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JAWAHARLAL NEHRU AND THE LANGUAGE PROBLEM

Author(s): S.K. Agrawala


Source: Journal of the Indian Law Institute , January-March 1977, Vol. 19, No. 1
(January-March 1977), pp. 44-67
Published by: Indian Law Institute

Stable URL: https://www.jstor.org/stable/43950462

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JAWAHARLAL NEHRU AND THE LANGUAGE PROBLEM

S.K . A gr aw ala*

VISIONARIES ENTERING politics become humanists. So happened w


Jawaharlal Nehru. Additionally, in his case the visionary met challenge
politics, in the tempering atmosphere of his extraordinary erudit
information and a special sensitivity for history. His appraisal of natio
situations and problems thus was inclined to cross confines of sh
political advantage and achievement. Confronted with the highly comp
and controversial issue of the language policy for the country, he balan
the claims of political expediency, linguistic aesthetics and people's emotiona
sensitivity. In search of solution he looked towards East and We
(specially Europe), power of majority and just rights of minorities, an
sought help from Milton1 and Gandhi.2
The problem was really immense. George Grierson in his monumen
work Linguistic Survey of India 3 mentions the existence of 179 langua
and 544 dialects in undivided India. According to the 1951 Censu
India there were a total of 845 languages or dialects spoken in India. T
1961 census mentions 1,652 mother tongues of which 103 were foreig
mother tongues. Eighty-seven per cent of the total population has, howe
been classified by the 1961 census as speaking the fourteen major langu
specified in the original eighth schedule to the Constitution and Englis
Out of the 439 million people of India in 1961, only 30 million can be s
to be bilingual.5 Thus, less than seven per cent know an Indian langua

* Professor and Head, Department of Law, University of Poona.


1 . See quotation cited by Nehru from a letter written by Milton to one ot his îrie
in Unity of India, (Collected Writings of Jawaharlal Nehru, 242, 1937-40).,
2. He recalled Gandhi's approach to language in the Constituent Assembly on
Sept. 13, ' 1949 when the Munshi-Ayyangar formula was being discussed; IX C.A.D.
at 1410: '
( а ) English, though a great language and has done a lot of good to India, could
never be the language of the people, being a foreign language.
(б) Language should be more or less a language of the people, not a language of
a learned coterie.
(c) The common language of India should represent the composite culture of the
country.
For Gandhi's ideas on language see, M.K.Gandhi, Thoughts on National
Language (Navajivan Publishing House, 1956). See also, Z.A. Ahmad, National
Language of India: A Symposium , (Kitabistan, Allahabad, 1941), for the views
of the then leading personalities on language.
3. G.A. Grierson, I Linguistic Survey of India, part I, (1903-1928).
4. I Census of India , 1961, Part Il-c (//), Language Tables (Delhi: Manager ol
Publications, 1964).
5. Id. at 437-517, for data on bilingualism.

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1977] JA WAHARLAL NEHR U AND THE LANG U AGE PROBLEM 45

other than their mother tongue. Hindi speakers were calculated at 30.37
per cent of the total population which are mostly in North India, and
English speakers at .05 per cent.6
The principal languages amongst these are the Sanskrit-based langu-
ages - Hindi, Bengali, Marathi and Gujarati, and the Dravadian languages
of Tamil, Telugu, Kannada and Malayalam. Sanskrit in India's long history
made its impact throughout the country and contributed significantly to the
development of all the Indian languages. But these languages, nevertheless
remained separate and distinct, with their own grammar and script. Urdu
developed towards the fall of the Moghul empire around the court circles and
replaced Persian which was the court language under the Moghuls. It was
hardly distinguishable from Hindi, but for the script, in the beginning. With
the establishment of the British rule English came to be adopted as the
language for official correspondence and higher education throughout the
country and as the medium of communication for the Indian intelligentsia.
From the middle of the nineteenth century Hindi and Urdu began to draw
away from each other, and the Hindi-Urdu controversy took a distinct
communal turn. In the early days of the freedom struggle English was the
exclusive language used for the expression of India's political aspirations.
With the appearance of Gandhi on the political scene, emphasis was shifted
from English to Hindustani to make a direct appeal to the illiterate masses
possible, and also, probably, as a solution to the Hindu-Muslim animosity.
The regional languages gained an emotive appeal only after the reorganisa-
tion of states subsequent to the year 1955.7 During the freedom struggle
their role was discussed only theoretically, though in 1925 the Indian
National Congress had adopted them for the proceedings of the provincial
Congress committees.

Nehru viewed a living language as "a throbbing, vital thing, ever chang-
ing, ever growing and mirroring the people who speak and write it."8 He
fully appreciated and forcefully conveyed the value of language as an instru-
ment for knowing one's own society and other societies, as also an
important integrating/disintegrating factor between two languages or two
countries,9 and as "a vital matter for their (people's) development,

6. Though about 2,23,000 returned English as their mother tongue, more than eleven
million returned as knowing English. Hindi had only nine million second language
speakers. But obviously numbers alone cannot be an adequate indication of the relative
importance of a particular language in the life of a country.
For an analysis of other factors see, J. Das Gupta, Language Conflict and National
Development 31-68. (University of California Press, 1970).
7. In 1956 the States Reorganisation Act was passed.
8. Supra note 1 at 242.
9. IX C.A. D : Official Report, Nos. 20-38 (1949), 1409, 1409, 1411, while speaking
in the Constituent Assembly on Sept 13,1949 on the Munshi-Ayyangar formula on
language, which ultimately was accepted as the basis of the constitutional provisions on
language.

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46 JOURNAL OF THE INDIAN LA W INSTITUTE [Vol. 19 : 1

whether it is education, administration or any other matter."10


Nehru's whole approach to the language question was based up
certain fundamentals which he emphasised before all audiences. T
these methodically: (a) Faith in the organic and voluntary developme
language(s). Attempts to force its growth in any particular direction
thought, "are likely to end in distorting it and crushing its spiri
( b ) Catholicity of outlook, and consequent firm belief in the development
all languages spoken in India, not merely those mentioned in the eig
schedule of the Constitution.12 He mentioned French, Portuguse
sindhi,13 as illustrations, (c) Undeterred conviction that languagues g
through inter- action. 14 This interchange he considered necessary not
between Hindi and Urdu, but between all the other languages of
country,15 as well as with foreign languages16 (particularly in the mat
technical vocabulary17). ( d ) Belief that a language "has its roots in t
masses, though its superstructure may represent the culture of a few
Politically too, he fully realized that the masses could/can not be car
with psychologically, emotionally or practically in any way except thr
their language.19 (e) Strong conviction in flexibility and a very large meas
of common consent in the approach to the question of language. Bein
born liberal and a democrat, rigidity and intolerance in this regard
anathema to him.
He genuinely believed that despite the vast size of the country, India has
singularly few languages and these are intimately allied to each other.20
"However numerous the difficult problems India has to solve, the language
clearly is not one of them",21 he observed in 1937.
It is self-evident that in the shaping of this outlook on language the
influence of Gandhi - his political mentor - his identification with the teeming

10. 3 Jawahar Lai Nehru s Speeches, 172 (Govt, of India Publication). Spcech during
debate on the S R.C. Report. Lok Sabha, December 21, 1955. (hereinafter referred to
as the Speeches).
1 1 . Supra note 1 at 242-243 ; the Speeches , 4 :54 (speech in the Lok Sabha on August
7, 1959).
12. The Speeches , 4:52, 53, 58 (speech m the Lok Sabha on August 7, 1959).
13. Sindhi was added to the eighth schedule by the Constitution (Twenty-first
Amendment) Act, 1967. French and Portuguese were/are spoken in areas earlier under
French and Portuguese possession respectively.
14. Speeches , 3:173; also at 203 (speech on the States Reorganisation Bill in the Lok
Sabha, July 30, 1956); the Speeches, 4:62 et seq. (inaugural speech at the exhibition of
Urdu newspapers and books, New Delhi, October 19, 1961).
15. Th s Speeches, 4:63.
16. The Speeches , 3:174.
17. lhe Speeches, 4:49, 50.
18. Supra note 1 at 242. "If a language loses touch with the people, it loses its vitality
and becomes an artificial, lifeless thing, instead of the thing of life and strength and joy
that it should be".
19. The Speeches, 4:54.
20. Supra note 1 at 241 ; the Speeches , 4:65,
21. Supra note 1 at 21.

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1977] JAWAHARLAL NEHR U AND THE LANGUAGE PROBLEM 47

millions of India, Congress policies,22 political exigencies operating in the


country, and last but most relevant, his upbringing in a most liberal and
cosmopolitan atmosphere, had a significant part to play.
In 193 723 Nehru wrote a remarkably comprehensive and well-reasoned
article on 'The Question of Language' which is the quintessence of his
thinking on the subject. Subsequent changes in his writings and utterances
are few and seem to be more the result of political pressures and compro-
mises than that of any genuine shift in convictions. It portrays Nehru fully -
the politician, the thinker and the humanist. Urgent and precious demand
for national unity did not blur his view to emotional affiliation of individual
groups for their respective languages. Nor did it impress him to ignore
linguistic aesthetics. Each factor was fully appreciated. Broadly speaking,
it is a comprehensive understanding of language conflict in a plural back-
ward society burdened with alien rule. However, the plan is not free from
traces of romantic idealism or probably an unrealistic patriotic optimism.
Proposals in short were as follows.
Hindustani

1. The common all-India medium of communication will be Hindustani


since it is spoken by twenty millions and partly understood by scores of
millions of others; it is relatively easy to learn and its grammar is simple.
Hindustani includes both Hindi and Urdu, as spoken and as written in the
two scripts. Many dialects of Hindustani that have arisen in northern and
central India will tend to disappear and a certain standardisation will set in
with mass education.
The two scripts - Devanagari and Urdu- are utterly different from each
other and there is no possibility of either of them assimilating the other.
Therefore, both should have full play.
It would be open to any person throughout India to address a court or
public office in Hindustani (either script) without any obligation to give a
copy in another script or language.
In the Hindustani-speaking area both Hindi and Urdu with their scripts
shall be officially recognised. Public notifications should be issued in both
scripts.
2. A basic Hindustani should be evolved out of Hindustani on the lines
of basic English - a complete language good enough for all ordinary speech
and writing. The idea was aimed at bringing Hindi and Urdu closer
together, developing an all-India linguistic unity, as also to forge a unity
between the two communities - Hindus and Muslims, through a common
language. Munshi Prem Chand, a reformist novelist in the home state of

22. See, M.K. Gandhi, supra note 2 at 21, 30; Indian National Congress: Resolutions
on Language Policy 1949-1965, (All India Congress Committee, New Delhi).
23. Congress Political and Economic Studies - 5 (1937) (published on behalf of the All
India Congress Committee, Allahabad). It has been reproduced in several ether
publications including Unity of India , supra note 1.

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48 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol. 19: 1

Nehru, had successfully experimented in Hindustani. It is significan


thought of Hindustani only as an official language24 - the lang
courts, offices and education. He never called it the national l
India.

Provincial languages

Our public work and state education should be carried on in the


language of each linguistic area. "It is axiomatic that the masses can only
grow educationally and culturally through the medium of their own
language". This language should be the dominant language in that area.
Indian languages to be recognised officially for this purpose are:
Hindustani (both Hindi and Urdu), Bengali, Gujarati, Marathi, Tamil,
Telugu, Kannada, Malayalam, Oriya, Assamese, Sindhi and, to some
extent, Pushtu and Punjabi.
In the face of the national calamity of foreign rule, future complications
to emerge in this area either could not be anticipated or were naively or
deliberately ignored.

English

English cannot be adopted as the common all-India medium of com-


munication since we cannot educate millions of people in a totally foreign
tongue. It will be the principal medium for us to communicate with the
outside world, though not the only medium for this purpose.
Again, the practical difficulties and the consequent resistance that were
to follow in the attempts to replace English by an Indian language could not
possibly have been appreciated at that time.

24. It may be noted that in the early phases of the freedom struggle there was no
precision in the use of the expression common language, national language and official
language; and the three were used interchangingly. Gandhi called for the acccptance of
Hindustani as the 'common' language, Nehru as the 'all-India' language and C. Rajagc-
palachari as the 'national' language. Nehru, however, perceived the all-India language
as approximating an official language, as well as an inter-rcgicnal link language. See,
Z.A. Ahmad (ed.). supra note 2 at 34, 71 , 201, for their views.
Perhaps the distinctions though significant in a multilingual society, were of
relatively less consequence at that time when the main concern v'as political freedom.
See J. Das Gupta, supra note 6 at 36-39. Das Gupta suggests that for analytical purposes
an official language should imply an accepted language of administration as well as a
msans of communication between the government and the governed. Common language
should stand for a generally comprehensive code of corr.mur ication used throughout the
nation. The criteria of a national language may be in its bsing a natural speech of a
major linguistic community for which the members of the group nurture a primordial
affection.
In Switzerland, German, French, Italian, and Romanche are the national
languages; but only the first three have the status of official languages of the federal
system, and none can claim to be the common language of Switzerland. Hebrew in
Israel and Bahasa Indonesia in Indonesia are being created as common languages
through a conscious language policy.

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1 977] JA WA HA RLA L NE HR U AND THE LA NGUA GE PROBLEM 49

Script

1. An attempt should be made to unify the Devanagari, Bengali,


Gujarati and Marathi scripts and to produce a composite script suited to
printing, typing and the use of modern mechanical devices.
2. The Sindhi script should be absorbed in the Urdu script which should
be simplified, to the extent that is possible, and suited to printing, typing, etc .
3. The possibility of approximating the southern scripts to Devanagari
should be explored. In the alternative, a common script for the southern
languages - Tamil, Telugu, Kannada and Malayalam, ought to be attempted.
4Ē It is not feasible to adopt the Latin script in spite of its definite
advantages over the Indian scripts with reference to the use of mechanical
devices. It is associated with our alien rulers, and also scripts are essential
parts of our literatures; without them we shall be cut off from our old
inheritances.
He, thus, envisaged for the future, two scripts: the composite
Devanagari - Bengali - Marathi - Gujarati and the Urdu, and also if
necessary, a composite southern script. The details may bear difference of
opinion, yet the idea of minimising plurality of scripts in the country was
pregnant with foresight.

Language for education

1. The policy governing state education should be that education is to


be given in the language of the student.
2. In each linguistic area education from the primary to the university
stage will be given in the language of the area.
3. Even within a linguistic area if there is a sufficient number of students
whose mother tongue is some other Indian language, they will be entitled
to receive primary education in their mother tongue.
It may also be possible, if the number is large enough, to give them
secondary education also in the mother tongue.
Such students will have to take, as a compulsory subject, the language
of the linguistic area they live in (in the early secondary stage and after).
4. In the Hindustani-speaking provinces both Devanagari and Urdu
scripts will be taught in the schools, the pupils or their parents choosing
between them. In the primary stage only one script should be used but
the learning of the other script should be encouraged in the secondary stage.
Minorities were thus expected to be assured of preserving their interests.
5. In the non-Hindustani-speaking provinces basic Hindustani should
be taught in the secondary stage, the script being left to the choice of the
person concerned.
6. University education should be in the language of the linguistic area
(except probably in case of Pushtu and Punjabi which are not sufficiently
developed); Hindustani (either script) and a foreign language being compul-
sory subjects.

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50 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol. 19: 1

The compulsion of learning additional languages need


higher technical courses.
Strangely enough it was not realised that university educatio
languages would eventually result in regional inbreeding i
circles, and make communication even amongst the intellig
if not impossible.
7. Provision for teaching foreign languages as well a
languages should be made in our secondary schools but the
not be compulsory, except for certain special courses, or
for the university stage.
8. Translations should be done of a considerable number of classical and
modern works in foreign literatures into the Indian languages, so that our
languages might develop contacts with the cultural, literary and social
movements in other countries, and gain strength thereby.

Technical vocabulary

There should be a precise and uniform vocabulary for technical - scienti-


fic, commercial, political, etc.- words common to Hindustani and other
Indian languages and bodily adopted. Lists of other words from our own
languages should be made. "An attempt to have a separate and distinct
scientific vocabulary is to isolate and stultify our scientific growth and to
put an intolerable burden on the teacher and taught alike".
With reference to Hindi-Urdu controversy he traced the growth of Hindi
and Urdu and pointed out how separatism grew in the second half of the
nineteenth century with the growth of political and national consciousness
which, to begin with, took a communal turn. "Scratch a separatist in
language and you will invariably find that he is a communalist and very
often a political reactionary", he observed. As nationalism became truly
national, the desire to stop this separatist tendency in language grew with it,
and intelligent people began to lay stress on the innumerable common
features of Hindi and Urdu. (That is how the concept of Hindustani came
to be patronised and emphasised by the Indian National Congress). Nehru
believed that this separatism in language is bound to disappear with the
fuller development of nationalism. He thought that the forces favouring
this unification - nationalism, rapid communications and transport, inter-
change of ideas, revolutionary changes going on in the political and social
spheres, and spread of education to masses - are too strong to be resisted
by individuals.
He was vehemently opposed to highly artificial literary language cut
off from the masses, and written merely for the literary coteries. He
emphasised that courtly and affected style and flowery phrases should be
discouraged and a simple vigorous style accessible to masses and drawing
sustenance from the soil developed. Apart from its other advantages, he
believed that this would also lead to uniformity between Hindi and Urdu.
Being a Kashmiri Brahmin he was well exposed to Urdu and Persian and

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19771 JAWAHARLAL NEHRU AND THE LANGUAGE PROBLEM 51

must have been influenced by the trend of simple and inornate


initiated by the great poet and writer Ghalib. Besides, he sincer
common man. An aristrocrat by birth and temperament he wa
ardent socialist willing and insistent to share all resources, m
material, with the commoner. An elitist language was cont
grain.
In 1937, Hindu-Muslim differences, nurtured by British imperialistic
policies, were acute. Movement for the recognition of Hindi in Devanagari
script for courts, officiai purposes and education in northern India boome-
ranged with the growth of a parallel movement for the retention/recognition of
Urdu.25 Hindi-Urdu controversy became just a reflection of Hindu-Muslim
differences. Thus the basic language question at that time was the resolving
of the Hindi-Urdu controversy. The solution of the All-India National
Congress, of Nehru, Gandhi and other leaders for it was Hindustani (in
either script)26 written in a simple style accessible to the masses.
Question of regional languages and that of the retention of English were
not as yet obsessing the minds of the people, because they had not become
practical problems till then. In order to hasten the growth of political
consciousness among the masses and make itself broad-based, Congress had,
however, adopted regional languages for its activities in the provinces and
found it to be extremely rewarding. It is, therefore, remarkable that Nehru
could give such a comprehensive future language policy for the country in
which Hindustani, Hindi/Urdu, English and other foreign languages, regional
languages, language of education at all levels and basic guidelines for the
growth of languages and scripts in the country fell in their proper places.
It is remarkable still, as the following discussion would reveal, that he
stood by most of these ideas up to the very last and it is no small measure
that they are reflected in the language provisions of the Constitution of
India.

II

Though "considerable efforts were made under Gandhi's initiative to


spread the study of Hindustani throughout India, but at the time the
Constituent Assembly began its work in 1946 very little real progress had
been made towards its becoming an all-India language."27 In the Congress
itself there was strong division between those advocating Hindustani and
others pressing for Hindi in Devanagari script.

25. For a summary of these developments, see J. Das Gupta, supra note 6 at 69-126.
26. The Congress officially adopted the following policy resolution in 1925: "The
proceedings of the Congress shall be conducted, as far as possible, in Hindustani. The
English language or any provincial language may be used if the speaker is unable to
speak Hindustani or whenever necessary. Proceedings of the Provincial Congress
Committee shall ordinarily be conducted in the language of the Province concerned.
Hindustani may also be used". See, M.K. Gandhi, supra note 2 at 21.
27. B. Shiva Rao, The Framing of India's Constitution : A Study , p. 783, (1968).

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52 JOURNAL OF THE INDIÁN LAW INSTITUTE [Vol. 19 : 1

The partition of the country was not yet a decided f


Constituent Assembly started functioning on Decembe
Assembly in its Rules of Business adopted Hindustani (Hin
English, with the permission to use the mother tongue also
cases.28 This was adopted as the best compromise at the
much controversy. It is significant that the movement (whi
from the Hindi group) was not for having Hindi instead o
but for having Hindustani alone to the exclusion of English
not participated in this debate.
Jawaharlal Nehru was the Chairman of the Union Constitution
Committee set up by the Constituent Assembly (April 30, 1947). Its repor
was submitted to the President of the Assembly on July 4, 194730
by Nehru, and was taken up by the Constituent Assembly for discussion o
July 21, 1947. It is significant that by then partition of the country had
been announced in the policy statement of the British Government on
June 3, 1947. This report had not considered the question of nationa
language as such, but only the limited issue of the use of language in th
Federal Parliament. This provision followed the corresponding provision
of the Rules of Procedure of the Constituent Assembly, discussed above.3
Adoption of Hindustani or English as Parliament's language would
have been to Nehru's heart, but this was not to be. The discussion was
postponed32 because of the emergence of the language controversy in an
acute form. To the Hindi supporters, both inside the Congress and out-
side, Hindustani lost its raison ďétre after the decision for the partition o

28. I C.A.D. No. 11. 232-8 (original report).


Rule 18: "In the Assembly, business shall be transacted in Hindustani (Hindi or Urdu) o
English, provided that the Chairman may permit any member who cannot adequately
express himself in either language to address the Assembly in his mother tongue. Th
Chairman shall make arrangements for giving the Assembly, whenever he thinks fit
a summary of the speech in a language other than that used by the member and suc
summary shall be included in the record of the proceedings of the Assembly.
"The official records of the proceedings of the Assembly shall be kept in Hindustan
Cboth Hindi and Urdu) and English".
The first occassion for the language controversy to be raised in the Constituen
Assembly was the second day (Dec 10, 1946) itself when a member wanted the rules o
Procedure to be framed in Hindustani which may be translated into English (se
I C.A.D. 26).
29. See, J. Das, Gupta, supra note 6 at 130 et seq., for an analysis of linguisti
rivalry after independence and the strategy of Hindi leaders.
See also, Granville Austin, The Indian Constitution: Cornerstone of a Nation 265-30
(Clarendon Press, Oxford, 1966), Language and the Constitution- The Half-hearted
Compromise; Michael Brecher, Nehru - A Political Biography (Oxford University Press
1959), 37, 42, 54, 235, 236, 422, 424, 450, 487,489-493 & 500.
30. For Nehru's letter to the President of the Constituent Assembly see IV C.A.D
737.
31. Supra note 28.
32. IV C.A.D. No. 11 933 (July 28, 1947) (original report).

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1977] JA WA HA RLAL NEHR U AND THE LA NG U A GE PROBLEM 53

the country.33 What was the point of pacifying Muslims when they were
forming a separate state, was the common reaction.
Eventually84 the provision adopted was that for fifteen years business
in Parliament shall be transacted in Hindi or in English. The use of
mother tongue was to be permitted by the chairman in exceptional
circumstances. However, use of English in Parliament was given a life of.
fifteen years, unless otherwise provided by Parliament by law.35 The
Official Languages Act, 1963 did so provide.
The language issue again88 flared up in the general discussion on the
Draft Constitution.37 The Draft, however, carried no provision on the
general issue of language. Bengal and South38 reacted to the attempts to
impose Hindi on vast sections of the people who were not acquainted with
the language. The handicaps from which they would suffer thereby in
government services and education, etc.y were too patent. The pressure
for the continuance of English indefinitely (or for as long as possible)
either as the official language or as an additional language, therefore,
mounted. Nehru, participating in the debate referred to this issue and
pleaded for the discussion of the question in an atmosphere of goodwill
and calm. "... when heat and passion are there, the mind is clouded".39
He said that a free and independent country must function in its own
language, and pointed out that the fact that he and so many other
members had to address the House in a foreign language itself showed
that something was lacking. But he cautioned against any imposition by a
majority on an unwilling minority. "Language ultimately grows from the
people; it is seldom that it can be imposed," he observed. The bitter
language controversy had convinced Nehru by then that he could not carry
the whole House with him. He observed :

33. The Indian Independence Act, 1947 (9 & 10 Geo. 6 C. 31) gave this compromise
a legal character. See, B. Shiva Rao, supra note 27 at 1-92, for a summary of constitu-
tional developments. "If there had been no partition, Hindustani would without doubt
have been the national language", observed K. Santhanam {cf. Granville Austin, supra
note 29 at 277).
34. See, Select Documents III, 6, articles 99 and 184, pp. 553, 585-6; IV, l(ii),
p. 404 for intermediate developments.
Ths provision for language in Parliament was taken up on Sept. 17, 1949 after
the general issue of language was decided by the Constituent Assembly on Sept. 15.
35. IXC A.D. 1666-8. This ultimately became article 120 of the Constitution.
The corresponding provision for language in state legislatures (excepting Jammu and
Kashmir) is article 210 providing for the use of official language(s) of the state, Hindi
or English, with English to be dropped after 15 years unless otherwise provided by a
state legislature by law.
36. For a summary of the intermediate stages through which the language discussion
passed in the Constituent Assembly, see , B. Shiva Rao, 784-789, supra note 27.
37. For the various speeches most of which touched on the language question also.
See VII C.A.D. pp. 209-395.
38. See also,T.T. Krishnamachari's warning, id. at 235.
39. Id. at 320-321.

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54 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol. 19: 1

For my part I have a certain conception of what an a


language should be. Other people's conception may no
the same as mine. I cannot impose my conception on
or on the country as any other person will not be able to
or her conception unless the country accepts it.

Nehru's persuasion had a sobering effect, and the langua


were taken up by the Constituent Assembly towards the clo
When the very first article of the Draft Constitutio
considered, controversy arose whether the term 'state' be
'pradesh' It was too much for Nehru to let it go on. He
think it would be unfortunate if we brought in those particular
in this way, as if by a side door."40 The reference obvisou
protagonists of Hindi. He advocated an approach that th
people understand, and pleaded for the retention of the normal
in the Constitution which was being drafted in English.
Search for a commonly agreed language formula cont
Congress Working Committee passed a resolution on Au
stipulating inter alia that for all-Tndia purposes there wou
language, and during a transition period not exceeding fifteen y
may be used, provided that the State language will be
utilized until it replaces English. But because of Hindi-
controversy, the resolution avoided specifying what the o
language should be. However, the Congress party in Constituent
Assembly which met on August 11, 1949, was unanimously of the opinion
that Hindi in Devanagari script should be the official language.42 A sharp
difference of opinion, however, still existed in the Congress Assembly party
and in the Constituent Assembly on (a) the period after which English
should be replaced by Hindi; and the status of English vis-a-vis Hindi
during the transition period and thereafter; and ( b ) the form of numerals
(Devanagari or international). At first, the general sentiment in favour
of an Indian national language blinded all concerned to the problems
involved. But as the members framed the language provisions, they
became aware of the difficulties and of their disagreements.43 After
considerable discussion an elaborate scheme was prepared by the Drafting

40. Id. at 411.


41. See, Indian National Congress , Resolutions on Language Policy , 2. 1949-1965.
42 The Hindu (Madras), August 12/13, 1949. {cf. B. Shiva Rao, supra note 27
at 792).
43. See, supra note 29 at 267.
Problems of language were an everyday affair. Language meant the issue of mother
tongue instruction in primary schools, as well as the question of the medium of
instruction in universities. The language of the Union and provincial civil services meant
money and social status to the middle and upper classes. Politicians and administrators
were to be no less affected by the language provisions. It also involved the cultural and
historical pride of the linguistic groups, and religious sentiments of some others,
particularly Muslims and Sikhs, (pp. 268-269).

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1977] JAWAHARLAL NEHRU AND THE LANGUAGE PROBLEM 55

Committee44 which, according to Ambedkar, expressed the greate


common measure of agreement. Reportedly Nehru also was in favour o
the proposals of the Drafting Committee.45 He must have played a larg
part in the emergence of this consensus. Ultimately K.M. Munshi a
Gopalaswami Ayyangar worked out a detailed draft essentially based on
the Drafting Committee proposals.46
The language question was finally taken up by the Constituent Assemb
towards the end of its work on September 12, 1949. There were as man
as three hundred and more amendments tabled.47 Certain amendments did
propose Hindustani (in both scripts) as the official language, but it was now
flogging a dead horse.
Munshi- Ayyangar formula48 which was the result of a great deal of
discussion and compromise, in short proposed: Hindi in Devanagari
script as the official language of the Union,49 and the language of

44. See, B. Shiva Rao, supra note 27 at 792-793, for a summary of the Drafting
Committee proposals.
45. Id. at 794. There are, however, no official records available of the proceedings of
the Congress party in the Constituent Assembly. Seth Govind Das, a staunch prota-
gonist of Hindi, has himself referred to the influence of Nehru in the votings in the
Congress party, Atma Nirikshan , 3: 128-130.
46. Munshi-Ayyangar draft was moved by them in the Constituent Assembly in
their personal capacity and free voting was decided upon, since the members of the
Congress party which met on Sept. 2, 1949, were equally divided over the issue whether
or not the draft should be adopted as an official proposal on behalf of the Drafting
Committee. ( The Hindu (Madras), Sept. 3, 1948).
An erroneous impression had gained ground that the Constituent Assembly
had adopted Hindi by a majority of only one vote. Kuldip Nayar, writing
about it has observed, "The facts are that before the language chapter was put
before the Constituent Assembly, it was discussed at a meeting of the Congress
party members .... Jawaharlal Nehru, the then Prime Minister, proposed
that Hindnstani be adopted as the official language of the Union

meeting, Nehru's proposal was defeated by a


Constituent Assembly, the decision of the Con
without much fuss or opposition. " Between the L
at 55, 56.
It is, however, not clear to which meeting this reference was made by Nayar.
Different accounts of it are given. See, J. Dass Gupta, supra note 6 at 136, citing
Govind Das, Atma Nirikshan , 3: 128-300; Granville Austin, supra note 29 at
299-300 links to division over numerals in the party meeting of August 26, 1949.
This seems to be more authentic.
47. IX C.A.D., 1312. See also, List of Amendments received on August 7 and 8,
1948 (not published), {cf. B. Shiva Rao, supra note 27 at 791, foot note 1).
48. Id. at 1321-1323.
49. Granville Austin has commented, "Yet they (members of the Constituent
Assembly) could not avoid giving one of the regional languages special status, so they
provided not that there be a national language, but, using a tactful euphemism , that
Hindi should be the official language of the Union", (emphasis added) supra note 29
at 266.
Obviously, designating Hindi as the national language would probably have
evoked a resistance from the non-Hindi-speaking states, and a compromise would have
been difficult.

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56 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol. 19 : 1

communication between the Centre and states and between the s


international form of Indian numerals; switch-over to Hindi
programme spread over a period of fifteen years; English to
official media for the interim period; regional language
according to the wishes and claims of residents) or Hindi f
purposes of the states; English for the functioning of higher
for authoritative legislative texts both at the Centre and in
commission representing the various regional languages and
committee thereafter, to periodically (after 5 years and th
examine and report to the President inter alia on progressive
English by Hindi taking into account the industrial, cultura
advancement of India and the claim of non-Hindi speaking a
to public services. It also included a direction to the Union
Hindi in its development serves as a medium of expressi
elements of the composite culture of India, and for its enrichme
Hindustani and other Indian languages for its style and exp
primarily on Sanskrit for its vocabulary. The regional langua
in a schedule.50
Proposed plan was not fault free yet, it appeared as an acceptable
solution. It could pacify ardent supporters of Hindi by its adoption of
Hindi as the official language, appease non-Hindi-speaking people by the
continuance of English as the official language at the centre and providing
for regional languages in the states and soothe anxious linguistic minorities
in states by providing for the recognition of their language(s) too by the
states. Above all, it offered some breathing time to avoid confusion, chaos
and emotional dissatisfaction inherent in a sudden switch-over to Hindi.
Frankly, neither all were ready to the takeover by, nor all was well with
Hindi as a potential to take charge immediately. Both needed time to reach
the stage of preparedness.
Nehru made an impassioned plea for the adoption of the Munshi-
Ayyangar proposal, not because he thought it to be perfect, but because this
integrated solution was the result of continuons efforts and endeavour,
thought and consultation. And since it was an integrated solution, it was
not open to piecemeal alternations which can be an unending process.
It was difficult for Nehru to shed Gandhi's teachings and his own
convictions reared under Gandhi overnight. He observed:

...that approach of Mahatmaji was the right approach. I should


have liked to see somewhat greater emphasis on that in this Resolu-

50. Ultimately it became the eighth schedule of the Constitution, with the only
change that Sanskrit was also added in the list.
According to Nehru the regional languages should be enumerated so that they
would be assured their due place in the New India. ( The Hindustan Times , August 24,
1949). And he once suggested that they be called 'Officially recognized languages'
instead of regional languages. (Nehru's letter to Ambedkar, etc., August 23, 1949, Law
Ministry Archives, File CA/19 (11) Const/49.

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1977] JAWAHARLAL NEHR U AND THE LANGUAGE PROBLEM 57

tion, but because of all that has happened, when ultimately this
Resolution took shape I accepted it as at any rate in a certain part of
it attention is drawn to this fact that I have mentioned ... If unfor-
tunately that attention had not been drawn there, then it would
have been very difficult for me to accept this Resolution.51

His reference obviously was to the direction to the Union, mentioned


above, (which is now article 351 of the Constitution), i.e., Hindi was to
secure its enrichment by assimilating Hindustani forms, style and expres-
sions and those of other Indian languages. This reference to
Hindustani was all that Nehru and other staunch advocates of Hindustani
could salvage. It is significant that no Hindi-speaking state has adopted
Hindustani as its official language and it does not find a mention even in the
eighth schedule.
The case for Hindustani having been totally lost, Nehru was still keen
that Hindi which was adopted as the official language should develop as
the language of the common people, with a streak of Urdu or a mixture of
Hindustani. In his characteristic style he exhorted the House to be
forward-looking and assimilate the values of the industrial culture,52 and
not to keep on looking backwards all the time. His reference was to the
advocates of Sanskritized Hindi.
Regarding English, he recognized that "it opened the doors and
windows of foreign thought, foreign science etc., and we learnt much by it".
But, he appreciated, the real problem was the wide gulf between the
English-knowing elite and a large mass of people not knowing English. So
it could not be the official language. Nevertheless, he felt convinced that
English must continue to be the most important language in India because "it
is undoubtedly today the nearest approach to an international language".53
"It is absurd for us to try to forget what we know or not take advantage of
what we have learnt. But it will have to be inevitably a secondary
language, meant for a relatively restricted number of people." Thus he
thought of English as the language for contact with the world outside and
the world of science.
Surprisingly, the controversy over the form of numerals was acute.54
Munshi-Ayyangar compromise was "the international form of Indian
numerals". Nehru gave all-out support to it because (a) in official use

51. Supra note 2 at 1411.


52. Id. at 1412-13. Earlier in 1948 when Nehru saw a copy of the Hindi trans-
lation of the Constitution (which was highly Sanskritized), he wrote to Rajendra Prasad,
"that he did not understand a word of it". (Related by Rajendra Prasad to G. S. Gupta
in a letter of June 29, 1948. Prasad Papers, File I-H/47-8-9.).
53. Id. at 1414.
54. A voting in the Congress party exhibited equal division for and against inter-
national numerals. The members from the South threatened that if Devanagari numerals
were foisted on them, the provision in the Constitution to that effect would remain a dead
letter. See, B. Shiva Rao, supra note 27 at 793; The Hindu (Madras), August 25, 1949;
Granville Austin, supra note 29 at 294-295.

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58 JO URNAL OF THE INDIAN LAW INSTITUTE [Vol. 19 : 1

where all kinds of statistics on banking and auditing and census,


in, international numerals are an undoubted advantage; (b) they r
least one major barrier between India and other countries; and
count so much these days in the development and application of
(c) it would mean a tremendous burden on the minds of children and
grown-ups, increase in work in governmental offices and elsewhere and
isolation of that work from the rest of the world, if international numerals
are dropped ; (d) printing in case of international numerals is more con-
venient. To assuage sentiments of the enthusiasts of Devanagari numerals
he said, "...we are not adopting anything foreign; we are adopting some-
thing of our own which is slightly varied...."55
The Munshi-Ayyangar draft was adopted by the Constituent Assembly
with overwhelming majority with certain changes moved by Munshi,56
which made some further compromise. These ultimately became articles
343 to 351 of the Constitution of India. Two new articles were added
(articles 350A and 350B) by the Constitution (Seventh Amendment) Act,
1956. Sindhi was added to the eighth schedule by the Constitution
(Twenty-first Amendment) Act, 1967. Article 350A contains a directive to
every state and every local authority to provide adequate facilities for
instruction in the mother tongue at the primary stage to children belonging
to the linguistic minority groups ; and empowered the President to issue
appropriate directions for the purpose. This was completely in accord
with the thinking of Nehru that primary education is to be given in the
language of the student.57 Article 350B provided for the appointment of
a special officer for linguistic minorities to ensure the observance of the
safeguards provided for them.
There had also been some controversy over the Hindi translation of the
Constitution, and its authoritativeness. Nehru agreed that the Constitution
should be translated, but he favoured having this done by experts and not
Assembly members,58 and he continued to oppose adopting the Consti-
tution in the Hindi version. Consideration of the Hindi version in the
Assembly, he believed, would "give rise to fierce argument at every step and
on almost every word. It will thus tend to raise passions which will be
reflected in the consideration of the English version and delay matters
there".59 The English version of the Constitution must inevitably be
authoritative, Nehru told Rajendra Prasad, although many years later a
Hindi version might have equal or greater authority. As to the Irish
experience which Prasad had mentioned, Nehru had discussed it with De
Valera and had been informed that the Irish had found Gaelic 'hard going'

55. IXC.A.D. at 1416.


56. See, B. Shiva Rao, supra note 27 at 798-799, for a summary of these changes
other amendments that were moved. See also, Granville Austin, supra note 29 at
305 for a comment on these changes.
57. Supra note 1 at 261.
58. K. M. Munshi in a letter to Satyanarayan Sinha, January 2, 1949, Munshi Pa
59. Nehru to Prasad, June 5, 1949, Prasad Papers, File RP-5/49.

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1977] JA WAHARLAL NEHR U AND THE LANG U AGE PROBLEM 59

and were reverting more and more to English.60 Ultimately the issue was
given up in the Constituent Assembly.

Ill

It has been remarked: "The Constitution in its articles relating to


language is concerned more with difficulties of achieving results than with
the necessity of doing things effectively and promptly."61 Another percep-
tive writer has commented, "It is no wonder that these language provisions
are complicated, occasionally ambiguous, and sometimes undoubtedly
confusing",62 since they were the result of a compromise. He specifically
mentions article 351 and observes "this constitutional directive is a curious
piece, which attempts to combine so many things in its concept of Hindi that
it leaves a wide scope for conflicting interpretations."63 Thus, the proponents
of both Hindustani and Hindi have interpreted this clause in their own
lights - the non-Hindi states drawing a distinction64 between regional Hindi
and Hindi as the official language (which has to be simple and by implica-
tion has to draw from Hindustani), and the Hindi states not recognising
Urdu65 as the additional regional language and attaching no significance to
Hindustani which was not mentioned in the eighth schedule.66 Nehru was
perturbed by these trends and observed, "I should like to say quite clearly
that I deeply regret the attempts of Hindi enthusiasts to push out Urdu.. ..I
think (Urdu) has a very rich inheritance which should be encouraged and
nurtured."67 The states' reorganisation in 1956 on linguistic basis, a policy
advocated by Congress since the pre-independence days, resulted in the
assertion of the claims of regional linguistic groups. The political potentiali-
ties of a regional media of communication in order to broaden the bases of

60. Ibid.

61. S. Natarajan, "Pertinent Facts", Seminar , 68 (April 1965) 12.


62. J. Das Gupta, supra note 6 at 137. See the following pages also for an evaluative
account of the post-Constitution developments.
63. Id. at 138-139. See also, comments of Granville Austin, supra note 29, at
269.
64. See, Report of the Bombay Hindi Teaching Committee , sponsored by the Govern-
ment of Bombay in 1951 {cf. M. P. Desai, Hindi Prachar Movement , p. 34). Nehru also
supported this distinction, see, the Speeches , 3 : 293, speech to the Congress party in
Parliament, May 7, 1954.
65. Urdu is one of the state languages in Jammu and Kashmir, and an additional
language for the Telangana area in Andhra Pradesh. In U.P. according to 1951 Census
only 6.8 per cent of the people recorded Urdu as their mother-tongue against 79.8 percent
for Hindi. The States Reorganization Commission (1955) had suggested that for recogni-
tion as a second language, the population speaking the language should be 30 per cent of
the total population of the state. The Union Government had also accepted this norm
and had advised the state governments accordingly. See, Report of the U.P. Language
Committee , pp. 24-25 (1962).
66. National Herald , July 23, 1958, for the statement of the U.P. Chief Minister in
the Legislative Assembly.
67. National Herald , January 17, 1958.

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60 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol. 19 : 1

political power amongst the illiterate masses in rural areas h


realized by the political leaders. At the state level, therefore,
of regional language was steadily increasing. All the sta
adopted a regional language as their official language. This
of their separate linguistic identity resulted in increasing r
imposition of Hindi, and a desire for the displacement of E
states. The reports of the First Language Commission of 19
parliamentary committee in 1958 (as envisaged under ar
attacked by non-Hindi-speaking members of the commission
itself as placing the Hindi-speakers at an advantage for
come.68 The Hindi leaders attacked the committee recommendations as
halting and unsatisfactory in respect to spreading the use of Hindi. Nehru
again declared in 1958, "A number of Hindi enthusiasts in the past had
thrown their weight about and had been trying generally to impose their
will on others which was highly improper and harmful."69 Eventually the
campaigns of Hindi chauvinists led to preparations on the part of the
government for the eventual replacement of English by Hindi. The efforts
of Nehru and Azad in putting experts on government-appointed boards for
coining technical terms, who emphasised intelligibility more than regularity
and rigidity in codification were of little consequence and the new Hindi
moved far away from the commonly accepted Hindi speech in non-literary
communication.70 The cumulative effect of these factors was to reinforce
the opposition against Hindi from the non-Hindi language communities and
associations. It took the form of demand for the continuation of English
as an additional language even beyond 1965. This opposition to Hindi was
strongest in the osuthern states, especially in Madras.

68. Report of the Official Language Commission , 1956, p. 276, 320. Dissent of Suniti
Kumar Chatterjee and P. Subbarayan. Report of the Committee of Parliament on
Official Language , 1958, p. 82. Views of Frank Anthony, an eminent Anglo-Indian
leader.
Kuldip Nayar states that before the report was finalised, Govind Ballabh Pant
(Home Minister and Chairman of the Committee) sent the draft to Nehru for his
comments. The use of the word 'subsidiary' for English infuriated Nehru, who declared
that this expsession gave the idea that this was the language of vassals. Pant tried to
convince Nehru that the two words 'subsidiary' and 'additional' had more or less the
same meaning. Pant also pointed out that after the Official Language Commission, the
Madras Government memorandum had also used the word 'subsidiary' for English.
But, subsequently, the Government quietly substituted "additional" and "associate"
for it. Between the Lines, supra note 46 at 73.
69. The National Herald, April 5, 1958. He had consistently condemned the impatient
attitude of Hindi enthusiasts. About a decade earlier on April 18, 1949, at a ceremony
of the Central Institute of Education, New Delhi, he had observed, "Everybody knows
that obviously Hindi is the most powerful language of India. . . . But it is the misfortune
of Hindi that it has collected round it some advocates who continually do tremendous
injury to its cause by advocating it in a wrong way." Charka, May, 1949. See also,
the Speeches 3: 393-398, speech before the meeting of the Congress party in Parliament,
May 7, 1954, for his views on Hindi.
70. See, J. Das Gupta, supra note 6 at 165 et seq., at 183.

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1977] JAWAHARLAL NEHR U AND THE LANGUAGE PROBLEM 61

Speaking on a resolution of Frank Anthony for the inclusion of English


in the eighth schedule71 Nehru said that he recognised that English was an
should be considered the mother tongue of the Anglo-Indian community.
But it did not make much difference to it whether it is put in the schedu
or not.72 The policy of the government is to encourage education in th
mother tongue, e.g., even in tribal areas in the North-East Frontier Agency.
This will also apply to those whose mother tongue is English.
He significantly mentioned that the eighth schedule is not an exhaustiv
schedule of Indian languages. He cited French, Portuguese and Sindhi73
illustrations. It is only a list of the more widespread Indian languag
which are spoken by large numbers of people. He further drew attention
to article 347 of the Constitution, which gives the right to a people speaking
any language (not necessarily a language of the eighth schedule), if they ar
sufficient in numbers, to request the President to declare it as the officially
recognized language for that area.
He emphasized two things : firstly that there should be no imposition,
and secondly, for an indefinite period English should be an associate,
additional language, the ultimate decision resting with the non-Hindi-
knowing people. This assurance which became the sheet anchor of the
non-Hindi-speaking people, had ultimately to be translated into a legal
guarantee by the Act of 1967. He appreciated and was conscious of the
major change that came about through the adoption of regional languages
in the schools, but he cautioned against the risks and dangers in the Indian
languages becoming autarkies or developing a sense of separateness.
Speaking on the report of the Committee of Parliament on Official
Language in the Lok Sabha on September 4, 195974 he re-emphasized that
the technical vocabulary which is fast growing up because of the industriali-
sation of the country will arise from the scientists and technologists, and
will not come out of the class-room or the translator's room. His wrath on
the type of Hindi lexicons produced came out in the following words,
This business of some kind of slot-machine turning out Hindi words
and Hindi phrases (sic) that kind of approach is an artificial, unreal,
absurd, fantastic and laughable approach. You cannot do it.75
He again observed that it was impatient over-enthusiasim of Hindi
protagonists which came in the way of the spread of Hindi. He empha-
sized the necessity of adopting the international scientific and technological
terminology not only by Hindi but also by every language in India. He also
advocated the international numerals to be uniformly used by all Indian
languages.

71. The Speeches , 4 : 51-56 (speech in the Lok Sabha, August 7, 1959).
72. The only consequence of inclusion in the eighth schedule is that the language
would be represented on the Language Commission under article 344.
73. Sindhi was subsequently included in the schedule by the Constitution (Twenty
first Amendment) Act, 1967.
74. Lok Sabha Debates , (1959) Second Series, vol. 34, No. 25, pp. 6433-488.
75. Id. at -6442.

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62 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol. 19 : 1

Nehru realized the fact that because of the switch over t


languages as the medium of instruction at school level, a r
change and a new generation was coming up. Therefore, Eng
becomes a secondary language in India.
He duly appreciated the role of Sanskrit in the past as th
source of the North-Indian languages and as being closel
southern languages, and as the repository of ancient Indian
culture. These are the roots on which India has grown u
admiration for English, he said, people cannot be asked to tr
roots to English roots. Language comes in as an importan
nuing link for ages past, and that link was transferred from San
modern Indian languages. But as to the future, the spirit of
dharma) is science and technology, to take full advantage o
ledge of foreign languages, specially English, is necessar
survive with all the past that we have got, unless we add to it th
furture of science and technology.
He also fully appreciated the fear of the non-Hindi-know
if Hindi comes in, it will mean a disability and disparity to
therefore, keen that a rule may be laid down to ward off th
services and like matters. Lack of knowledge of Hindi shou
to recruitment in services, though after recruitment one may b
learn Hindi, for administrative convenience and efficiency.
the all-India service ought to know the language of the plac
He supported the committee report76 not because he agreed
of it but because it represented the agreement of virtually all th
members, excepting two or three.
He again reiterated his conviction that there ought to be
approach, no compulsion and no disabilities due to langu
like dates in such matter", he said. "I say there is no limitatio
to that (to the use of English), except when people general
had said that those very people in the non-Hindi-speaking ar
be affected should agree", he reiterated. But this re-assuran
had no legal sanction behind it, and the scepticism of the n
persisted.
In the Congress session of 1958 at Pragjyotishpur, Nehru, foreseeing
reaction of .non-Hindi-speaking areas, had suggested that official use of any
of the fourteen national languages was inconvenient but not an impossi-
bility.78 He also reiterated that there should be no majority decisions

76. This committee of 30 had 20 members from the non-Hindi-speaking areas.


17 Lok Sabha Debates, No. 49 (1963), p. 11391, statement of the then Home Minister,
Lai Bahadur Shastri. For details see, Report of the Committee of Parliment on Official
Language , 1958, (Govt, of India publication).
77. The assurance was given earlier on August 7, 1959 when Frank Anthony moved a
resolution for including English in the eighth schedule, the Speeches , 4: 55.
78. National Herald, January 17, 1958.

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1977] JAWAHARLAL NEHR U AND THE LANGUAGE PROBLEM 63

imposed on the minority. He said that we were dealing with a very delicate
and living thing and that decisions on tbis issue must be arrived at by
general consensus.79 Apart from the delicacy of the matter, he was probably
more likely to succeed if consensus were the criterion rather than a voting by
simple majority.
With the third general elections in 1962, the Hindi elements lost their
strength in the Congress parliamentary party. In the Hindi states, the
opposition registered larger gains. Thus the Congress monopoly of Hindi
politics was undermined; and the Congress was all the more obliged to
carry all the divergent elements with it in order to keep itself in power.
Some80 saw in these developments a decline of the effectiveness of the
pressure from the Hindi groups.
The Official Language Bill, 1963, was presented during this period81
and it became an Act on May 10, 1963. Section 3 stipulated that English
may continue to be used after fifteen years, in addition to Hindi, for the
official purposes of the Union82 and for the transaction of business in
Parliament. To satisfy the Hindi- speaking population, section 4 provided
for a committee of Parliament to review the progress made in the use of
Hindi for the official purposes of the Union after 1975. There was no
mention of the re constitution of the commission (under article 344) lest the
entire matter be reopened. Official translation of central Acts and bye-laws,
etc,, into Hindi; similar translations in Hindi (in addition to English) of
state Acts and ordinances for non-Hindi states ; use of Hindi or the state
official language for judgements, etc., of state High Courts with the consent
of the President (though accompanied by an English translation) was also
provided for. Nehru, speaking on the Bill83 observed that the Bill
was intended to extend the period for the use of English more or less
indefinitely, beyond the period put down in the Constitution, i.e., 1965. "It
was to carry out an assurance given in this House...". Justifying the use of
the word 'may'84 instead of 'shall', he gave only two half-convincing reasons,
viz, first, the power of Parliament cannot be limited, and no restriction that

79. National Herald , January 18, 1958. See also, Indian National Congress Resolutions
on Language Policy, 1949-1965, pp. 9-10, for the resolution adopted at the sixty-third
session of the Congress at Pragiyotishpur.
80. See, C Rajagopalachari, Good News on the Language Issue, Swarajya , June 9,
1962.
81. See, Kuldip Nayar, supra note 46, at 50-95, for a graphic, behind the scenes,
account of the discussions and the politics on the language question, from the delibera-
tions of the parliamentary committee, through the passing of the Official Language
(Amendment) Act, 1967 to 1968.
82. See, Ram Gopal, Linguistic Affairs of India (1966), pp. 224-225, for the view that
clauses 3 and 4 of the Act were not in keeping with the obligations under articles 343 and
344 of the Constitution.
83. 17 Lok Sabha Debates, Third Series, Fourth Session, No. 50 (1963), pp. 11632
et seq.
84. Id . at 11636, for rrank Anthonys interruption who questioned that «may
could also be interpreted as 'may not'.

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64 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol.19 : 1

a future legislation will be passed only by one half or two-thir


speaking) members could be put; second, in the context in
'may' has been used it cannot mean 'may not'.85
By then the regional languages had taken their hold in
the regional sentiments had to be placated. He called th
national languages86 and maintained that a people can devel
a language to which they have emotional response. He
teaching of science in schools in the national (regional) lang
higher scientific and technological studies recommended us
other foreign languages.
His convictions about Hindi-Urdu relationship were so f
political developments of one and a half decades could not
pointed out that Urdu is a dynamic language having a stra
adaptability and of drawing from other languages. If Hin
very fast, it ought to ally itself with Urdu (for vocab
deprecated the tendency towards Sanskritised Hindi.
Speaking about the link language he observed that Engl
more occupy that place. He observed :

Before independence, in this country of castes, the mos


caste was the caste of the English knowing, English-clo
English-living people. It put high barriers between
masses of India. We have to remove these barriers.

He foresaw, however, that English would be more widely known in


India in the future than even now, but would not be better known in
quality. He explained, Hindi has been suggested by the Constitution as
the link language for central and official purposes not because it is superior
to any other regional language, but because it is the most feasible for
this purpose, apart from its being widespread. In order to serve as a link
language, it has to grow into it and adapted for the purpose. Till it is
adapted, it becomes necessary and almost inevitable for English to continue
to be the link language. In this gradual transformation dates cannot be
fixed for a switch over. And if the use of English is suppressed, a hiatus,
a gap is created, and progress in many directions is stopped since that
progress cannot be achieved entirely by Hindi at the present moment.
"The whole object of this Bill is to remove that barrier which was put by

85. Earlier, in reply to C. N. Annadurai, the D.M.K, leader from Madras, Nehru had
written on April 17, 1963, that he was personally prepared to retain English as an
associated or alternate language 'until otherwise decided' by non-Hindi-speaking people;
he did not see "how we can make this provision in the statute". See Kuldip Nayar,
supra note 46, at 77.
86. "National Languages means all the languages mentioned in the schedule to the
Constitution", he said, supra note 83 at 11647.

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1977] JAWAHARLAL NEHRU AND THE LANGUAGE PROBLEM 65

the Constitution, that barrier of date, and to allow things as they are, to
continue".87
Referring to Sanskrit, he said that he admired it very greatly88 and it
would be a great pity if it became a dead language in India at any time.
Though Sanskrit could not be made the working language of common
people, the learning of Sanskrit ought to be encouraged as widely as
possible since it gives a certain basis and foundation for our present day
languages, strengthens them and gives them depth.
Recalling his assurance, towards the end of the speech, he said that
apart from the assurance, it will raise such problems and such difficulties
that no government will dare to eliminate English as an additional language
without the consent of the non-Hindi-speaking states.
Despite the dissatisfaction with the Official Language Act, 1963,
Nehru's presence inspired a certain amount of confidence in the South
that no injustice would be done to them.89 But Nehru died in 1964.
Since 1965, the year for the change-over as stipulated by the Constitution,
was approaching, several government departments took hasty steps for
linguistic change-over. A wave of agitation and resentment swept the
South.90 The Congress Working Committee recommended in 1965,
inter alia , that Nehru's assurance should be incorporated in an amendment
to the Official Language Act.91 The Amendment to the 1963 Act, however,
came only in92 1967 - the year of Pakistan war. The Education Commis-
sion Report, 196693 and the general elections of 1967 having intervened. It
legalised the assurances on the continuance of English, in addition to
Hindi, for all the official purposes of the Union and for the transaction of
business in Parliament and for communication between the Centre and a

87. Id. at 11652.


88. See also, his speech at the Bhandarkar Oriental Research Institute cn August
1, 1956, the Speeches, 3:418-421.
89. Granville Austin has rightly commented, "The presence of Nehru as Prime
Minister from 1950 to 1964 kept the hard core of Hindi speakers from using these
(constitutional) provisions to force their language on the rest of the country", ( supra
note 29 at 267).
90. See J. Das Gupta, supra notę 6 at 236 çt seq., for an analysis of the contribu-
ting political developments.
91. See, 7 Link , No. 29, Feb 28, 1965, pp. 6-7, for the resolution.
92. For the text of the Official Language (Amendment) Act, 1967 see, The Gazette
of India, extraordinary, part 2, sec. 1 January 8, 1968.
93. Report of the Education Commission , 1964-66, amongst other recommendations
on language, suggested that in order to develop national education it is essential to
(,move energetically in ths direction of adopting regional languages as media of education
at the university stage", (p. 291). In July 1967, the Union Government agreed in
principle the Indian languages would become the media of education at all stages and
in all subjects. Trigun Sen's (Education Minister's) statement in the Lok Sabha on
July 19, 1967, VII, Lok Sabha Debates , (1967) Fourth series, No. 43, pp. 12974-78.
Probably it was expected that with the regional languages replacing English in education,
Hindi too would be; accepted as a link language out of necessity. (See, J. Das Gupta,
supra notę 6 at 254),

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66 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol. 19 : 1

state which has not adopted Hindi as its official language. Th


Act has attempted to implement the idea that the knowled
language would be deemed sufficient and that there would b
tion for not knowing Hindi. A Policy Resolution94 adopted
time authorised a three-language policy95 for the school sy
regional language policy for the Union Public Service Commi
tions96 with a requirement in addition of knowledge of Hindi or
Several basic essentials of language policy as enunciated b
1937 partly found expression in the Constitution through
Ayyangar compromise formula, and his assurance to the non
given on August 7, 1959 found a legal basis through the Amendm
through a coincidence of circumstances.97 It would be difficu
the language problem of India has found all the solutions.9
minority languages within each state, implementation of t

94. 10 Lok Sabha Debates (1967), Fourth series, Third Session, No. 18
for the text of the Resolution.
95. The three languages formula was intially suggested by the Central A
of Education in 1956. It was approved by the Chief Ministers' Confe
1961. They suggested the teaching of the following languages at the
for teaching language subjects: (a) the regional language and mother t
latter is different from the regional language; (b) Hindi or, in Hind
another Indian language; and (c) English or any other modern Eu
[See, Vital Speeches and Documents of the Day , 1, No. 20 (Sept. 1, 1961)
It was accepted by the National Integration Conference in October,
the important political parties were represented. (See, Report of th
Emotional Integration , pp. 223-24). It was supported by the Report
Commissionivi 1966, though the commission modified it in certain re
Report, p. 172). It was also endorsed by the Congress Working Co
Link , Feb. 28, 1965, pp. 6-7.
The Policy Resolution approved by the Lok Sabha provided for t
modern Indian language, preferably a South Indian language, Hindi an
Hindi-speaking areas, Hindi, regional language and English in non
areas. Mentioning a Canadian authority Nehru also had advocated th
to be exposed to two or three languages before the age of ten. (Spea
6, 1958 on the occasion of the release of the fifth volume of Tam
the Speeches , 4:47, 48). See also, Nehru's speech on the languages Bill,
96. The question was earlier discussed in the Report of the Official Language
Commission , 1956, pp. 465-67. The Congress Working Committee in 1965 urged
that the UPSC examinations should be conducted in English, Hindi and the regional
languages. (See, Link , supra note 91). The Policy Resolution provided that the
knowledge of Hindi would not be compulsory at the time of recruitment to Union
Services or posts excepting special ones where it may be considered essential. For
central services examinations all the languages of the eighth schedule and Engilsh
shall be permitted as the media after ascertaining the views of the UPSC.
97. See, J. Das Gupta, supra note 6 pp. 236-259, for an analysis of the political
developments leading to the Amendment Act of 1967.
98. For some of the criticisms of the 1967 Amendment Act see, K. Subba Rao,
The Indian Federation , pp. 32-38. (Lai Bahadur Shastri Memorial Lectures, University
of Poona, 1969).

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1977] JAWAHARLAL NEHRU AND THE LANGUAGE PROBLEM 67

formula ia the educational sphere, the media of examination in the Union


Public Service Commission examinations and similar others will
continue to raise complexities for a long time to come. Perhaps soluti
to them also would lie in an approach of flexibility, accommodation, go
will and forward-looking which Nehru advocated all his life.
It is a pity that the solutions that have ultimately emerged are more the
result of political pressures and compulsions than of free-willed accommoda
tion. Perhaps in a multi-linguistic society as India, all these pulls
pressures are inevitable.

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