RASHTRABHASHA MAHASANGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner Nos.1 and 2 are Societies, while other petitioners are office bearers of those Societies. Petitioner Nos.4, 6 and 7 have expired during pendency of the matter. Petitioners state that they are registered under Society Registration Act, 1860 and also are Public Trust as per Bombay Public Trust Act, 1950 with object of promoting the cause of Hindi language.

(2.) The prayer before this Court is to declare the Official Language Act, 1963 unconstitutional or in the alternate to quash and set aside its Section 3(5) as unconstitutional.

(3.) Learned Advocate appearing for the Petitioners states that the subject of official language is deliberately not included in Seventh Schedule and, therefore, does not form part of scheme commencing from Article 246 onwards upto Article 254 of the Constitution of India. The object is to establish Hindi language in Devnagari script as official language within 15 years and, therefore, a breathing time has been permitted in Sub-Article (2) of Article 343. Continuation of the Official Languages Act, 1963 for last 57 years is, therefore, contrary to Article 343. Our attention is drawn to the fact that in Part XVII of Constitution, dealing with official language, there are separate chapters dealing with language of Union, Regional languages and language of Supreme Court, High Courts etc. Regional language, therefore, is outside the purview of Chapter­I in Part XVII. It is submitted that Section 3(5) which, in effect, continued use of English language for the purposes of Chapter-I gives primacy to legislatures of all States and this treatement or primacy is unconstitutional. Contention is in affairs of Union, State or its legislatures must have no role. It is contended that requirement of a resolution of legislatures of all States to discontinue English is, therefore, against spirit of Chapter-I of Part XVII.