Article 210
Article 210 of the Constitution of India regulates the language to be used in the proceedings of the State Legislatures, ensuring both inclusivity and linguistic flexibility in the conduct of legislative business. This Article reflects the constitutional intent to preserve India’s linguistic diversity while maintaining accessibility and comprehension in state governance.
Constitutional Background and Purpose
India is a multilingual nation, and its Constitution acknowledges this linguistic plurality. Article 210 was incorporated to provide constitutional recognition to regional languages in state legislatures, while also allowing the continued use of English and Hindi during a transitional period.
The framers of the Constitution sought to balance the promotion of regional languages—as a matter of cultural and democratic representation—with the practical need for uniformity and clarity in official communications across states.
Clause (1): Official Languages of the State Legislature
Under Article 210(1), the business of a State Legislature is to be conducted in:
- The official language or languages of the state, as declared under Article 345; or
- Hindi or English.
Initially, the use of English was permitted only for fifteen years from the commencement of the Constitution (i.e., until 1965), unless the State Legislature provided otherwise by law. However, through subsequent legislative measures and executive notifications, the use of English has continued in several states to ensure administrative convenience and uniformity in communication.
This clause ensures that the language used in legislative proceedings is accessible to the representatives of the people, fostering transparency and democratic participation.
Clause (2): Provision for Use of Mother Tongue
Article 210(2) provides an important safeguard for linguistic inclusivity. It empowers the Speaker of the Legislative Assembly or the Chairman of the Legislative Council to permit any member who cannot adequately express themselves in the official language or languages of the state to address the House in their mother tongue.
This provision serves several constitutional purposes:
- It promotes equal participation of all members, regardless of linguistic background.
- It prevents language from becoming a barrier to representation or debate.
- It underscores the democratic principle that every voice in the Legislature must be heard and understood.
This clause is particularly significant in linguistically diverse states such as Maharashtra, Karnataka, Assam, and Jammu and Kashmir, where members may come from different linguistic communities.
Transition Period and Continuation of English
The Constitution initially envisaged a fifteen-year transition period (1950–1965) during which English could continue to be used in the Legislature, after which it could be discontinued by the State Legislature through law.
However, the Official Languages Act, 1963, and its subsequent amendments allowed for the continuation of English beyond this period both in Parliament and State Legislatures where required. This measure recognised the ongoing importance of English as a link language for inter-state and administrative communication.
As a result, many State Legislatures today continue to use a combination of regional languages, Hindi, and English, depending on their local linguistic demographics and administrative requirements.
Legislative Powers of States
Under Article 210, State Legislatures have the power to make laws determining the language or languages to be used for legislative proceedings. This autonomy allows states to:
- Adopt one or more regional languages as the primary medium of debate and record;
- Decide whether to continue or discontinue the use of English; and
- Frame rules to ensure equitable participation of members from linguistic minorities.
This authority must, however, remain consistent with the broader constitutional provisions under Articles 345 to 347, which govern official language policies at the state level.
Related Constitutional Articles
Article 210 forms part of a broader framework of provisions governing the use of languages in India:
- Article 345: Empowers states to adopt one or more languages for official purposes.
- Article 346: Specifies the language for communication between states and between states and the Union.
- Article 347: Allows for the recognition of additional languages if a substantial proportion of the state’s population so demands.Together, these Articles protect India’s linguistic diversity while maintaining functional efficiency in governance.
Judicial Interpretations and Key Case Laws
Although no major constitutional dispute has arisen directly under Article 210, several judgments have reinforced its underlying principles of linguistic fairness and inclusivity:
- State of Uttar Pradesh v. Raj Narain (1975): The Supreme Court recognised that language is a crucial element of democratic participation, affirming that linguistic accessibility is essential for effective governance.
- K. K. Verma v. Union of India (1954): This case addressed the official use of Hindi and English, highlighting the need for clarity and comprehension in legislative and administrative communications.
- Indira Gandhi v. Raj Narain (1975): The Court reiterated that language policy should uphold transparency and accessibility, ensuring public understanding of governance processes.
Through these cases, the judiciary has affirmed the constitutional principle that language should serve as a bridge, not a barrier, in democratic institutions.
Practical Implications in Legislative Functioning
In practical terms, Article 210 affects how legislative business is conducted in State Assemblies and Councils:
- Regional languages are generally used for debates, motions, and questions.
- English is often used for official records, legislative drafting, and inter-state communication.
- Interpretation facilities are provided in multilingual states to ensure smooth communication among members.
- The Speaker or Chairman exercises discretion under Clause (2) to permit members to speak in their mother tongue when necessary.
This multilingual approach enhances both inclusivity and efficiency, ensuring that legislative deliberations are accessible to all participants and the general public.
Cultural and Democratic Significance
Article 210 embodies the cultural pluralism and democratic inclusivity enshrined in the Indian Constitution. Its significance lies in:
- Promoting linguistic diversity: It validates the use of regional and minority languages in legislative processes.
- Encouraging participation: It enables members from different linguistic backgrounds to contribute meaningfully to debates.
- Preserving unity in diversity: By allowing the coexistence of multiple languages—including Hindi and English—it maintains harmony within India’s multilingual polity.
- Ensuring administrative efficiency: It balances the need for regional expression with the practicality of using English as a neutral and unifying medium.
Contemporary Developments
In recent decades, several states have enacted laws or adopted policies to strengthen the use of regional languages in their Legislatures:
- States such as Tamil Nadu, Kerala, and West Bengal conduct most legislative business in their respective regional languages.
- Others, including Maharashtra and Karnataka, use both the regional language and English for legislative work and official records.
- In multilingual states such as Nagaland and Manipur, provisions have been made to accommodate multiple local languages during debates.
These developments reflect the evolving linguistic federalism of India, where language functions as both a symbol of regional identity and an instrument of democratic governance.