CONSTITUENT ASSEMBLY OF INDIA - VOLUME IX


Wednesday, the 14th September, 1949

Mr. President: About numbering the clauses ?

Shri Mahavir Tyagi : Yes, Sir. I would like........

Mr. President : That I think will be taken care of by the Drafting Committee.

Shri Mahavir Tyagi : Sir, there is not to be much discussion and I do not want to speak also. I only want to submit that in the clause as it originally stood there was the word "and", between these two sentences, and the only change now proposed is that the word "and" be removed and a full-stop be put in after the word "Devanagari script", and the paragraph has been split into two. I submit that the first sentence be lettered (a) and the second (b).

Mr. President : As it is placed before me, there are two separate paragraphs.

Mr. Mohamed Ismail: Mr. President, Sir, since the debate has been re-opened and the closure has been nullified, I think I can refer to the amendments which I have already tabled and are before the House.An Honourable Member : Other amendments?

Mr. Mohamed Ismail: No, the amendments of which I have already given notice of; because the closure has been nullified and the debate has been reopened, I think I have got the right to speak on the amendments.

Mr. President: Fundamentally he is right.

Mr. Mohamed Ismail : Sir, in doing that, first I have to say that I oppose the amendments that have been placed before the House just now by Mr. K. M. Munshi. The amendments which I have given notice of, in effect, ask for the acceptance by the House of Hindustani with Devanagari and Urdu scripts as the' official language of the Union, and the international form of Indian numerals as the numerals to be used for purposes of the Union. And one of my amendments also proposes that the English language which shall be continued for fifteen years in use for the purposes of the Union shall, even after the period of fifteen years, be so continued until Parliament decides, otherwise by a majority of the total membership of each of the Houses of Parliament. That in effect is my amendment.

Mr. President : Number ?

Mr. Mohamed Ismail : Sir, yesterday the Honourable Prime Minister in his noteworthy speech made three points amongst others. Firstly, he quoted the views and the authority of Mahatma Gandhi over this subject. Secondly, he said that we should not go back and look back too much, lest we should be retarded in our forward progress. Thirdly, he wanted us to realise that the world is becoming smaller and smaller now, and in that context we must realise how the world is pressing upon us from hour to hour. If we bear in mind the principles implied in these points, I think, the subject before us is very easy of solution.

It is agreed that the official language of the Union shall be an Indian language. It is also agreed that that language must be one that is spoken by the largest number of the people of the Union.

It is further agreed that that language must be such in nature as to be able to assimilate the modem tendencies and modern conditions in our national life. With regard to these points I do not think there is any disagreement. But what exactly is the language which satisfies all these conditions is a matter of discussion and controversy. On this matter I cannot do better than quote the authority of Mahatma Gandhi. In an article which was published on August 10, 1947, Mahatma Gandhi says :

"In Delhi I daily come in contact with Hindus and Muslims, The number of Hindus is larger. Most of them speak a language which has very few Sanskrit words and not many more Persian or Arabic. They or the vast majority do not know the Devanagari script. They write to me in indifferent English and when I take them to task for writing in a foreign language, they write in Urdu script. If the lingua franca is to be'Hindi and the script only Devanagari, what will be the plight of these Hindus ?"

That is the question Mahatma Gandhi asked, not very many years ago but as late as August 1947. It may be said that he refers here only to Delhi and

the surrounding parts. But in the same article later on he says-I am reproducing his exact words :

"The millions of villagers of India have nothing to do with books. They speak Hindustani which the Muslims write in Urdu script and the Hindus in the Urdu script or in the Nagari script. Therefore the duty of people like you and me is to learn both the scripts."

That, Sir, is the view of Mahatma Gandhi. Here lie makes it very clear that the language that is spoken by the largest number of people is Hindustani and the script used for that language, according to him, is Urdu and Devanagari,Therefore I and certain of my friends appeal to this House to adopt Urdu as well as Devanagari as the script of the official language, of the Union.

This language, Hindustani, is not a foreign language as you all know. It is an indigenous language. It was born and bred up in this country. A further advantage with regard to this language is that it was born under modem conditions and it has developed itself under and has been adapting itself to modern conditions. So I say it is the most suitable language for expressing modern ideas, sentiments and requirements. As I have already pointed out, it is this Hindustani, which is really the language that is being spoken by the largest number of people of this country.

With regard to the question of going back too much to the past, I have to say that if we want to go back we must be logical about it. Why do we want to go to the past ? Because some friends of ours want to have an ancient language not only an Indian language but an ancient language of the country-to be the official language of the Union. If it were granted then I make bold to say that Tamil, or to put it generally, the Dravidian languages are the earliest among the languages that are spoken on the soil of this country. No historian or archaeologist will contradict me when I say that it is the Dravidian language that was spoken first here on the soil of this country, and that is the earliest language. Tamil language has got a rich literature of a high order. It is the most ancient language. It is, I may say, my mother-tongue. I love it, and I am proud of that language. However, I am, and so also the other Tamilians are, sensible enough not to insist that this undoubtedly most ancient language of the country should become the official language of the country, because we know that it is not spoken by as large a number of people as some other language; if we go to the past, as I said, it is this language that must become the official language of the country, but the speakers of that language do not put forward that claim.

We are of course bound to our past. We cannot get away from it, as even Tandonji explained. But what I say is if we are to be bound by the chain of the past, that chain must not be static, must not be rigid : it must be elastic. We must not try to be all roots and only roots. We must try to become branches with ever fresh foliage, fruits and flowers. Therefore we must also take into consideration tile modern conditions.

Shri Ramnath Goenks (Madras: General): Sir, I have already moved for closure, and I can move for closure in respect of the speech of the honourable Member also.

Mr. President: I will allow the honourable Member to finish it.

Mr. Mohamed Ismail: Sir, I quite realise that if closure is moved and accepted I cannot say anything here. But as it is not done and as the debate is on. I think I am within my rights.

Shri Ramnath Goenka : He is repeating the arguments.

Mr. President: The honourable Member may finish his speech.

Mr. Mohamed Ismail: Sir, with regard to numerals I would like to say a few words. I am insisting upon the international form of numerals because many languages of the country have adopted these numerals. It was asked whether this question of numerals was before the country as long as the question of the official language was. I ask the question whether people do not know that this question of numerals is thoroughly different from the question of official

language. Now English is the official language of the Union. This has not permeated the masses. But the case is different with the numerals. The masses are making use of these so-called "English" numerals, which are really Indian numerals, in their everyday life. I have seen cart-main, manual labourers making use of thesenumerals. Now millions upon millions of the masses are already making use of these numerals. Therefore when my friends insisted that these numerals must be made a permanent feature of the official language of the Union, they were only echoing the sentiments of the people. They were only representing what is already there in existence in the country.

If we make any change in the form of the numerals, it will create a lot of confusion in addition to expense and waste of energy. As has been frequently pointed out, these are after all our own numerals. So I still appeal to the House that these numerals must be made a permanent feature of the official language and that it should not be changed into anything else after any number of years.

In brief, my proposal is that Hindustani with Urdu and Devanagari scripts must be accepted as the official language of the Union and the international form of Indian numerals must be made a permanent feature of that official language.

The Honourable Shri Satyanarayan Sinha (Bihar: General): Sir, the question be now put.

Maulana Hasrat Mohani: Sir, I request you to give me a chance.

Mr. President: Closure has been moved. Mr. Naziruddin Ahmad : Sir, I submit I have some serious thing to point out in amendment No. 4.

Maulana Hasrat Mohani: Sir, I request you........

Mr. President : Closure has been moved and I cannot allow you to speak. I think you had promised not to speak at a previous stage.

Mr. Naziruddin Ahmad: Sir, acceptance of the closure is entirely in the hands of the President. I want to submit a few words regarding amendment No. 4.

Mr. President : You want to oppose the amendment ?

Mr. Naziruddin Ahmad : Yes, Sir. Acceptance of the closure depends on this, that the President is satisfied that there has been sufficient debate,

Honourable Members Closure, closure.

Mr. President: I have to put the closure to vote. I think the House is not in a mood to have further discussion.

Mr. Naziruddin Ahmad: Is it your ruling that closure should be accepted?

Mr. President: I have to put it to the House.

Mr. Naziruddin Ahmad: No, Sir, it is not necessary. I submit you are not bound to put it to the House.

Mr. President : I do not say I am bound to, but I propose to put it to the House.

Mr. Naziruddin Ahmad: I wanted to say a few words. There are serious flaws in this amendment.

Honourable Members : No, no. Order, order.

Mr. President: The question is:

"That the question be put".

The motion was adopted.

Mr. President: Mr. Ayyangar, do you wish to say anything in reply to the whole debate ?

The Honourable Shri N. Gopalaswami Ayyangar: Sir, we are in a happy mood just at this moment and I do not want to mar this happy mood by anything like a long speech from me. I have formally, as mover of the major amendment, to accept the amendments to that amendment which have been moved by my honourable Friend Mr. Munshi. I accept them in toto.

I wish to add only one thing which I believe I committed myself to certain friends who moved certain amendments yesterday, particularly the amendment which was supported by a most well-reasoned speech from Mr. S. V. Krishnamoorthy Rao. He suggested that on account of the fluid condition of the Hindi language, particularly in respect of political, constitutional, scientific, technology cal and other terms, it is desirable that an academy or a commission should be established as soon as the new Constitution comes into force so that it may make a review of the use of this language in different parts of the country and standardise words and expressions. I think, Sir, it is a most helpful suggestion in the present conditions of the country. He moved an amendment to that effect, but I do not

think that it is necessary to add to the draft I have placed before you for carrying out his ideas. We have an article in that particular Part which directs the State to take steps for promoting the development of the Hindi language, to take all steps that may be necessary for enriching it, for enabling it to draw upon Hindustani and other languages in the country for styles, forms of expression and so on and for enriching its vocabulary by borrowing in the first instance from Sanskrit and secondarily from all other languages in the world. That is a comprehensive directive which we have put into this Part XIV-A and I am sure that whatever Government may be in power after this Constitution comes into force, will take steps necessary for promoting this particular object and in doing so the suggestion of Mr. Krishnamoorthy Rao will, I have no doubt, be implemented.

Mr. President: I have now to put the amendments to vote. We have got such a large number of amendments. I will go on calling the No. of the amendment and Members who desire to withdraw will say so and I will take it that the House gives them leave to withdraw them.

The Honourable Shri Ghanshyam Singh Gupta : Sir, may I suggest something ? If any Member particularly wants that his amendment be Put to vote lie may point it out. Otherwise, if you go on taking every amendment that will take a lot of time. I suppose we have made up our mind that only certain amendments should be accepted, so we can save a lot of time if you are pleased to ask only those honourable Members Who want that their amendment should be voted upon.

Mr. President : Is that the wish of the House ?

Honourable Members: Yes.

Mr. President: Then I would ask the, Members to indicate to me the amendments they wish to be put to vote.

Mr. Naziruddin Ahmad : Sir, I would like my amendment to be put.

Mr. President : What is the number of it ?

Mr. Naziruddin Ahmad: No. 277.

Mr. Z. H. Lari (United Provinces: Muslim) what is the procedure?Mr. President: It has been suggested to me that instead of my formally putting each amendment to vote, the Member who moved it having to withdraw it and asking the House leave to withdraw it, I should put only those amendments which Members who have sponsored them wish to put to vote.

Mr. Z. H. Lari : There would be confusion. The proper course is that those Members who want to withdraw their amendments can withdraw them first.

Mahboob Ali Baig Sahib Bahadur (Madras: Muslim): When an amendment has been moved, the Member who has moved it should stand up and say that he withdraws it and the House must accept that withdrawal. That is the procedure laid down in our rules.

Shri Alladi Krishnaswami Ayyar (Madras : General): There is no necessity for every Member to get up and say that the withdraws the amendment. Those amendments which the movers do not want to press may be automatically taken as withdrawn. There is nothing in the rules to prevent such a procedure.

The Honourable Shri Purushottam Das Tandon : I just want to know what your decision in regard to this matter is.

The Honourable Dr. B. R. Ambedkar: Those Members who have moved amendments and do not want them to be put to vote may be taken to have given you the authority that they do not want to press them.

Mr. President: About this matter I have a suggestion to make. I have got a list of names of all the Members who have got amendments to their credit. I will call out the name of each Member and if he wishes any particular amendments to be put to vote I will put them. I think that will solve the problem. With regard to the rest I shall take it that Members withdraw their amendments and the House gives them the leave to withdraw the amendments.

The following Members asked for leave to withdraw the amendments against their names :-

Seth Govind Das

The Honourable Pandit Ravi Shankar Shukla

Shri Algu Rai Shastri

Shri Lakshmi Kanta Maitra

Shri H. V. Kamath

Maulana Hasrat Mohani

Shri L. Krishnaswami Bharathi

Shri H. R. Guruv Reddy

Shri Arun Chandra

Guha

Mr. Mahboob Ali Baig

Dr. P. Subbarayan

Shri S. Nagappa.

The Amendments were, by leave of the Assembly, withdrawn.

Mr. President: The question is

"That in amendment No. 65 above, for the proposed new Part XIV-A, the following be substituted :-

"PART XIV-A

CHAPTER I-LANGUAGE OF THE UNION

301A. (1) The State language of the Union shall he Hindi in Devanagari script. (2)Notwithstanding anything contained in clause (1) of this article,the English language may Continue Lo be used for official purposes of the Union during the period of transition which shall no( exceed 5 years, provided that the State language will be progressively utilised until it replaces English completely it the end of the transitional period of five years.

301-B. (1) Within three months of the commencement of this Constitution, there shall be constituted a committee consisting of thirty members, of whom twenty shall be members of the Council of States chosen respectively by the members of the House of the People and the members of the Council of States in accordance with the system of proportional representation by means of the single transferable vote.

(2)It shall be the duty of the Committee to make recommendations to the President as to the ways and means which should be adopted as to the progressive use of the Hindi language for all the official purposes of the Union and the replacement of the English language by the Hindi language at the end of the transitional period of five Years.

(3)The Committee shall submit its report within a period of six months from the date of its appointment.

(4)Within a period of three months from the date of submission of its report by the Committee, the President shall cause every recommendation made by the Committee together with an explanatory memorandum as to the action taken or to be taken thereon to be laid before each House of Parliament.

(5)(a) When any member of the House of the People or the Council of States cannot adequately express himself in the language in use for the time being in the House of the People or in the Council of States, the Speaker of the House of the People or the Chairman of the Council of States may permit him to address the House in his mother tongue.

(b)The Chairman of the Council of States or the Speaker of the House of the People may, whenever he thinks fit, make arrangements for making available in the Council of States or the House of the People as the case may be a summary in Hindi and in the language in use in the House for the time being of the speech delivered by a member in any other language and such summary shall be included in the record of the proceedings of the House in which the speech has been delivered. CHAPTER II-REGIONAL LANGUAGES 301-C. (1) A State may by law adopt Hindi or the language or languages in sue in the State as the language or languages to be used for all or any of the official purposes of that State.

(2)(a) When any member of a State Legislature cannot adequately express himself in the language in use for the time being in either House of the State Legislature, the Chairman of the Legislative Council or the Speaker of the Legislative Assembly may permit him to address the House in his mother tongue.

(b)The Chairman of the Legislative Council or the Speaker of the Legislative Assembly may, whenever he thinks fit, make arrangements for making available, in the Legislative Council or the Legislative Assembly as the case may be, a summary in Hindi or in the language in rise in either House for the time being of the speech delivered by a member in any other language, and such summary shall be included in the record of the proceedings of the House in which the speech has been delivered.

301-D. (1) (a) The language for the time being authorised for use in the Union for official purposes shall be the official language for communication between a State and the Union;

(b)If the language authorised for use in the Union is also the official language of any state the official language of the Union shall be the

official language for communication between that State and another State :

Provided that if two or more States agree that the Hindi language shall be the official language for communication between such States, that language may be used for such communication. (2) The authoritative texts-

(i) of all Bills to be introduced or amendments thereto to be moved in the House or either House of the Legislature of a State,

(ii) of all Acts passed by the Legislature of a State and of all Ordinances promulgated by a Governor or a Ruller, as the case may be, (iii) of all orders, rules, regulations and by laws issued under this Constitution or under any low made by tire Legislature of a State,

shall be in the official language of the State :

Provided that if the State official language is not Hindi, they shall be accompanied by an authoritative text in Hindi

Provided also that during the transition period of five years from the commencement of the Constitution, if the State official language is not English, they shall also be accompanied by an authoritative text in English.

301-E. Where on a demand being made in that behalf the President is satisfied that a substantial proportion of the population of a State, but not less than 20 per cent. desires the use of any language spoken by them to be recognised by that State, he may direct that such language shall be recognised throughout that State or any part thereof for such purpose as he may specify.

CHAPTER III.-DIRECTIVE PRINCIPLE

301-G. Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be.

301-H. It shall be the duty of the Union to promote the spread of Hindi and to develop the language so as to serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating the forms, style and expressions used in the other languages of India, and drawing wherever necessary or desirable for its vocabulary primarily on Sanskrit.

301-I. It shall be duty of the Union to promise the use of the Devanagari script throughout the territory of India.

301-J. It shall also be the duty of the Union to promote the study of Sanskrit throughout the territory of India as it is the source of most of the other languages in India'."

The amendments were negatived.

Mr. President : The question is

"That in amendment No. 65 above, in clause ( 1) of the proposed new article 301A, for the word 'Hindi' the word 'Hindustani' be substituted,"

The Assembly divided (by show of hands). Ayes: 14

Noes: The rest, a large majority.

The amendment was negatived.

Mr. Mohammad Tahir (Bihar: Muslim) : I beg leave to withdraw my amendment No. 81.

The amendment was, by leave of the Assembly, withdrawn.

Mr. President: The question is :

"That in amendment No. 65 above, in clause (1) of the proposed new article 301A, after the word 'Devanagari' the words 'and Urdu' be inserted."

The Assembly divided (by show of hands). Ayes: 12

Noes: The rest, a large majority.

The amendments were negatived.

Mr. President: Mr. Yudhisthir Misra is not in his place. Shri Phool Singh withdraws his amendment. Messrs. V. I. Muniswami Pillai, Shankarrao Deo and Shri R. V. Dhulekar withdraw their amendments.Shri Ramalingam Chettiyar's amendment is the next one on Paper.

Shri T. A. Ramalingam Chettiyar (Madras: (General): My amendment No. 105 may be put to vote.

Mr. President : The question is:

"That in amendment No. 65 above for the proposed new article 301B, the following be substituted : -

'301B. The President shall, after the expiration of 15 years from the commencement of this Constitution, lay down the method by which the substitution of English by Hindi should be carried out."'

The amendment was negatived.

Shri T. A. Ramalingam Chettiyar : Votes may be taken, Sir.

The Assembly divided (by *bow of hands).

Ayes: 6

Noes: The rest,

a large majority. The amendment was negatived. The alternative amendment was, by leave of the Assembly, withdrawn.

Shri Satis Chandra Samanta (West Bengal: General) : I beg leave to withdraw my amendment.

The amendment was, by leave of the Assembly, withdrawn.

Mahboob Ali Baig: What about my amendment No. 98 ?

Mr. President: I called the name of the honourable Member and at that time be did not ask me to, put his amendment to vote. If be now wishes me to put it to vote I will do so. question is :

"'That in amendment No. 65 above, the proviso to clause (2) of proposed new article 301A be deleted,"

The amendment was negatived.

The following Members asked for leave to withdraw the amendments standing against their names :-

Shri Ram Sahay,

Shri Mahavir Tyagi

Shri S. V. Krishnamoorthy Rao,

Shrimati Purnima Banerji,

Shri Krishna Chandra Sharma,

Shri Yudhisthir Misra.

The amendments were, by leave of the Assembly, withdrawn.

Dr. P. S. Deshmukh: I withdraw my amendments. But I hope that the Drafting Committee will look into them. My drafts are better than theirs.

Mr. President : You may hand them over to the Drafting Committee.

The amendments of Dr. P. S. Deshmukh and Shri Jaspat Roy Kapoor were, by leave of the Assembly, withdrawn.

Mr. Z. B. Lari: I press my amendments Nos. 258 and 310.Mr. President: The question is:

"That in amendment No. 65 of Fourth List, after the existing proviso to the proposed new article 301-D, the following be added :-

'Provided further that if any Indian language specified in the Schedule was used as official language in any State on 15th August 1947-the day of India's Independence-such language shall also be recognised as official language of the State for 15 years from the date of the commencement of the Constitution and thereafter if so directed by the President'."

The amendment was negatived. Mr. President : I shall now put the next of amendment of Mr. Lari to vote.

The question is :

"That in amendment No. 65 of Fourth List, at the end of the proposed new article 301H, the following clause be added :-

'Notwithstanding anything contained in the foregoing provisions of this Part, primary education shall be imparted through the mother tongue of a child where thirty students in a school or eight students in a class make such a demand."'

The amendment was negatived.

Shri Basanta Kumar Das and Shri B. Siddaveerappa asked for leave to withdraw their amendments.

The amendments were, by leave of the Assembly, withdrawn.

Mr. President: Mr. Jaipal Singh. I think the Member is not in the House.

Shri Mahavir Tyagi: Sir, his amendment may be put to vote.

Mr. President: Mr. Lakra, what do you say ?

Mr. Boniface Lakra (Bihar: General): I withdraw.

The amendment was, by leave of the Assembly, withdrawn.

Mr. President: Mr. Naziruddin Ahmad.

Mr. Naziruddin Ahmad: I withdraw all my amendments except two, 277 and 282.

All the amendments of Mr. Naziruddin Ahmad except 277 and 282 were, by leave of the Assembly, withdrawn.

Mr. President: The question is:

"That in amendment No. 65 of Fourth List, for the proposed new Part XIV-A, 'the following be substituted :-

"PART XIV-A

CHAPTER I.

LANGUAGE OF THE UNION

301 'A. The English language shall continue to be used for all the purposes of the Union for which it was being used at the commencement of the Constitution for fifteen Years in the first instance and then for such further period, if any, till an All-India language is evolved which is of sufficient vigour, richness and flexibility to serve the multifarious purposes and functions of the Union and ascertained and adopted in the manner hereinafter laid down in this part.

301-B. As a first step to facilitate the evolution and ultimate adoption of a Union Language referred to in the last preceding article, and to provide for and safeguard the continuance and growth of the regional languages referred to in article of this Constitution, parliament may, within ten years from the commencement of this

Constitution, by law-

(a) under article 3 of this Constitution regroup and reconstitute, as far as practicable, all the States described in the First Schedule on linguistic bases according to the principal languages described in Schedule VII-A, and (b) introduce a system of mass literacy among the citizens of India.

301C. If within the period of ten years from the commencement of this Constitution. or as soon as practicable thereafter, the President is satisfied that the States have been reconstituted it, the manner laid down in clause (a) of the last preceding article and a minimum of sixty per cent of the adult and adolescent citizens of India have received primary education as laid down in clause (b) thereof, he shall require the Parliament and the Legislatures of the States to express their views on the question of the selection of the Union language or languages and the respective regional languages.

301-D. The President shall consider the views of the Parliament and the Legislatures of the States and may as soon as practicable, appoint a Language Commission representing the various languages enumerated in Schedule VII-A and also other languages and experts to investigate and report on the suitability of any one or more language or languages to be adopted as the Union language and one or more language or languages for the various States, regard being had to political, literary, official, legal, commercial, medical, technical, scientific, military international and other needs of India as a whole and of the States.

301-E. The President shall consider the report of the Commission and if he is satisfied that it is thorough and adequate, he shall direct the report to be placed before the Houses of Parliament and the Houses of the Legislatures of the States for expression of their opinions on the suitability or otherwise or any one or more of the Indian languages to be the official language of India as also the regional language or languages of the various States.

301-F. The President on a consideration of the opinions of the Legislatures and other documents and materials available, shall appoint a Committee consisting of thirty members of the House of the People and ten members elected by the Council of States on the principle of proportional representation by means of the single transferable vote to report as to the suitability of any one or more language or languages of the Union and of the various States.

301-G. The President shall consider the report of the Committee and may by notification in the official Gazette direct that one or more languages shall be official language of the Union with effect from such date as may be specially appointed in this behalf in the notification.

301-H. Notwithstanding anything contained in the foregoing provisions of this Part, Parliament may by law provide for the use of the English language after the date mentioned in the last preceding article for such purposes as may be specified in such law,

CHAPTER II.-REGIONAL LANGUAGE

301-I.Subject to the provisions of the next succeeding article, a State may, after consideration of the report of the Language Commission referred to in article 301-D of this Constitution and of the report of the Committee referred to in article 301-F of this Constitution, by law adopt any one or more of the languages in use in the State as the language or languages to be used for all or any of the official purposes of that State : Provided that until the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used at the commencement of this Constitution.

301-J. Where on a demand being made in that behalf, the President is satisfied that a substantial proportion of the population of a State or any substantial part thereof desires the use of any language spoken by them to be recognised by that State, he may direct that such language shall also be officially recognised throughout that State or any Part thereof for such

purpose or purposes as he may specify.

CHAPTER III.-LANGUAGE OF THE SUPREME COURT AND THE HIGH COURTS, ETC.

301-K. Notwithstanding anything contained in the foregoing provisions of this Part, until Parliament by law otherwise provides- (a) all proceedings in the Supreme Court and in every High Court,

(b) the authoritative texts-

(i) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State.

(ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinance promulgated by the President or the Governor or Ruler, as the case may be,

(iii) of all orders, rules, regulations and bye-laws issued under this Constitution or under any law made by Parliament or the Legislature of a State,shall be in the English language.

301-L. Notwithstanding anything contained in the foregoing provisions of this Part, until Parliament by law otherwise provides, the proceedings in all courts subordinate. to the High Courts shall, subject to the directions of the Supreme Court, be in English or such other language or languages as may be prescribed by the High Court to which such court is subordinate.

301-M. Until the date mentioned in the notification referred to in article 301-G of this Constitution, no Bill or amendment making provision for the language to be used for any of the purposes mentioned in article 301-K of this Constitution 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 recommendation of the Commission constituted under article 301-D of this Constitution and the report of the Committee referred to in article 301-F of this Constitution.

301-N. It shall be the duty of the Union to promote the spread of the official language or languages of tile Union and to develop the language or languages so as to serve as a medium or media of expression for all elements of the composite culture of India and to secure its or their enrichment by assimilating the forms, style and expressions used in the other languages of India, and drawing wherever necessary or desirable for its vocabulary on Sanskrit and other languages."

#"SCHEDULE VII-A

1. Assamese

2. Bengali

3. Canarese

4. Gujrati

5. Hindi

6. Hindustani

7. Kashmiri

B. Malayalam

9. Marathi

10. Oriya

11. Punjabi

12. Rajasthani

13. Telugu

14. Urdu."

The amendment was negatived.

Mr. President: The question is "That in amendment No. 65 of Fourth List. in clause (1) of the 'Proposed new article 301A, for the words 'Hindi in Devanagari script' the word 'Bengali' be substituted."

The amendment was negatived. The following Members requested leave of the House to withdraw the amendments standing in their names:--

Shri Har Govind Pant

Shri Prabhu Dayal Himatsingka

Shri B. M. Gupte

Acharya Jugal Kishore Shri Sures Chandra Majumdar

Dr. Raghu Vira

Shri Gokulbhai Daulatram Bhatt

Master Nand Lal

Shri B. P. Jhunjhunwala

The amendments were, by leave, of the Assembly, withdrawn.Mr. President : Shri Brajeshwar Prasad-

Shri Brajeshwar Prasad: I press 322, Sir. I want that the last proviso to clause.' (2) be deleted. The words are redundant.

Mr. President: I can only put the whole amendment to the, vote.

The question, is :

"That in amendment No. 65 of Fourth List, for the proposed new article 301A, the following be substituted :-

'301A. (1) The official language of the Union shall be Hindi In Devanagari script and the form of numerals to be used for the official purposes of the Union shall be the Devanagari form of numerals.

(2) Notwithstanding anything contained in clause (1) of this article, for a period of five years from the commencement of this Constitution, the English language and the international form of Indian numerals shall continue to be used for

all the official purposes of the Union, for which they were being used at such commencement :

Provided that the President may, during the said period, by order authorise for any of the official purposes of the Union the use of the Hindi language and the Devanagari form of numerals in addition to the English language and the inter-. national form of Indian numerals in addition to the Devanagari form of numerals.

(3) Notwithstanding anything contained in this article, the President may by order authorise the use of the English language and the international form of Indian numerals after the said period of five years for such purposes as may be specified in such order." The amendment was negatived.

Mr. President: Sardar Hukam Singh.

Sardar Hukam Singh: I want amendment No. 330 put to the vote.

Mr. President: The question is :

"That in amendment No. 65 of Fourth List, for the proposed new article 301C, the following be substituted :-

'301C. Subject to the provisions of articles 301D and 301E, a State shall by law adopt the language spoken, according to the last census figures available for the purpose by majority of the population, is the language to be used for all official purpose; of that State :

Provided that until the Legislature of the State otherwise provides by law the English language, shall continue to be used for those official purposes within that State for which it was being used at the commencement of this Constitution.'

The amendment was negatived.

The amendments of Dr. Monomohan Das were, by leave of the Assembly, withdrawn.

Mr. President: Shri Purushottam Das Tandon.

The Honourable Shri Purushottam Das Tandon: Which amendment are you referring to, Sir ?

Mr. President: No. 333.

The Honourable Shri Purushottam Das Tandon : I want it to be voted upon I am not withdrawing it.Mr. President: The question is :

"That in amendment No. 65 of Fourth List, for the proposed new article 301A, the following be substituted :-

'301A. Official language of the Union. (1) (a) The official language of the Union shall be Hindi in Devanagari script.

(b) Notwithstanding anything contained in sub- clause (a) of this clause both Devanagari and international forms of Indian numerals shall be recognised for Devanagari script. (c) The President may authorise the use of Devanagari form of numerals or the international form of numerals or both the forms for any one or more purposes of the Union. (d) Notwithstanding anything contained in the foregoing provisions of this clause, Parliament shall after the expiration of a period of 15 years from the commencement of this Constitution by law prescribe the use of Devanagari numerals or the international form of numerals or both for any one or more specified purposes of the Union.

(2) Notwithstanding anything contained in clause (1) of this article, for a period of fifteen 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 at such commencement :

Provided that the President may, during the said period by order authorise for any of the official purposes of the Union other than accounting, auditing and banking the use of the Hindi language in addition to the English language.

(3) Notwithstanding anything contained in this article, Parliament may by law provide for the use of the English language after the said period of fifteen years for such purposes as may be specified in such law." The amendment was negatived.

Mr. President: Then amendment No. 345.

The Honourable Shri Purushottam Das Tandon: That also may be voted upon. I do not withdraw it.

Mr. President: The question is

"That in amendment No. 65 of Fourth List, in the proposed new article 301B,-

(i) in clause (1), for the word "at", in the two places where it occurs, the word "before" be substituted;

(ii) in clause (2), sub-clause (d) be deleted;

(iii) in clause (5), after the word "thereon" the words "making such recommendations as they think

fit" be added; and

(iv) in clause (6). after the word "report", where it occurs for the second time, the words "which shall come into effect after the expiry of five Years from the commencement of the Constitution" be added."

The amendment was negatived.

Mr. President: Amendment No. 346.

The Honourable Shri Purushottam Das Tandon That I withdraw, Sir.

Mr. President: Amendment No. 348.

Honourable Shri Purushottam Das Tandon That also I withdraw.

The amendment were, by leave of the Assembly, withdrawn.

Mr. President: Amendment No. 349.

The Honourable Shri Purushottam Das Tandon: That may be voted upon.

Mr. President : The question is :

"That in amendment No. 65 of Fourth List, for the proposed new article 301F, the following be substituted :-

'301F. Notwithstanding anything contained in the foregoing provisions of this Part, until Parliament by law otherwise provides- "

The Honourable Shri Purushottam Das Tandon: May I interrupt: I am very sorry; I withdraw this.

The amendment was, by leave of the Assembly, withdrawn.

Mr. President: Mr. Frank Anthony.

Mr. Frank Anthony (C.P. & Berar : General): I beg leave of the House to withdraw my amendment.

The amendment was, by leave of the Assembly, withdrawn.

Mr. President: I think I have covered all the amendments. If there is any Member whose amendment I have left out, he may tell me now.

Shri Mahavir Tyagi: Mr. Munshi's amendments.

Mr. President: That I am coming to. I am thinking of the other amendments.

Mr. Mohd. Tahir: Amendment No. 175, Sir.

Mr. President: 'The question is :

"That in amendment No. 65 above, in the proposed new article 301H, for the words ,.used in the Union or in the State, as the case may be' the following be substituted

'specified in Schedule VII-A'."

The amendment was negatived. Mr. Mohamed Ismail Sahib: My amendments Nos. 336, 341, 342 and 344.

Shri T. T. Krishnamachari (Madras: General): They have been covered by the other amendments.

Mr. President: I think amendment 336 is covered by an amendment which has been lost. The next amendment 341.

Mr. Mohamed Ismail Sahib: I withdraw it, Sir.

Mr. President: Amendment No. 342.

Shri T. T. Krishnamachari: That is covered, Sir.

Mr. President: That is covered. Amendment No. 344.

Mr. Mohamed Ismail Sahib: I withdraw it also, Sir.

The amendments were, by leave of the Assembly, withdrawn.

Mr. President: I think these are all the amendments. If I have left out any, the Member who has given notice of the amendments may point out otherwise they may be taken as withdrawn by leave of the Assembly.

I shall now put the amendments moved by Mr. Munshi. But, there is an amendment by Mr. Tyagi to number the paragraphs.

The Honourable Dr. B. R. Ambedkar: That is a matter we will took to later on.

Shri Mahavir Tyagi: it has been accepted, Sir.

Mr. President: It does not mean that it has been accepted. They will consider it.

Shri K. M. Munshi : I am not accepting it.

Mr. President: Are You Pressing it ?

Shri Mahavir Tyagi : If you are sending it to the Drafting Committee, I do not press it. I leave it to the good sense of the Drafting Committee.

Mr. President: The question is "That for clause (1) of article 301A, the following be substituted:-

'(1) The official language of the Union shall be Hindi in Devanagari script.

The form of numerals to be used for the official purpose-., of the Union shall be the international form of Indian numerals.' "

The amendment was adopted.

Mr. President: The question is : "That for clause (3) of article 301A. the following be substituted:--

'(3) Notwithstanding anything contained in this article. Parliament may after the said period of fifteen years by law provide for the use of- (a) the English language, or

(b) the Devanagari form of numerals,

for such purposes as may be specified in such law.'

The amendment was adopted.

Shri T. T. Krishnamachari : The other two amendments may be put together.

Mr. President : The question is

"That article 301F

be renumbered as clause (1) of article 301 F, and to the said clause as so remembered the following clause be added :--

'(2) Nothing in sub-clause (a) of clause (1) of this article shall prevent a State from prescribing, with the consent of the President, the use of Hindi language or any other language recognised for official purposes in the State for Proceedings in the High Court of the State other than judgments, decrees and orders.' "

"That after clause (2) of the proposed article 301F, the following be added:

'(3) Notwithstanding anything contained in sub- clause (b)) of clause ( 1) of this article, when the Legislature of a State his prescribed tile use of any language other than English for Bills, Acts. Ordinances, and Orders having the force of law, and rules referred to in the said sub-clause a translation of the same in English certified by the Governor or Ruller of the State shall be published and the same shall be deemed to be the authoritative text in English under this article.' "

The amendment was adopted. Mr. President: The question is :

'That in the Schedule, for "Canarese" the word "Kannada" be substituted; and after Punjab;' the word 'Sanskrit' be inserted."

The amendment was adopted. Mr. President: I shall put amendment No. 65 to which all these are amendments, to vote.The question is:

"That amendment No. 65 (proposed art. 301A to 301H) as amended by the amendments of Mr. Munshi which have just been adopted, stand part of the constitution.

PART XIV-A CHAPTER I-LANGUAGE OF THE UNION

301A. Official language of the Union. (1) 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.

(2) Notwithstanding anything contained in clause (1) of this article, for a period of fifteen 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 at such commencement :

Provided that the President may, during the said period, by order authorise for any of the official purposes of the Union the use of the Hindi language in addition to the English language and of the Devanagari form of numerals in addition to the international form of Indian numerals.

(3) Notwithstanding anything contained in this article, Parliament may after the said period of fifteen years by law provide for the use of-

(a) the English language, or

(b) the Devanagari form of numerals,

for such purposes as may be specified in such law.

301B. Commission and committee of Parliament on Official language. (1) The President shall, at the expiration of five years from the commencement of this Constitution and thereafter at the expiration of ten years from such commencement, by order constitute a Commission which shall consist of a Chairman and such other members representing the different languages specified in Schedule VIIA as the President may appoint, and the order shall define the procedure to be followed by the Commission.

(2) It shall be the duty of the Commission to make recommendations to the President as to-

(a) the progressive use of the Hindi language for the official purposes of the Union;

(b) restrictions on the use of the English language for all or any of the official purposes of the Union;

(c) the language to be used for all or any of the purposes mentioned in article 301E of this Constitution;

(d) form of numerals to be used for any one or more specified purposes of the Union:

(e) any other matter referred to the Commission by the President as regards the official language of the Union and the language of inter-State communication and their use.

(3) In making their recommendations under clause (2) of this article, the Commission shall have due regard to the industrial, cultural and scientific advancement of India, and the just claims and the interests of the non-Hindi speaking areas in regard to the public services.

(4) There

shall be constituted a Committee consisting of thirty members of whom twenty shall be members of the House of the People and ten shall be members of the Council of States chosen respectively by the members of the House of the People and the members of the Council of States in accordance with the system of proportional representation by means of the single transferable vote. (5) It shall be the duty of the Committee lo examine the recommendations of the Commission constituted under this article and to report to the President their opinion thereon.

(6) Notwithstanding anything contained in article 301A of this Constitution. the President may after consideration of the report referred to in clause (5) of this article issue directions in accordance with the whole or any part of the report.

CHAPTER II-REGIONAL LANGUAGES.

301C. Official language or language of a State. Subject to the provisions of articles 301D and 301E, a State may by law adopt any 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 :

Provided that until the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used at the commencement of this Constitution.

301D. Official language for communication between one state and another of between a State and the Union. The language for the time being authorised 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:

Provided that 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.

301E. Special provision relating to language spoken by a section of the population of a State. Where on a demand being made in that behalf the President is satisfied that a substantial proportion of the population of a State desires the use of any language spoken by them to be recognised by that State, he may direct that such language shall also be officially recognised throughout that State or any part thereof for such purpose as he may specify.

CHAPTER III-LANGUAGE OF SUPREME COURT AND HIGH COURTS, ETC.

301F. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills etc. (1) Notwithstanding anything contained in the foregoing provisions of this Part, until Parliament by law otherwise provides-

(a) all proceedings in the Supreme Court and in every High Court,

(b) the authoritative texts-

(i) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State,

(ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or a Governor or a Ruler, as the case may be,

(iii) of all orders, rules, regulations and bye-laws issued under this Constitution or under any law made by Parliament or the Legislature of a State,

shall be in the English language.

(2) Nothing in sub-clause (a) of clause (1) of this article shall prevent a State from prescribing, with the consent of the President, the use of the Hindi language or any other language recognised for official purposes in the State for proceedings in the High Court of the State other than judgments, decrees and orders.

(3) Notwithstanding anything contained in sub-clause (b) of clause (1) of this article, when the Legislature of a State has prescribed the use of any language other than English for Bills, Acts, Ordinances, and Orders having the force of law, and rules referred to in the said sub-clause, a translation of the same in English certified by the Governor or Ruler of the State shall be published and the same shall be deemed to be the authoritative text in English under this article.

301G. Special procedure for enactment of certain laws relating

to language. 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 301F of this Constitution shall be introduced or moved in either House of Parliament without the previous sanction of the President, and the President shall not give hissanction 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 article 301B of this Constitution and the report of the Committee referred to in that article.

CHAPTER IV-SPECIAL DIRECTIVES 301-H. Language to be used for representation for redress of grievances. Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be.

301-I. Directive for development of Hindi. It shall be the duty of the Union to promote the spread of Hindi and to develop the language so as to serve as a medium of expression for all, the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expressions used in Hindustani and in the other languages of India, and drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages.

SCHEDULE VII-A

1. Assamese

2. Bengali

3. Kannada

4. Gujrati

5. Hindi

6. Kashmiri

7. Malayalam

8. Marathi

9. Oriya

10. Punjabi

10A. Sanskrit

11. Tamil

12. Telugu

13. Urdu.

The motion was adopted.

Maulana Hasrat Mohani: I want to have my adverse vote recorded with the remark..........

Mr. President : There is no procedure for recording the vote of any particular individual specially with his remarks.'

The question is :

"That Part XIV-A as passed stand part of the Constitution."

The motion was adopted. PART XIV-A was added to the Constitution.

Shri T. T. Krishnamachari: May I suggest, Sir, before adjourning the House, that you may put to vote articles 99 and 184 which this Chapter supersedes ?

The Honourable Dr. B. R. Ambedkar: No; no. It is not in today's Order Paper.

Mr. President : This brings the proceedings of this evening to a close but before adjourning the House I desire just to say a few words of congratulation. I think we have adopted a Chapter for our Constitution which will have very far reaching consequences in building up the country as a whole. Never before in our history did we have one language recognised as the language of rule and administration in the country as a whole. Sanskrit was the language in which all our religious literature and lore was enshrined and in which other literature was enshrined. That was studied no doubt in all parts of the country but it was never the language which was used for administrative purposes throughout the country as a whole. Today it is for the first time that we have got a Constitution,we are going to provide in our Constitution a language which will be the language of administration for the Union and that language will have to develop itself to suit the exigencies of time.

I do not claim to be a scholar of Hindi or any other language. I do not claim to have made any contribution to literature but this much I can say as a layman that it is not possible today to foresee what form this language, which we have adopted as the language of administration of the Union, is going to take in the future. As it is, Hindi has undergone change in the past an many many occasions and we have several styles of it, we have had literature written in Braj Bhasha. Khari Boli is now the prevalent style in Hindi. I think its contact with all the other languages In the country will give it opportunities for further development. I have no doubt that Hindi will benefit rather than lose by absorbing as much as it can of the best

that is to be found in the other languages of the country.

We have now accomplished political unification of the country, such as it is. We are now going to fore another link which will bind us all together from one end to the other. I hope all Members will go home with a feeling of satisfaction and even those who have lost in voting will take it in a sportsman like spirit and will help in the work which the Constitution will now impose upon the Union in regard to language.

I want to say one word about South India. It was in 1917 when Mahatma Gandhi wits in Champaran and I had the privilege of working with him that he thought of starting Hindi Prachar in the South and he decided to request Swami Satyadev and his dear son Devdas Gandhi to go and start the work which they did. Subsequently, in 1918 at the Indore Session of the Hindi Sahitya Sammelan, this Prachar work was accepted as one of its primary functions by the Sammelan and the work progressed. It has been my privilege to be associated although I cannot claim to be associated very intimately-with the work throughout this period of nearly 32 years no. I have gone to the South from one corner to the other and it has pleased my heart to see how the people of the South responded to the call of Mahatma Gandhi in respect of this language. I know the difficulties that they had to face, but the enthusiasm which they brought to bear upon this was simply marvellous. I have been associated with prize distributions on several occasions and it may amuse Members to hear that I have distributed the prizes to two generations at the same time if not three on some occasions; that is to say, the grand-parent, the Parent, and the grand-child-for having studied the language, having passed the prescribed examination and having come for the prizes and for their diplomas. The work has progressed and it has been adopted by the people of the South as their work. Today I do not know how many lakhs (hey are spending over this Hindi Prachar work and I do not recollect the figures, how many examinees are sitting at the examinations from year to year. This means that the language has been recognised by a large section of the people in the South as the language for All-India purposes and the enthusiasm which they have exhibited in this deserves congratulation, deserves recognition, deserves gratitude from the people of the North.

If today they have insisted upon some particular thing, let us remember that after all if Hindi has to be accepted by them, they must accept it, not we for them; and after all what is it which has evoked so much controversy ? I was wondering why we should take so much time, so much discussion over a small matter. What are after all the numerals ? They are ten figures. Out of these ten, as far as I can say from memory, there are three which are identical in the English numerals and the Hindi numerals-2, 3 and 0. There are four others I believe which are identical in shape but convey different meaning. For example,.4 of Hindi is very like 8 of English, although one represents 4 and the other represents 8. 6 of English is very like 7 of Hindi, although they represent two, different meanings. 9 of Hindi in the form in which it is now being used, taken largely from Maharashtra, is very much like 9 of English. Well there are only two or three figures left which have a different shape and different meaning in each of the numerals. It is therefore not a question of convenience or inconvenience of the Press as some Members suggested. I think the English numerals are more or less the same, so far as printing press is concerned, as Hindi numerals.

But we have to respect the sentiments of our friends who wanted it, and I would ask all Our Hindi friends to accept this in that script, to accept it because we want them to accept the Hindi language and the Devanagari script, so far as the rest of it is concerned. And I am glad that this House has accepted the suggestion by a very overwhelming majority. It seemed to me that after all, it was not a question of making much of a

concession. We wanted them to accept Hindi and they accepted it and we wanted them to accept the Devanagari script and they accepted it. They want us to accept a different form of numerals; and why should there be any difficulty in accepting it? It looks like this, if I may give a small metaphor which may amuse. We want some friends to invite us. They invite us. They say, "You can come and stay in our house. We welcome you for that purpose. But when you come to our house, please wear the English type of shoes and not the Indian chappal which you wear in your own house." I should be not very wise to reject the invitation, simply because I do not want to give up my chappals. I would accept the English type of shoes and accept the invitation, and it is in this spirit of give and take that national problems can be solved.

Our Constitution so far has evoked many controversies, and raised many questions which had very deep differences; but we have, somehow or other, managed to get over them all. This was one of the biggest gulfs which might have separated us. Let us imagine what would have happened if the South had not accepted the Hindi language and the Devanagari script. In a small tiny country like Switzerland, they have got three languages which are recognized by the Constitution and everything has to be done in those three languages. Do we think, can we imagine, that we shall be able to keep together all the provinces, bind them together, if we thought of having as many languages as there are in existence, for central administrative purposes ? One page of printing will have to be extended-I do not know-perhaps to fifteen or twenty pages.

And it is not only a question of expense. It is also a question of psychology which will affect our whole life. This language which we shall use in the Centre will tend to bring us together, nearer and nearer. After all, the English language has brought us nearer and nearer because it was one language. If in place of English we have adopted an Indian language, it is bound to bring us closer together, particularly because our traditions are the same, our culture is the same, and everything that goes to make our civilisation is the same. Therefore, if we did not accept this formula, the result would have been either a large number of languages to be used, for the country as a whole, or separation of provinces which did not like to submit or accept any particular language under pressure. We have done the wisest thing possible and I am glad, I am happy, and I hope posterity will bless us for this.

The House stands adjourned now till 9 o'clock tomorrow morning.

The Assembly then adjourned till Nine of the Clock on Thursday the 15th September, 1949.