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Constitutional Law

Maharashtra Language Controversy

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 11-Jul-2025

Introduction 

India is home to over 1,600 spoken languages, making it one of the most linguistically diverse nations on earth. This isn't just a statistic – it's the daily reality for millions of Indians who navigate between their mother tongue, regional languages, and national communication needs. The Constitution of India recognizes 22 scheduled languages under the Eighth Schedule, but deliberately refrains from declaring any single language as "national," reflecting the founders' wisdom in balancing unity with diversity. 

The Maharashtra Language Controversy: Contemporary Challenges 

  • Background and Policy Decision 
    • In 2025, the Maharashtra government announced a decision to make Hindi a compulsory third language in government schools, representing a significant shift in the state's language policy. 
    • This decision was particularly notable because Maharashtra had not traditionally experienced strong anti-Hindi sentiment, unlike some other non-Hindi speaking states. 
    • The policy announcement triggered widespread protests across political and linguistic lines, demonstrating that language remains a sensitive issue even in states where such tensions were historically minimal. 
    • The government's decision was seen as a departure from Maharashtra's established educational language policy framework. 
    • The announcement came without prior consultation with educational stakeholders, linguistic communities, or public representatives. 

Constitutional Framework for Official Languages 

  • Primary Constitutional Provisions 
    • The constitutional framework for official languages is primarily governed by Part XVII of the Indian Constitution, spanning Articles 343 to 351. These provisions establish a comprehensive legal structure that balances central administrative needs with regional linguistic autonomy. 
    • Article 343 serves as the cornerstone provision, declaring Hindi in Devanagari script as the official language of the Union, with numerals following the international form of Indian numerals. Crucially, this Article also provided for English to continue as an official language for fifteen years from the commencement of the Constitution, reflecting the practical necessities of governance during the transition period. 
    • Article 344 mandates the establishment of a Commission by the President after five years from the Constitution's commencement, demonstrating the framers' recognition that language policy would require ongoing review and adjustment based on practical experience. 
    • Article 345 grants significant autonomy to states, allowing them to adopt any one or more languages in use within their territory, or Hindi, as official languages for state purposes. This provision recognizes the federal character of the Indian polity and respects regional linguistic preferences. 
  • Inter-Governmental Communication Framework 
    • Article 346 establishes the framework for official communication between states and between states and the Union. The Article requires the use of "authorised" language, while permitting Hindi usage when two or more states mutually agree to such communication. 
    • Article 347 grants the President discretionary power to recognize any language as an official language of a state or part thereof, provided there is substantial demand from the population. This provision serves as a safeguard for linguistic minorities and ensures responsive governance to regional linguistic aspirations. 
  • Linguistic Minority Protection 
    • Article 350A mandates facilities for instruction in mother-tongue at the primary stage, recognizing the fundamental importance of native language education in child development and cultural preservation. 
    • Article 350B establishes the office of Special Officer for Linguistic Minorities, appointed by the President, to investigate matters relating to linguistic minority safeguards. This institutional mechanism ensures ongoing protection of linguistic rights and provides a channel for addressing grievances. 
    • Article 351 empowers the Union government to issue directives for Hindi language development, while simultaneously mandating that such development should draw upon other languages in the Eighth Schedule, ensuring that Hindi's growth does not occur at the expense of other Indian languages. 

Eighth Schedule and Classical Languages 

  • Scheduled Languages Framework 
    • The Eighth Schedule to the Constitution currently recognizes 22 languages as scheduled languages: Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Sindhi, Tamil, Telugu, Urdu, Bodo, Santhali, Maithili, and Dogri. Originally, only 14 languages were included, with subsequent additions reflecting India's evolving linguistic recognition. 
    • The constitutional framework notably lacks fixed criteria for inclusion in the Eighth Schedule, providing flexibility for future recognition of additional languages based on political, cultural, and practical considerations. 
  • Classical Language Status 
    • Six languages currently enjoy Classical Language status: Tamil (2004), Sanskrit (2005), Kannada (2008), Telugu (2008), Malayalam (2013), and Odia (2014). The Ministry of Culture has established specific guidelines for Classical Language recognition, requiring: high antiquity of early texts over 1500-2000 years; a body of ancient literature considered valuable heritage; original literary tradition not borrowed from other communities; and distinct classical and modern forms showing potential discontinuity. 
  • Constitutional Amendments and Language Evolution 
    • 21st Amendment Act of 1967 added Sindhi to the Eighth Schedule, recognizing the displacement of Sindhi-speaking populations due to partition and acknowledging their linguistic rights despite lacking a defined geographical territory. 
    • 71st Amendment Act of 1992 incorporated Konkani, Manipuri, and Nepali, acknowledging the linguistic diversity of Goa, Manipur, and Sikkim respectively, and demonstrating the Constitution's adaptive capacity to recognize evolving linguistic needs. 
    • 92nd Amendment Act of 2003 added Bodo, Dogri, Maithili, and Santhali, bringing the total to 22 scheduled languages and further expanding constitutional recognition of India's linguistic diversity. 

Distinction Between Official and National Language 

  • Constitutional Deliberation and Intent 
    • The Constituent Assembly's deliberations reveal a conscious decision to avoid declaring any language as the "national language." This decision emerged from extensive debates recognizing that linguistic diversity is fundamental to India's federal structure and that imposing a single national language would contradict the principle of unity in diversity. 
    • The distinction between "official" and "national" language carries significant legal and political implications. An official language serves functional purposes in governmental operations, while a national language would carry symbolic and cultural significance, potentially creating hierarchies among languages and linguistic communities. 
  • Historical Anti-Hindi Movements 
    • The 1950s and 1960s witnessed significant anti-Hindi agitations, particularly in Tamil Nadu, where violent protests erupted against attempts to make Hindi the sole official language. These movements demonstrated that language policy cannot be imposed without considering regional sentiments and cultural identities. 
    • Dr. Ram Manohar Lohia's "Angrezi Hatao, Hindi Lao" campaign, while receiving support in Hindi-speaking regions, failed to achieve national consensus, illustrating the complex political dynamics surrounding language policy. 
  • Federal Structure and Linguistic Autonomy 
    • The federal structure of Indian governance necessitates linguistic autonomy for states. Even if Hindi were declared the national language, states would retain constitutional authority over their linguistic policies unless such declaration was accompanied by constitutional amendments affecting the federal balance. 

Conclusion 

India's official language policy represents a sophisticated constitutional framework balancing national unity with linguistic diversity. The constitutional provisions from Article 343 to Article 351 create a flexible structure that has evolved through amendments to accommodate India's linguistic needs. The recent Maharashtra controversy reinforces that language policy remains politically sensitive and requires democratic consensus rather than administrative imposition. India's strength lies in protecting linguistic diversity while maintaining functional governance through constitutional principles that respect federal structure and cultural identity.