Ninety-second Amendment of the Constitution of India

Last updated

The Constitution (Ninety-second Amendment) Act, 2003
Emblem of India.svg
Parliament of India
  • An Act further to amend the Constitution of India.
CitationANNEXURE (A)

TEXTS OF THE CONSTITUTION AMENDMENT ACTS

(First to Ninety-fourth)
Territorial extent India
Passed by Lok Sabha
Passed22 December 2003
Passed by Rajya Sabha
Passed23 December 2003
Assented to7 January 2004
Commenced7 January 2004
Legislative history
First chamber: Lok Sabha
Bill titleConstitution (One-hundredth Amendment) Bill, 2003
Introduced by Lal Krishna Advani
Introduced18 August 2003
Committee reportReport of the Standing Committee on Home Affairs
Final stages
Reported from conference committee 5 December 2003
Related legislation
21st and 71st Amendments
Summary
Included Bodo, Dogri, Maithili and Santali as official languages by amending the Eighth Schedule to the Constitution
Status: In force

The Ninety-second Amendment of the Constitution of India, officially known as The Constitution (Ninety-second Amendment) Act, 2003, amended the Eighth Schedule to the Constitution so as to include Bodo, Dogri, Maithili and Santali languages, thereby raising the total number of languages listed in the schedule to 22. The Eighth Schedule lists languages that the Government of India has the responsibility to develop. [1]

Contents

The Eighth Schedule to the Constitution originally included 14 languages. [2] Sindhi was included by the 21st Amendment, enacted in 1967; and Konkani, Meitei and Nepali were included by the 71st Amendment in 1992, raising the total number of languages to 18.

Text

BE it enacted by Parliament in the Fifty-fourth year of the Republic of India as follows:—

1. Short title This Act may be called the Constitution (Ninety-second Amendment) Act, 2003.

2. Amendment of Eighth Schedule In the Eighth Schedule to the Constitution—

(a) existing entry 3 shall be re-numbered as entry 5, and before entry 5 as so re-numbered, the following entries shall be inserted, namely:—
"3. Bodo.
4. Dogri.";
(b) existing entries 4 to 7 shall respectively be re-numbered as entries 6 to 9;
(c) existing entry 8 shall be re-numbered as entry 11 and before entry 11 as so re-numbered, the following entry shall be inserted, namely:—
"10. Maithili."
(d) existing entries 9 to 14 shall respectively be re-numbered as entries 12 to 17;
(e) existing entry 15 shall be re-numbered as entry 19 and before entry 19 as so re-numbered, the following entry shall be inserted, namely:—
"18. Santali."
(f) existing entries 16 to 18 shall respectively be re-numbered as entries 20 to 22. [3]

Proposal and enactment

The Constitution (Ninety-second Amendment) Act, 2003, was introduced in the Lok Sabha on 18 August 2003, as the Constitution (One-hundredth Amendment) Bill, 2003 (Bill No. 63 of 2003). It was introduced by then Deputy Prime Minister Lal Krishna Advani and sought to amend the Eighth Schedule to the Constitution. [4] The full text of the Statement of Objects and Reasons appended to the bill is given below:

There have been demands for inclusion of certain languages in the Eighth Schedule to the Constitution. It is proposed to include Bodo language in the Eighth Schedule to the Constitution.

2. The Bill seeks to achieve the above object.

L.K. Advani, "The Constitution (One-hundredth Amendment) Bill, 2003".

The bill, as introduced, was referred to the Standing Committee on Home Affairs, which presented its report to the Rajya Sabha, recommending that the Bill be passed in the present form. The Report was laid on the table of the Lok Sabha on 5 December 2003. The Bill was debated by the Lok Sabha on 22 December 2003 and passed on the same day, with a formal amendment changing the short title from "One-hundredth" to "Ninety-second". During the consideration of the Bill in the House, an amendment was moved by L.K. Advani to include three other languages, namely, Santali, Maithili and Dogri in the Eighth Schedule. The amendment was adopted by the House, and a newly substituted section 2 provided for inclusion of Bodo as Entry No. 3, Dogri as Entry No. 4, Maithili as Entry No. 10, Santali as Entry No. 18 and also for consequential re-numbering of the existing entries, accordingly. [4] The Bill, as passed by the Lok Sabha, was considered and passed by the Rajya Sabha on 23 December 2003. [4] [5]

Speaking in the Lok Sabha on 22 December, Advani stated that the constitutional amendment to include Bodo was "in pursuance of a very valuable Memorandum of Settlement arrived at between the representatives of the Bodo community, the Government of Assam and the Government of India". A part of the settlement was that the Government of India would consider inclusion of Bodo language in the Eighth Schedule of the Constitution. [6] Janeshwar Mishra, Samajwadi Party Rajya Sabha MP, stated that no Indian language could flourish as long as the recognition given to English remained. Reacting to the demand for substituting English with any other Indian language, Advani stated that it was necessary that both English and Hindi co-exist for the unity of the country, stating, "National unity is more important than language issue." He further stated that de-linking from English was not a good thing, as he felt that knowledge of English gave India an advantage over China in the Information Technology sector. Laxmi Mall Singhvi, BJP Rajya Sabha MP, stated that the legislation's intention was not to reduce the impact or acceptability of Hindi by including more languages in the Eighth Schedule. [5]

Congress member Pranab Mukherjee, stated that while he had no objection to any language being included in the Eighth Schedule, the Government should have consulted the Standing Committee to bring "a comprehensive and well thought-out legislation". He further added that, "piecemeal legislations as this would only create rift in the country". CPI(M) member Chandrakala Pandey named more than a dozen languages that she believed should be included in the Eighth Schedule. SP member Rama Shankar Kaushik felt that the Government needed to differentiate between "Bhasaha aur Boli" (language and dialect), stating, "If you cease to differentiate between language and dialect, you will end up reducing the status of Hindi as the official language and that will create tension on the basis of language." RJD chief Lalu Prasad Yadav felt that inclusion of a language or dialect in the Eighth Schedule should be done carefully and comprehensively to ensure that there was no dispute on the language medium of examinations, finding teachers, and programmes on radio and television. [5]

DMK member S. Viduthalai Virumbi stated that Hindi was not a "majority language", and demanded that the official language of a State be included as official language of the country. Verumbi was interrupted by SP member Amar Singh, who objected to opposition to Hindi, saying, "I respect Tamil but to oppose Hindi is not correct." [5]

The bill received assent from then President A. P. J. Abdul Kalam on 7 January 2004, and came into force on the same date. [4] [7] It was notified in The Gazette of India on 8 January 2004. [4]

Reception

Adivasi youths celebrated the passage of the 92nd Amendment by bursting crackers and distributing sweets at various tribal-dominated areas such as Karandih, Parsudih, Kadma and Birsanagar. [8]

BJP Lok Sabha MP from Mayurbhanj, Odisha, Salkhan Murmu termed the day that the bill passed as historic for tribal people. Murmu further expressed that the long-cherished dreams of the tribals had been fulfilled, saying, "This is the first time that the Adivasis have got recognition". Murmu had tabled the proposal for the inclusion of the Santali language in the Eighth Schedule in the Lok Sabha. Murmu stated that he would now fight for the inclusion of other tribal languages like Ho, Kuruk and Munda in the Eighth Schedule. [8]

President of Jharkhand Disom Party (JDP) women cell Sumitra Murmu stated that the long battle which Salkhan initiated 20 years ago for the inclusion of the language in the Eighth Schedule had been won. Jharkhand Mukti Morcha chief Shibu Soren described inclusion of Santhali language as "not surprising", saying, "It was a political decision and had to happen some day." [8]

See also

Related Research Articles

<span class="mw-page-title-main">Languages with official status in India</span> Languages designated official status by the Constitution of India

There is no national language in the Republic of India. However, article 343(1) of the Indian constitution specifically mentions that "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," while article 343(2) allowed for the continuation of English as an official language for another 15 years and 343(3) gave the parliament the power to provide for the use of English language after this period. The clause 3 of the Official Languages Act, 1963 allows for the continued use of English language for official purposes of the Union government and for parliamentary business. Hence Indian English and Modern Standard Hindi are the Official Languages of the Government of India.

<span class="mw-page-title-main">Hindi Belt</span> Linguistic region of India

The Hindi Belt, also known as the Hindi Heartland, is a linguistic region encompassing parts of northern, central, eastern, and western India where various Northern, Central, Eastern and Western Indo-Aryan languages are spoken, which in a broader sense is termed as Hindi languages, with Standard Hindi serving as the lingua franca of the region.

<span class="mw-page-title-main">Dogri language</span> Indo-Aryan language spoken primarily in Jammu

Dogri is an Indo-Aryan language primarily spoken in the Jammu region of Jammu and Kashmir, India, with smaller groups of speakers in adjoining regions of western Himachal Pradesh, northern Punjab, and north-eastern Pakistani Punjab. It is the ethnic language of the Dogras, and was spoken in the historical region of Greater Duggar. Currently in Districts : Kathua, Jammu, Samba, Udhampur, and Reasi, These district residents also speak Kashmiri, Hindi, Urdu and Punjabi. Dogri is a member of the Western Pahari group of languages. Unusually for an Indo-European language, Dogri is tonal, a trait it shares with other Western Pahari languages and Punjabi. It has several varieties, all with greater than 80% lexical similarity.

<span class="mw-page-title-main">Sahitya Akademi</span> Indias National Academy of Letters

The Sahitya Akademi, India's National Academy of Letters, is an organisation dedicated to the promotion of literature in the languages of India. Founded on 12 March 1954, it is supported by, though independent of the Indian government. Its office is located in Rabindra Bhavan near Mandi House in Delhi.

<span class="mw-page-title-main">Kariya Munda</span> Indian politician

Kariya Munda is an Indian politician who served as Deputy Speaker of the 15th Lok Sabha. He has been a minister in the Government of India, serving in the governments led by the Janata Party in 1977 and by Bhartiya Janata Party from 1999 onwards.

<span class="mw-page-title-main">Fifth Amendment of the Constitution of India</span> Amendment regarding state boundaries

The Fifth Amendment of the Constitution of India, officially known as The Constitution Act, 1955, empowered the President to prescribe a time limit for a State Legislature to convey its views on proposed Central laws relating to the formation of new States and alteration of areas, boundaries or names of existing States. The amendment also permitted the President to extend the prescribed limit, and prohibited any such bill from being introduced in Parliament until after the expiry of the prescribed or extended period. The 5th Amendment re-enacted the provision to Article 3 of the Constitution.

<span class="mw-page-title-main">Eighth Amendment of the Constitution of India</span>

The Eighth Amendment of the Constitution of India, officially known as The Constitution Act, 1959, amended article 334 of the Constitution in order to extend the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for ten years, i.e. up to 26 January 1970. Article 334 had stipulated that the reservation of seats should expire within a period of ten years from the commencement of the Constitution.

<span class="mw-page-title-main">Twenty-third Amendment of the Constitution of India</span>

The Twenty-third Amendment of the Constitution of India, officially known as The Constitution Act, 1969, discontinued reservation of seats for the Scheduled Tribes in Nagaland, both in the Lok Sabha and the State Legislative Assembly and stipulated that not more than one Anglo-Indian could be nominated by the Governor to any State Legislative Assembly. Prior to the amendment, the number of Anglo-Indians who could be nominated to the State Legislative Assemblies, was left to the discretion of the Governor of the State. The amendment also extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 1980.

<span class="mw-page-title-main">Ninety-fifth Amendment of the Constitution of India</span> Extended Indian reservation for Anglo-Indians

The Ninety-fifth Amendment of the Constitution of India, officially known as The Constitution Act, 2009, extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 2020.

<span class="mw-page-title-main">Sixty-second Amendment of the Constitution of India</span>

The Sixty-second Amendment of the Constitution of India, officially known as The Constitution Act, 1989, extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 2000.

<span class="mw-page-title-main">Twenty-first Amendment of the Constitution of India</span>

The Twenty-first Amendment of the Constitution of India, officially known as The Constitution Act, 1967, amended the Eighth Schedule to the Constitution so as to include Sindhi as one of the languages, thereby raising the total number of languages listed in the schedule to fifteen. The Eighth Schedule lists languages that the Government of India has the responsibility to develop.

<span class="mw-page-title-main">Seventy-first Amendment of the Constitution of India</span>

The Seventy-first Amendment of the Constitution of India, officially known as The Constitution Act, 1992, amended the Eighth Schedule to the Constitution so as to include Konkani, Meitei and Nepali languages, thereby raising the total number of languages listed in the schedule to eighteen. The Eighth Schedule lists languages that the Government of India has the responsibility to develop.

<span class="mw-page-title-main">Twenty-second Amendment of the Constitution of India</span>

The Twenty-second Amendment of the Constitution of India, officially known as The Constitution Act, 1969, inserted new article 244A in the Constitution to empower Parliament to enact a law for constituting an autonomous State within the State of Assam and also to provide the autonomous State with Legislature or a Council of Ministers or both with such powers and functions as may be defined by that law.

<span class="mw-page-title-main">Forty-seventh Amendment of the Constitution of India</span>

The Forty-seventh Amendment of the Constitution of India, officially known as The Constitution Act, 1984, amended the Ninth Schedule to the Constitution, and added 14 legislations relating to land reforms, enacted by the States of Assam, Bihar, Haryana, Tamil Nadu, Uttar Pradesh and West Bengal and the union territory of Goa, Daman and Diu with a view to provide that the enactments shall not be deemed to be void on the ground that they are inconsistent with any of the provisions of Part III of the Constitution relating to Fundamental Rights.

<span class="mw-page-title-main">Eighth Schedule to the Constitution of India</span> Lists the official languages of the Republic of India

The Eighth Schedule to the Constitution of India lists the official languages of the Republic of India. At the time when the Constitution was enacted, inclusion in this list meant that the language was entitled to representation on the Official Languages Commission, and that the language would be one of the bases that would be drawn upon to enrich Hindi and English, the official languages of the Union. The list has since, however, acquired further significance. The Government of India is now under an obligation to take measures for the development of these languages, such that "they grow rapidly in richness and become effective means of communicating modern knowledge." In addition, candidates sitting for an examination conducted for public service are entitled to use any of these languages as a medium to answer the paper.

<span class="mw-page-title-main">One Hundred and Fourth Amendment of the Constitution of India</span> Constitutional amendment of 2019

The One Hundred and Fourth Amendment of the Constitution of India, extends the deadline for the cessation of the reservation of seats for members from Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies by a period of 10 years.

<span class="mw-page-title-main">Sahitya Akademi Translation Prize</span> Award

Sahitya Akademi Translation Prize or Sahitya Akademi Prize for Translation is a literary honour in India, presented by Sahitya Akademi, India's National Academy of Letters, given to "outstanding translations of creative and critical works" in 24 major Indian languages such as English, Rajasthani, Punjabi and the 22 listed languages in the Eighth Schedule of the Indian Constitution recognised by the Sahitya Akademi, New Delhi.

<span class="mw-page-title-main">Meitei input methods</span>

Meitei input methods are the methods that allow users of computers to input texts in the Meitei script, systematically for Meitei language.

<span class="mw-page-title-main">Official scripts of the Republic of India</span> Officially used writing systems of India

The official scripts of the 22 official languages of the Republic of India include abugidas (pseudo-alphabets), alphabetical writing systems and abjads.

References

  1. http://lawmin.nic.in/coi/EIGHTH-SCHEDULE.pdf Archived 8 October 2013 at the Wayback Machine PD-icon.svg This article incorporates text from this source, which is in the public domain .
  2. "The Constitution of India (1949)" (PDF). Lok Sabha Secretariat. p. 1189. Archived from the original (PDF) on 3 December 2013. Retrieved 5 December 2013.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  3. "Texts of the Constitution Amendment Acts" (PDF). Lok Sabha Secretariat. pp. 672–673. Archived from the original (PDF) on 3 December 2013. Retrieved 5 December 2013.PD-icon.svg This article incorporates text from this source, which is in the public domain.
  4. 1 2 3 4 5 "Constitution Amendment in India" (PDF). Lok Sabha Secretariat. pp. 337–338. Archived from the original (PDF) on 3 December 2013. Retrieved 5 December 2013.
  5. 1 2 3 4 "Government to bring comprehensive legislation on languages". The Hindu . 24 December 2003. Archived from the original on 29 August 2004. Retrieved 5 December 2013.
  6. "Discussion on The Constitution". indiankanoon.org.
  7. "The Constitution (Amendment) Acts". Constitution.org. Retrieved 5 December 2013.
  8. 1 2 3 "Joy greets language victory". Telegraph India. 22 December 2003. Archived from the original on 10 March 2019. Retrieved 10 March 2019.