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Part XVII is a compilation of laws pertaining to the constitution of India as a country and the union of states that it is made of. This part of the constitution consists of Articles on Official Language. [1]
Chapter 1 covers Articles 343 and 344, and settles for two official languages of India - Hindi written in Devanagari script and English. [2] It also writes that the international form of the Indian numerals should be used as the official numeral system. It also places a responsibility on the President of India to support the implementation and progressive use of Hindi, rather than English, as the official language of India, as well gives the power of imposing restrictions on the usage of English for official purposes in India. The President of India is also given a time of fifteen years, from the time of the establishing of the Constitution, to phase out English in favour of Hindi, a right yet to be exercised. The chapter also writes that a committee consisting of 30 people - 20 from the Lok Sabha (lower house) and 10 from the Rajya Sabha (upper house) should be formed ensuring that the previously mentioned responsibilities are carried out by the President.
Chapter 2 covers articles 345–347, and writes that the regions of India are eligible to use any of the official languages of India for official purposes. It also acknowledges the possibility of a regional language being adopted and becoming an official language of India, if the President deems that a large enough proportion of the population of India desires it.
Chapter 3 covers articles 348 and 349, and writes that the official language of the Supreme Court of India, the High Courts of India as well as any authoritative legal texts should be English. It also acknowledges that the Governor of a State may, if authorized by the President, authorize the usage of Hindi in the previous situations.
Article 348.(2):
(2) Notwithstanding anything in sub-clause (a) of clause (1), the Governor ¹*** of a State may, with the previous consent of the President, authorise the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State:
Provided that nothing in this clause shall apply to any judgment, decree or order passed or made by such
High Court. [2]
Chapter 4 covers articles 350, 350A, 350B and 351. It settles that any person may submit a representation for the redress of grievances in any of the official languages of India. It also settles that the government of India should take measures to preserve the various minority language of India by building instructional facilities for teaching children at a primary level. It also writes that the President should appoint a Special Officer to ensure that these instructional facilities are built and that the previous measures are indeed carried out. Lastly, the chapter writes that the government of India should ensure the spread of Hindi, as well as promoting the enrichment and development of the language.
Modern Standard Hindi, commonly referred to as Hindi, is an Indo-Aryan language spoken chiefly in North India, and serves as the lingua franca of the Hindi Belt region encompassing parts of northern, central, eastern, and western India. Hindi has been described as a standardised and Sanskritised register of the Hindustani language, which itself is based primarily on the Khariboli dialect of Delhi and neighbouring areas of North India. Hindi, written in the Devanagari script, is one of the two official languages of the Government of India, along with English. It is an official language in nine states and three union territories and an additional official language in three other states. Hindi is also one of the 22 scheduled languages of the Republic of India.
The Lok Sabha, constitutionally the House of the People, is the lower house of India's bicameral Parliament, with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by an adult universal suffrage and a first-past-the-post system to represent their respective constituencies, and they hold their seats for five years or until the body is dissolved by the President on the advice of the council of ministers. The house meets in the Lok Sabha Chambers of the Parliament House, New Delhi.
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The Parliament of India is the supreme legislative body of the Republic of India. It is a bicameral legislature composed of the Rajya Sabha and the Lok Sabha. The President of India, in their role as head of the legislature, has full powers to summon and prorogue either house of Parliament or to dissolve the Lok Sabha, but they can exercise these powers only upon the advice of the Prime Minister and their Union Council of Ministers.
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.
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This is a brief description of the lawmaking procedure in India.
The Fundamental Rights in India enshrined in part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are known as "fundamental" as they are the most essential for all-round development i.e., material, intellectual, moral and spiritual and protected by fundamental law of the land i.e. constitution. If the rights provided by Constitution especially the Fundamental rights are violated the Supreme Court and the High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, directing the State Machinery for enforcement of the fundamental rights.
The anti-Hindi-imposition agitations in Tamil Nadu have been ongoing intermittently in the southern Indian state of Tamil Nadu since the early 20th century. The agitations involve several mass protests, riots, student and political movements in Tamil Nadu concerning the official status of Hindi in the state.
The 42nd amendment, officially known as The Constitution Act, 1976, was enacted during the Emergency by the Indian National Congress government headed by Indira Gandhi.
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Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX of the Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India.
Official Languages Commission is an Indian commission which was constituted by the president of India in pursuance to the provisions stated in the Article-344 of the Indian Constitution. This commission was constituted on June 7, 1955 vide a notification of the Ministry of Home Affairs, government of India.
The Ninety-second Amendment of the Constitution of India, officially known as The Constitution 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.
The Twenty-fourth Amendment of the Constitution of India, officially known as The Constitution Act, 1971, enables Parliament to dilute Fundamental Rights through Amendments of the Constitution. It also amended article 368 to provide expressly that Parliament has power to amend any provision of the Constitution. The amendment further made it obligatory for the President to give his assent, when a Constitution Amendment Bill was presented to him.
Hindi Day is celebrated in India to commemorate the date 14 September 1949 on which a compromise was reached—during the drafting of the Constitution of India—on the languages that were to have official status in the Republic of India. The compromise, usually called the Munshi-Ayyangar formula, after drafting committee members K. M. Munshi and N. Gopalaswami Ayyangar, was voted by the Constituent Assembly of India after three years of debate between two opposing camps. The Hindi protagonists wanted Modern Standard Hindi register of the Hindustani language to be the sole "national language" of India ; the delegates from South India preferred English to have a place in the Constitution. The Munshi-Ayyangar formula declared (i) Hindi to be the "official language" of India's federal government; (ii) English to be an associate official language for 15 years during which Hindi's formal lexicon would be developed; and (iii) the international form of the Hindu-Arabic numerals to be the official numerals. The compromise resolution became articles 343–351 of India's constitution, which went into effect on 26 January 1950. In 1965, when the 15 years were up, the Government of India announced that English would continue to be the "de facto formal language of India."
The Aadhaar Act, 2016 is a money bill of the Parliament of India. It aims to provide legal backing to the Aadhaar unique identification number project. It was passed on 11 March 2016 by the Lok Sabha. Certain provisions of the Act came into force from 12 July 2016 and 12 September 2016.
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