Actual Article
Article 349: Special procedure for enactment of certain laws relating to language
During the period of fifteen years from the commencement of this Constitution, no Bill or amendment making provision for the language to be used for any one or more of the official purposes of the Union or for any State specified in the First Schedule shall be introduced or moved in either House of Parliament except with the previous sanction of the President, and the President shall not give his sanction except after he has taken into consideration the recommendations of the Commission constituted under Article 344 and the report of the Committee constituted under clause (4) of that article.
UPSC Notes for Article 349
Explanation:
- Special Procedure: Article 349 establishes a special procedure for enacting laws related to the official language of the Union or any State during the first fifteen years from the commencement of the Constitution.
- Presidential Sanction Required: No Bill or amendment concerning the official language can be introduced or moved in Parliament without the previous sanction of the President during this period.
- Consideration of Recommendations: The President must consider the recommendations of the Official Language Commission (constituted under Article 344) and the report of the Parliamentary Committee on Official Language before giving his sanction.
Key Points:
- Safeguard for Language Policies: Ensures that any changes to the official language policies during the initial fifteen years are carefully considered and reviewed.
- Role of President: Centralizes the decision-making process with the President, who must take into account expert recommendations.
- Balanced Approach: Aims to balance the promotion of Hindi and other languages with practical considerations and expert advice.
Important Cases and Commissions Related to Article 349
Cases:
- No landmark Supreme Court cases specifically interpreting Article 349, but it has been a key provision in discussions on the phased transition to Hindi and the role of regional languages.
Commissions:
- Official Language Commission (1955): Reviewed the use of languages for official purposes and made recommendations on the transition to Hindi.
- Parliamentary Committee on Official Language: Continues to review and report on the progress of implementing the language policy and the use of Hindi and other regional languages.
Important Reports Related to Article 349:
- Official Language Commission Report (1956): Provided detailed recommendations on the phased adoption of Hindi and the continued use of English during the transitional period.
- Reports by Parliamentary Committee on Official Language: Regularly assess the implementation of language policies and suggest necessary measures for promoting Hindi and regional languages.
Previous Year Prelims Questions Related to Article 349
- (UPSC Prelims 2016) According to Article 349 of the Indian Constitution, what is required before introducing a Bill or amendment related to the official language during the first fifteen years from the commencement of the Constitution?
A. Approval by the Prime Minister
B. Sanction of the President
C. Consent of the Chief Minister
D. Approval by the Speaker of the Lok Sabha Correct Answer: B. Sanction of the President - (UPSC Prelims 2018) Under Article 349, whose recommendations must the President consider before giving sanction for a Bill or amendment related to the official language?
A. The Prime Minister and the Chief Justice
B. The Official Language Commission and the Parliamentary Committee on Official Language
C. The Union Cabinet
D. The Governors of all States Correct Answer: B. The Official Language Commission and the Parliamentary Committee on Official Language
Previous Year Mains Questions Related to Article 349
- Mains 2016: “Discuss the significance of Article 349 in the context of India’s linguistic policy. How does this special procedure ensure a balanced and well-considered approach to language legislation during the initial years of the Constitution?”
- Mains 2019: “Evaluate the impact of the special procedure outlined in Article 349 on the enactment of language-related laws in India. What challenges and benefits have arisen from this provision?”
Additional Insights:
- Transitional Safeguard: Article 349 served as a safeguard during the transitional phase, ensuring that any changes to the language policies were made with due consideration and expert advice.
- Centralized Decision-Making: The requirement for Presidential sanction centralized the decision-making process, promoting a uniform and balanced approach to language legislation.
- Expert Recommendations: By mandating the consideration of expert recommendations, Article 349 ensured that language policies were based on comprehensive assessments and practical considerations.
Understanding Article 349 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for the special procedure for enacting language-related laws, highlighting the importance of a balanced and well-considered approach during the initial years of the Constitution. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the linguistic policies within the Indian Constitution.