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U.P. Hindi Sahitya Sammelan v. State of Uttar Pradesh

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 459 of 1997)Decided 4 Sept 2014
Civil Appeal No. 459 of 1997
Chief Justice R.M. Lodha · Justice Dipak Misra · Justice Madan B. Lokur · Justice Kurian Joseph · Justice S.A. Bobde

Background

Uttar Pradesh had adopted Hindi for official purposes and later enacted a law allowing Urdu as a second official language for specified purposes. The challenged notification covered matters such as petitions, registration documents, public notices and Gazette translations. The appellant argued that adopting Hindi exhausted the State legislature's power and that further recognition required Presidential action.

Decision Breakdown

The five-judge Bench dismissed the appeal and upheld both the 1989 amendment and the notification. Article 345 permits a State legislature to adopt additional languages in use in the State, even after it has adopted Hindi, and to exercise that power from time to time. Hindi's special constitutional status does not exclude other official languages. Presidential recognition under Article 347 is a separate route rather than the only way to recognise an additional language; any existing Presidential direction must, however, be respected. A connected appeal by the Urdu Development Organisation was directed to a regular Bench instead of being finally decided here.

Lesson Learnt

A State can recognise another language used by its people for specified official purposes while retaining Hindi. People may therefore use the additional language for the purposes authorised by the State's law and notification, subject to applicable Presidential directions.

Official source (sci.gov.in)View Judgment (PDF)

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