🇮🇳 Article 349 of the Indian Constitution
Title: Special procedure for enactment of certain laws relating to language
🔷 Explanation of Article 349:
Article 349 places a constitutional safeguard by imposing restrictions on Parliament’s power to make laws relating to the official language during the first 15 years after the Constitution commenced (i.e., from 1950 to 1965).
✅ Key Provision:
During the first 15 years from the commencement of the Constitution (i.e., till 25 January 1965),
Parliament cannot make any law related to:
-
The language to be used for any of the purposes mentioned in Article 348 (i.e., language of courts, Acts, Bills, etc.),
unless: -
The President recommends introducing the Bill after considering the recommendations of the Official Language Commission (under Article 344) and the Parliamentary Committee (Article 344(2)).
🟢 Key Points:
| Aspect | Details |
|---|---|
| Time Limit | Applies only for first 15 years (i.e., 1950–1965) |
| Purpose | To protect linguistic interests and prevent hasty decisions on official language |
| Pre-condition for Law | Requires President’s recommendation, based on advice of Language Commission and Parliamentary Committee |
| Protected Area | Laws concerning language used in Supreme Court, High Courts, and for Acts, Bills, legal documents |
| Relation to Article 348 | Prevents alteration of default use of English in judiciary and legislation during initial 15 years |
📌 Purpose of Article 349:
-
To ensure that decisions about official languages, especially replacing English, are made cautiously and with consensus.
-
It provided transitional protection to non-Hindi-speaking states during the sensitive early years.
📝 Example:
-
Before 1965, Parliament could not replace English with Hindi or any other language in courts or laws without the President's recommendation, which had to be based on expert consultation.
Here is a comparison chart between Article 348 and Article 349 of the Indian Constitution:
🗂️ Comparison Chart: Article 348 vs Article 349
| Aspect | Article 348 | Article 349 |
|---|---|---|
| Title | Language to be used in the Supreme Court, High Courts, and for Acts, Bills, etc. | Special procedure for enactment of certain laws relating to language |
| Main Focus | Specifies the default language (English) for judiciary and legislative texts | Restricts Parliament from changing legal language rules during the first 15 years of the Constitution |
| Language Specified | English (by default) for court proceedings and legal documents | Not about which language is used, but how and when laws regarding language can be changed |
| Applicability Period | Permanent (unless amended by Parliament under conditions) | Applies only for the first 15 years (1950–1965) |
| Power to Change Language | Parliament can change it by law; States can use Hindi/other language in High Courts with President’s consent | Parliament cannot make such changes without President’s recommendation and advice from Language Commission |
| Who Controls | Parliament, President, and Governor (with consent) | President, based on advice from Article 344 Commission & Committee |
| Purpose | Ensure uniformity in legal system via English | Prevent hasty changes to official/legal language during initial post-independence phase |
| Example | English is used in the Supreme Court; Hindi used in some High Courts with approval | Between 1950–1965, no law changing court/law language could be made without President’s approval |
📝 Summary:
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⚖️ Article 348 = Defines language of laws and judiciary (default: English).
-
⛔ Article 349 = Restricts changing those language rules during the initial 15 years, ensuring consultation and caution.
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