the progressive use of the Hindi language for official purposes. The Committee is the Official Language Committee which is responsible for examining the reports of the Official Language Commission and making recommendations to the President.

Conclusion

In conclusion, Article 349 of the Indian Constitution establishes a 15-year period during which the use of language for any of the purposes mentioned in clause (1) of Article 348 cannot be changed without the prior approval of the President. This approval can only be granted after the President has taken into consideration the recommendations of the Commission and the report of the Committee established under clauses (1) and (4) of Article 344 respectively.

This provision serves as a safeguard to ensure that the use of language for various purposes is determined through a thorough and consultative process, rather than through hasty or arbitrary decision-making. It is an important provision that reinforces the principle of linguistic diversity and inclusivity in India and ensures that the rights of linguistic minorities are protected.

FAQs Related To Article 349 of the Indian Constitution