DAILY NEWS ANALYSIS

Parliamentary Committee on Official Language (Governance) Paper-2 PT

Recently, the Union Home Minister chaired the 38th meeting of the Committee of Parliament on Official Language.

A Parliamentary Committee is a panel of MPs that is appointed or elected by the House or nominated by the Speaker/Chairman.

• • The committee works under the direction of the Speaker/chairman and it presents its report to the House or to the Speaker/chairman.
  • Parliamentary Committees have their origins in the British Parliament.
  • They draw their authority from Article 105 and Article 118.
    • Article 105 deals with the privileges of MPs.
    • Article 118 gives Parliament authority to make rules to regulate its procedure and conduct of business.

Need: A Bill is introduced in either House of Parliament to begin legislative business but the process of lawmaking is often complex, and Parliament has limited time for detailed discussions. Also, the political polarisation and shrinking middle ground has been leading to increasingly rancorous and inconclusive debates in Parliament.

Due to these issues, a great deal of legislative business ends up taking place in the Parliamentary Committees instead.

Significance of Parliamentary Committees?

1. Provides Legislative Expertise: Most MPs are not subject matter experts on the topics being discussed — they are generalists who understand the pulse of the people but rely on advice from experts and stakeholders before making decisions. Parliamentary committees are meant to help MPs seek expertise and give them time to think about issues in detail.
2. Acting as a Mini-Parliament: These committees act as a mini-parliament, as they have MPs representing different parties are elected into them through a system of the single transferable vote, in roughly the same proportion as their strength in Parliament.
3. Instrument for Detailed Scrutiny: When bills are referred to these committees, they are examined closely and inputs are sought from various external stakeholders, including the public.
4. Provides a Check on the Government: Although committee recommendations are not binding on the government, their reports create a public record of the consultations that took place and put pressure on the government to reconsider its stand on debatable provisions. By virtue of being closed-door and away from the public eye, discussions in committee meetings are also more collaborative, with MPs feeling less pressured to posture for media galleries.

Parliamentary Committee on Official Language:

• The Parliamentary Committee on Official Language was constituted under the provisions of Section 4 of the Official Languages Act, 1963, in 1976.
  • Section 4 of the Act says “there shall be constituted a Committee on Official language, on a resolution to that effect being moved in either House of Parliament with the previous sanction of the President and passed by both Houses”.
• The Committee is chaired by the Union Home Minister, and has, in accordance with the provisions of the 1963 Act.
• Under the provisions of the 1963 Act, the panel submits its report to the President, who “shall [then] cause the report to be laid before each House of Parliament, and sent to all the State Governments”.
• Purpose of the committee: To review the progress made in the use of Hindi for official purposes, and to make recommendations to increase the use of Hindi in official communications.
• Members: It comprises 30 members of Parliament, of which 20 are from the Lok Sabha and 10 from the Rajya Sabha.

What are official languages under the Indian Constitution?

• Under Article 343(1), the official language of the Union shall be Hindi in Devanagari script, while Section 3 of the Official Language Act, 1963 talks about the continuance of the English language for official purposes of the Union and for use in Parliament.
• However, The Eighth Schedule of the Indian Constitution enumerates the official languages of the Republic of India.

8th Schedule of Indian Constitution Provisions

Part XVII of the Constitution deals with the official language in Articles 343 to 351.

What is the Official Language Commission?

The Official Languages Commission is to be established by the President in accordance with Article 344 of the Indian Constitution. The commission was constituted in 1955 via a notification of the Ministry of Home Affairs.

Article 344:

• • At the expiration of five years from the commencement of the Constitution and thereafter at the expiration of ten years from such commencement, the president should constitute a commission.
  • This commission shall consist of a Chairman and such other members representing the different languages specified in the Eighth Schedule as the President may appoint, and the order shall define the procedure to be followed by the Commission.

Article 344(2): It shall be the duty of the Commission to make recommendations to the President as to:

• • The progressive use of the Hindi language for the official purposes of the Union.
  • restrictions on the use of the English language for all or any of the official purposes of the Union.
  • The language to be used for all or any of the purposes mentioned in article 348.
  • The form of numerals to be used for any one or more specified purposes of the Union.
  • Any other matter referred to the Commission by the President.
• What are the significant provisions of the Official Language Act, 1963?
  • The Official Language Act, 1963 was enacted to provide for the languages which may be used for the official purpose of the Union, for the transaction of business in Parliament, for Central and State Acts, and for certain purposes in High Courts.
• Language of the Union
  • At the expiration of the period of fifteen years from the commencement of the Constitution, the English language can continue to be used in addition to Hindi.
  • A translation in Hindi should be published of any Ordinance promulgated by the President, of any order, rule, etc, issued under the Constitution of India.
  • The authoritative text in the English language of all bills shall be accompanied by a translation of the same in Hindi.
• Regional language
  • English is mandated as the medium of communication between the Union and the non-Hindi states.
• Language of the Judiciary
  • The Governor of a State, with the previous consent of the President, authorize the use of Hindi or the official language of the State, in addition to the English language.
  • Any judgment, decree, or order is passed or made in any such language (other than the English language), it shall be accompanied by an English translation.
• Other provisions
  • Committee on Official Language:
    • After the expiration of ten years from the date on which section 3 comes into force, a committee shall be constituted to review the progress made in the use of Hindi for the official purposes of the Union.
  • Power to make rules:
    • The Central Government can make rules for carrying out the purposes of this Act.
• How many languages are there in the Eighth Schedule, and what are the benefits of inclusion under the Eighth Schedule?
  • The Eight Schedule tries to ensure equitable representation for the multi-ethnic and multi-lingual nation.

8th Schedule of Indian Constitution Languages

Eighth Schedule of the Constitution consists of the following 22 languages:

Benefits of inclusion under the Eighth Schedule:

• The National Sahitya Akademi recognizes the languages of the Schedule as literary languages by default.
• The Eighth Schedule has played the important role of an arbitrator in deciding the medium of instruction in secondary schools. The languages used should be modern Indian languages mentioned in the Eighth Schedule of the Constitution as well as English.
• The All-India level competitive examinations are conducted for entrance into higher and technical education and employment by different organizations. The Eighth Schedule languages are used by them in selected spheres.

What steps could be taken to protect the linguistic diversity of India?

India is a country with immense linguistic diversity. To protect this linguistic diversity, there are several steps that can be taken:

• Encourage multilingual education: Children should be taught their mother tongue apart from other languages at the school level to preserve the regional languages and promote multilingualism.
• Documenting and preserving languages: The government can set up a national database to document and preserve endangered languages.
• Promote the use of regional languages: The government can promote the use of regional languages in official communication. This will help to protect the linguistic diversity of India.
• Language policies: The government can implement language policies that promote the use of regional languages in various domains, such as government offices, media, and the entertainment industry.
• Protect linguistic rights: Ensure that all languages are respected and protected under the law and that minority language speakers have equal access to education, government services, and employment opportunities.