SC had favoured ‘linguistic secularism’ in 2014 order, said evolution of language was ‘organic’

SC had favoured ‘linguistic secularism’ in 2014 order, said evolution of language was ‘organic’

Sub :  Polity

Sec: Federalism

Supreme Court’s View on Linguistic Secularism

• In U.P. Hindi Sahittya Sammelan vs State of U.P. (September 2014), the Supreme Court emphasized that the evolution of both law and language in India is organic.
• The court noted that Indian language laws are not rigid but accommodative, aimed at ensuring linguistic secularism.

National Education Policy and Language Debate

• Tamil Nadu CM M.K. Stalin accused the Centre of imposing Hindi through the National Education Policy, alleging it would negatively impact Tamil Nadu’s education progress.
• The Union government remains committed to implementing the National Education Policy, despite concerns over linguistic imposition.

Law Commission’s View on Hindi as a Compulsory Language

• The 216th Law Commission Report on Non-feasibility of Introduction of Hindi as a Compulsory Language in the Supreme Court highlighted the emotional sensitivity of language issues.
• Justice A.R. Lakshmanan cautioned that forcing a language upon people could be counterproductive rather than unifying.

Historical Perspective: Constituent Assembly Debate

• Citing Constitutional expert H.M. Seervai, the Supreme Court referenced the 1949 Constituent Assembly debate on Hindi as the national language.
• The Munshi-Ayyangar formula resulted in Article 343, which designated Hindi as the official language rather than the national language.
• The court recognized that regional languages such as Bengali, Tamil, Marathi, and Gujarati were more developed than Hindi at the time.

Views of Justice Krishna Iyer

• Justice Krishna Iyer, in his remarks to the Law Commission, stated:
  • He personally preferred Hindi but opposed compulsion.
  • He warned that linguistic militancy could divide the country, while federal pluralism promotes democratic sensitivity.

Constitutional Provisions on Language

• Article 351:
  • Imposes a duty on the Union government to promote the spread of Hindi.
• Article 29(1):
  • Recognizes the fundamental right of every linguistic group, including both majority and minority communities, to preserve their language, script, and culture.

Right to Choose Medium of Instruction

• State of Karnataka vs Associated Management of Primary & Secondary Schools:
  • The Supreme Court ruled that Article 19 (freedom of speech and expression) includes the right to choose the medium of instruction at the primary school level.
  • The state cannot impose a particular language on students.
• Reference to U.S. Supreme Court Case (Pierce v. Society of Sisters, 1924):
  • Held that a child is not a mere creature of the State, and parents have the right and duty to guide their child’s education.

Conclusion

• The Supreme Court’s judgments emphasize linguistic secularism, ensuring that language policies remain flexible, democratic, and accommodative.
• The right to language choice is a constitutional guarantee, and no language should be imposed forcibly in a diverse country like India.