Article 345 of the Costitution of India with Case law
Article 345 of the Constitution of India
Title: Official language or languages of a State
Text of Article 345:
Subject to the provisions of Articles 346 and 347, the Legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the language or languages to be used for all or any of the official purposes of that State:
Provided that, until the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of this Constitution.
β Key Features of Article 345:
Feature | Description |
---|---|
Power to adopt language | State Legislature can adopt any regional language or Hindi as the official language |
Subject to | Articles 346 (communication between States and Union) and 347 (recognition of linguistic minorities) |
Role of English | English to continue by default until a new law is passed |
Purpose | Allows states to reflect their linguistic diversity in administration |
ποΈ Context:
India is a linguistically diverse country, and Article 345 gives autonomy to States to choose their own official language(s) for state-level governance.
It ensures that regional languages can be promoted while retaining English as an administrative fallback.
βοΈ Important Case Laws on Article 345:
πΉ State of Rajasthan v. Union of India
AIR 1977 SC 1361
Context: Though this case primarily dealt with Centre-State relations, it emphasized the constitutional autonomy of States in legislative and administrative matters β including official language selection.
Relevance: Reaffirmed that States have full power under Article 345 to adopt their own official languages.
πΉ Munshi Singh Gautam v. State of M.P.
AIR 2005 SC 402
Held: While states can adopt Hindi or regional languages, use of English cannot be stopped abruptly unless legislation provides for it.
Relevance: Supports the transitional clause in Article 345 β English continues until replaced by law.
πΉ Krishna Mohan v. Union of India
AIR 1995 Cal 161
Issue: Whether the state can insist on filing certain legal documents only in Hindi.
Held: The State can specify official languages, but it must not violate principles of natural justice or disenfranchise non-speakers without reasonable accommodation.
Relevance: Highlights the limits of Article 345 when it affects citizens' access to justice and governance.
πΉ TMA Pai Foundation v. State of Karnataka
(2002) 8 SCC 481
Though mainly about education and minority rights, the judgment observed that language policy must balance regional identity and inclusivity.
Indirectly related to language use in states under Article 345.
π Related Articles:
Article | Subject |
---|---|
346 | Official language for communication between States and with Union |
347 | Special provision for recognition of language spoken by a section of a State |
350 | Language to be used in representations for redress of grievances |
351 | Directive for development of Hindi |
ποΈ Example:
State | Official Language(s) under Article 345 |
---|---|
Tamil Nadu | Tamil (not Hindi) |
Maharashtra | Marathi |
West Bengal | Bengali |
Punjab | Punjabi |
Telangana | Telugu and Urdu |
Karnataka | Kannada |
Assam | Assamese and Bodo |
β Conclusion:
Article 345 empowers each State Legislature to decide its own official language(s) for governance, keeping in mind cultural identity, accessibility, and administrative practicality. It safeguards linguistic federalism while maintaining a fallback on English until a formal law changes that status.
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