Case Law Details

Case Name : Ashwini Kumar Upadhyay Vs Union of India (Supreme Court of India)
Appeal Number : Writ Petition (C) No. …. of 2017
Date of Judgement/Order : 11/04/2017
Related Assessment Year :
Courts : Supreme Court of India (873)

SYNOPSIS

The Union Government in consultation with all the States formulated the three-language formula in 1968. The formula as enunciated in the 1968 National Policy Resolution, which provided for the study of “Hindi, English and modern Indian language in the Hindi speaking States and Hindi, English and the Regional language in the non-indi speaking States”. The formula was formulated in response to demands from non-Hindi speaking States particularly Karnataka, Andhra Pradesh and Tamil Nadu. Later, National Education Commission recommended a modified three-language formula. But, after significant debate, the Parliament adopted the original three-language formula 1968. National Education Policy 1986 reiterated the 1968 formula. A new committee of experts was constituted in 1990 under the chair of Sh. Ali Sardar Jafri . This committee recommended modifying the three-language formula in Hindi speaking States as thus: (a) Hindi (b) Urdu or any other modern Indian language and (c) English or any other modern European language. In non-Hindi speaking States: (a) Regional language; (b) Hindi; (c) Urdu or any other modern Indian language excluding (a) and (b); and (d) English or any other modern European language”. However, all the States have not followed the three-language formula till date.

The public servants and members of the higher judiciary, who has completed their education in regional languages only and not able to read, write and speak the Hindi, become very uncomfortable when transferred in the other State having another regional language. Difficulties faced by them while communicating with common man knowing other regional language can be well appreciated. This problem can be easily resolved by making study of Hindi compulsory for all the students of I-VIII standard in spirit of the Article 2 1A read with Article 343, 344, 348, 351 and Preamble of the constitution of India.

Study of Hindi should be compulsory for all the students of I-VIII standard, so that all the Indian citizens can easily communicate with each other. It will promote fraternity, unity and national integration, the great golden goals as set out in Preamble of the Constitution. At present, when a north Indian visit east, west or south India becomes a foreigner, as he cannot read, write and understand their local language and so also the citizens from those States find it difficult to communicate with person visiting from north. Besides the fact that Hindi is the official language as has been enunciated in the Article 343, it is spoken and used in major part of the country. There are only few States where there is only regional language is spoken.

Crucial role of universal elementary education for strengthening the social fabric of democracy and the provisions of equal opportunity to all the Indians has been accepted since inception of our republic. The Article 2 1A was inserted in the Constitution in the belief that the value of equality, social justice and democracy and the creation of a just and humane society can be achieved only through the inclusive universal elementary education to all the children aged 6-14 years. However, it is very unfortunate that study of Hindi is not compulsory for all the students of I-VIII standard.

At the time of framing and adoption of the Constitution, it was envisaged that English will continue to be used for executive, judicial and legal purposes for an initial period of 15 years i.e. till 1965 only. The period of 15 years was prescribed after detailed deliberation so that necessary arrangements could be made for smooth language transition. The Constitution makers were conscious that language transition in all the fields may not be possible by 1965. They also had the foresight to allow the use of English along with Hindi during the first 15 years and envisaged that Hindi with help of other regional languages would evolve as the link language of India, capable of being accepted by people living in non-Hindi speaking regions but their dream is being negated by few States.

Whoever had studied the Hindi in primary schools knows that its learning is very easy. It is the simplest source of expression and all the students of I-VIII standard can easily learn it without extra stress. Now days, students are opting English as a compulsory language but choose the Hindi as optional, which is not good. Every nation makes his national language as compulsory part of syllabus & curriculum particularly in primary education. However, in India, Hindi is not compulsory for all the students of I-VIII standard. Although, its learning is more important, as the regional language can be learnt at home itself.

Majority of the children of Tamilnadu don’t know Hindi. They face many problems when they go outside the State for higher studies or search of job. They try to manage with English, but we cannot expect a person in a grocery shop or a tea shop to know English. If we consider all Indians, the number of people, who can read write and speak English is much lesser than the Hindi speaking people. English is used in offices and judiciary but everywhere starting from market place to industrial shop floor a link language is needed and that can be Hindi. Conversation between an Engineer and worker or a Doctor and patient cannot be effectively done in English. Therefore, study of Hindi must compulsory for all the students of I-VIII standard.

Hindi is the fifth most widely spoken language in the world. India is known as ‘Hindustan’, which implies that majority of the Indians are Hindi speaking. Hindi was considered as the official language even before the Independence. It has been adopted as the official language by the constituent assembly on 14.09.1949 and every year this day is celebrated as Hindi day. Hindi is referred as the nation’s collective voice because of its wide use by the great Indian freedom fighters.

The scientists have already discovered that use of Hindi language is better for the human brain than the English as reading, writing and speaking in Hindi involves more areas of the human brain. It is not out of context to state that the then president of the USA, Mr. George Bush had allocated a budget of $114 million to promote Hindi.

Hindi is spoken in almost all parts of India, but many States have not made the study of Hindi compulsory in primary schools under the three-language system. Moreover, few States continue to oppose Hindi that is why their children find it very difficult to read, write and speak Hindi. In addition, Hindi medium schools are decreasing and English medium schools are increasing at a rapid rate due to privatization of education. Therefore, there is a dire need to make our official language Hindi a compulsory subject for all the student of I-VIII standard.

LIST OF DATES

12.09.1949: Official language mater came up for consideration of the Constituent Assembly in the form of a new Part XIVA containing draft Articles 301A to 301(I) moved by the learned Sh. Gopalaswami Ayyangar.
14.09.1949: After three days detailed discussion, learned Sh. Munsi moved the agreed amendment, which made four changes in the proposals as moved by learned Sh. Gopalaswamy Ayyangar.
23.02.2017: Petitioner submitted a representation to make the study of Hindi compulsory.
11.04.2017: Harmonious purposive liberal interpretation of the language provisions, particularly the Article 343, 344, 348, 351 with Article 21A and Preamble of the Constitution clarifes that it is duty of the Union and States to promote and propagate the Hindi so that it serve as the link language of India. However, few States have not made the study of Hindi compulsory for all the students of I-VIII standard hence this writ petition in larger public interest and in the interest of national integration.

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO … OF 2017

(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:

Ashwini Kumar Upadhyay

S/o Sh. Suresh Chandra Upadhyay

Office: 15, M.C. Setalvad Chambers Block

Supreme Court of India, New Delhi-110001

Residence: G-284, Govindpuram, Ghaziabad …Petitioner

Verses

1. Union of India

Through the Secretary,

Ministry of Human Resources and Development,

Shastri Bhawan, New Delhi-110001

2. Government of Andhra Pradesh,

Through the Chief Secretary

Secretariat, Hyderabad-500022

3. Government of Arunachal Pradesh,

Through the Chief Secretary

Arunachal Pradesh Civil Secretariat, Itanagar- 791111

4. Government of Assam,

Through the Chief Secretary

Assam Sachivalaya, Dispur, Guwahati-78 1006

5. Government of Bihar

Through the Chief Secretary

Old Secretariat, Patna-800015

6. Government of Chattisgarh,

Through the Chief Secretary

DKS Bhawan, Mantralaya, Raipur-492001

7. Government of Goa

Through the Chief Secretary

Secretariat Porvorim – 403501

8. Government of Gujarat

Through the Chief Secretary

New Sachivalaya, Gandhingar-382010

9. Government of Haryana

Through the Chief Secretary

Harayana, Civil Secretariat Chandigarh-160009

10. Government of Himachal Pradesh

Through the Chief Secretary

Secretariat, Shimla- 171002

11. Government of Jammu & Kashmir

Through the Chief Secretary

Jammu Secretariat, Jammu

12. Government of Jharkhand

Through the Chief Secretary

Secretariat, Ranchi-834004

13. Government of Karnataka

Through the Chief Secretary

Vidhan Sauda, Secretariat, Bangalore-560001

14. Government of Kerala

Through the Chief Secretary

Secretariat, Thiruvananthapuram-695001

15. Government of Madhya Pradesh

Through the Chief Secretary

Mantralaya, Vallabh Bhawan, Bhopal-462004

16. Government of Maharashtra

Through the Chief Secretary

Mantralaya, Mumbai-400032

17. Government of Manipur

Through the Chief Secretary

Manipur Secretariat, Imphal-790001

18. Government of Meghalaya

Through the Chief Secretary

Meghalaya Civil Secretariat, Shillong-793001

19. Government of Mizoram,

Through the Chief Secretary

Civil Secretariat, Aizwal- 796001

20. Government of Nagaland

Through the Chief Secretary

Nagaland Civil Secretariat, Kohima-790001

21. Government of Orissa

Through the Chief Secretary

Secretariat, Bhubaneshwar- 751001

22. Government of Punjab

Through the Chief Secretary

Punjab Secretariat, Chandigarh-160017

23. Government of Rajasthan

Through the Chief Secretary

Secretariat, Jaipur-302001

24. Government of Sikkim

Through the Chief Secretary

Secretariat, Gangtok- 737101

25. Government of Tamil Nadu

Through the Chief Secretary

Secretariat, Chennai-600009

26. Government of Tripura

Through the Chief Secretary

Civil Secretariat, Agaratala-799001

27. Government of Uttar Pradesh

Through the Chief Secretary

Secretariat, Lucknow-226001

28. Government of Uttarakhand

Through the Chief Secretary

Subhash Road, Secretariat, Dehradun-248001

29. Government of West Bengal

Through the Chief Secretary

Secretariat, Writers Building Kolkata-700001

30. Government of Andaman & Nicobar Islands,

Through the Chief Secretary

Secretariat & Administration, Port Blair

31. Union Territory of Chandigarh,

Through the Administrator

Punjab Raj Bhawan, Sector – 6, Chandigarh-160017

32. Government of Dadra & Nagar Havelli,

Through the Administrator

Secretariat, Silvassa-396230

33. Government of Daman & Diu,

Through the Administrator

Secretariat Daman, Daman & Diu -396210

34. Government of NCT of Delhi,

Through the Chief Secretary

Delhi Secretariat, New Delhi- 110002

35. Union Territory of Lakshadweep,

Through the Administrator

Kavaratti, Lakshadweep-682555

36. Union Territory of Puducherry,

Through the Chief Secretary

Secretariat, Puducherry- 605001 ………Respondents

TO MAKE THE STUDY OF HINDI COMPULSORY FOR ALL THE STUDENTS OF I-VIII STANDARD IN LETTER AND SPIRIT OF THE ARTICLE 343, 344, 348, 351 READ WITH THE ARTICLE 21A AND PREAMBLE OF THE CONSTITUTION OF INDIA;

TO FRAME A NATIONAL POLICY TO PROMOTE AND PROPAGATE THE HINDI LANGUAGE IN LETTER AND SPIRIT OF THE ARTICLE 343, 344, 348, 351 READ WITH THE ARTICLE 21A AND PREAMBLE OF THE CONSTITUTION OF INDIA;

To,

HON’BLE CHIEF JUSTICE OF INDIA

AND LORDSHIP’S COMPANION JUSTICES

OF HON’BLE SUPREME COURT OF INDIA

HUMBLE PETITION OF ABOVE-NAMED PETITIONER

THE MOST RESPECTFULLY SHOWETH AS UNDER:

1. That the petition is not guided by self-gain or for gain of any other individual person, institution or body. There is no motive other than the larger public interest in filing this petition. Petitioner has no personal interests or individual gain, private motive or oblique reasons in filing this petition. It is totally bona-fide with the sole purpose of larger public interest and in interest of justice.

2. That the source of averments made in this petition is personal knowledge and information collected from various sources, including newspapers and websites. Petitioner is filing this PIL under the Article 32 to make the study of Hindi compulsory for all the students of I-VIII standards throughout the country. It is for benefit of all the citizens, particularly EWS and BPL families, but they are incapable of accessing the Court themselves.

3. That Union and State Governments are likely to be affected by the orders sought in this petition and they have been impleaded as Respondents. Petitioner submits that to its knowledge, no other persons, bodies, institutions are likely to be affected by this petition.

4. That petitioner is an Advocate, practicing before this Hon7ble Court and a social-political activist, contributing his best to the development of the socially-economically downtrodden people of the country and ameliorating their condition. Petitioner has been worked with social activist Sh. Anna Hazare and actively participated in India Against Corruption movement. It has been Founder Member of AAP and now Official Spokesperson of BJP but filing this PIL in his personal capacity. Petitioner states that the Fundamental Rights, Directives and Fundamental Duties are supplementary and complimentary and the great golden goals, as set out in Preamble of the Constitution cannot be achieved without implementing them in letter and spirit. Petitioner is striving for Electoral Reform, Police Reform, Judicial Reform, Education Reform and Administrative Reform. These five Reforms are not only necessary to curb the corruption and crime but also essential to eradicate Casteism Communalism Radicalism and Regionalism, the greatest menace to our democracy and development of the Country. This Hon 7ble Court has issued notices on petitioner’s PILs in this regard. Petitioner states that in order to promote fraternity assuring dignity of individual and unity and national integration, study of Hindi should be compulsory for all the Students of I-VIII standard through the country.

5. That the Union Government in consultation with all the States formulated the three-language formula in 1968. The formula as enunciated in the 1968 National Policy Resolution, which provided for the study of “Hindi, English and modern Indian language in the Hindi speaking States and Hindi, English and the Regional language in the non-Hindi speaking States”. The formula was formulated in response to demands from non-Hindi speaking States particularly Karnataka, Andhra Pradesh and Tamil Nadu. Later, National Education Commission recommended a modified three-language formula. But, after significant debate, the Parliament adopted the original three-language formula 1968. National Education Policy 1986 reiterated the 1968 formula. A new committee of experts was constituted in 1990 under the chair of Sh. Ali Sardar Jafri. This committee recommended modifying the three-language formula in Hindi speaking States as thus: (a) Hindi (b) Urdu or any other modern Indian language and (c) English or any other modern European language. In non-Hindi speaking States: (a) Regional language; (b) Hindi; (c) Urdu or any other modern Indian language excluding (a) and (b); and (d) English or any other modern European language”. However, all the States have not followed the three-language formula till date.

6. That the public servants and members of the higher judiciary, who has completed their education in regional languages only and not able to read, write and speak the Hindi, become very uncomfortable when transferred in the other State having another regional language. Difficulties faced by them while communicating with common man knowing other regional language can be well appreciated. This problem can be easily resolved by making study of Hindi compulsory for all the students of I-VIII standard in spirit of the Article 2 1A read with Article 343, 344, 348, 351 and Preamble of the constitution of India.

7. That study of Hindi should be compulsory for all the students of I-VIII standard, so that all the Indian citizens can easily communicate with each other. It will promote fraternity, unity and national integration, the great golden goals as set out in Preamble of the Constitution. At present, when a north Indian visit east, west or south India becomes a foreigner, as he cannot read, write and understand their local language and so also the citizens from those States find it difficult to communicate with person visiting from north. Besides the fact that Hindi is the official language as has been enunciated in the Article 343, it is spoken and used in major part of the country. There are only few States where there is only regional language is spoken.

8. That crucial role of universal elementary education for strengthening the social fabric of democracy and the provisions of equal opportunity to all the Indians has been accepted since inception of our republic. The Article 2 1A was inserted in the Constitution in the belief that the value of equality, social justice and democracy and the creation of a just and humane society can be achieved only through the inclusive universal elementary education to all the children aged 6-14 years. However, it is very unfortunate that study of Hindi is not compulsory for all the students of I-VIII standard.

9. That at time of framing and adoption of the Constitution, it was envisaged that English will continue to be used for executive, judicial and legal purposes for an initial period of 15 years i.e. till 1965 only. The period of 15 years was prescribed after detailed deliberation so that necessary arrangements could be made for smooth language transition. The Constitution makers were conscious that language transition in all the fields may not be possible by 1965. They also had the foresight to allow the use of English along with Hindi during the first 15 years and envisaged that Hindi with help of other regional languages would evolve as the link language of India, capable of being accepted by people living in non-Hindi speaking regions but their dream is being negated by few States.

10. That whoever had studied the Hindi in primary schools knows that its learning is very easy. It is the simplest source of expression and all the students of I-VIII standard can easily learn it without extra stress. Now days, students are opting English as a compulsory language but choose the Hindi as optional, which is not good. Every nation makes his national language as compulsory part of syllabus & curriculum particularly in primary education. However, in India, Hindi is not compulsory for all the students of I-VIII standard. Although, its learning is more important, as the regional language can be learnt at home itself.

11. That majority of children of Tamilnadu don’t know Hindi. They face many problems when they go outside the State for higher studies or job. They try to manage with English, but we cannot expect a person in a grocery shop or a tea shop to know English. If we consider all Indians, the number of people, who can read write and speak English is much lesser than the Hindi speaking people. English is used in offices and judiciary but everywhere starting from market place to industrial shop floor a link language is needed and that can be Hindi. Conversation between an Engineer and worker or a Doctor and patient cannot be effectively done in English. Therefore, study of Hindi must compulsory for the children aged 6-14 years.

12. That Hindi is the 5th most widely spoken language in the world. India is known as ‘Hindustan’, which implies that majority of the Indians are Hindi speaking. Hindi was considered as the official language even before the Independence. It has been adopted as the official language by the constituent assembly on 14.09.1949 and every year this day is celebrated as Hindi day. Hindi is referred as the nation’s collective voice because of its wide use by the great Indian freedom fighters.

13. That the scientists have already discovered that use of Hindi language is better for the human brain than the English as reading, writing and speaking in Hindi involves more areas of the human brain. It is not out of context to state that the then president of the USA, Mr. George Bush had allocated a budget of $114 million to promote Hindi.

14. That Hindi is spoken in almost all parts of India, but many States have not made the study of Hindi compulsory in primary schools under the three-language system. Moreover, few States continue to oppose Hindi that is why their children find it very difficult to read, write and speak Hindi. In addition, Hindi medium schools are decreasing and English medium schools are increasing at a rapid rate due to privatization of education. Therefore, there is a dire need to make our official language Hindi a compulsory subject for all the student of I-VIII standard.

15. That the draft constitution as revised by the drafting committee, the language provisions were renumbered and placed in Part XVII as Article 343 to 351. In the Constituent Assembly debate, Dr. Raghuvira, suggesting the boycott of English, said: “I am afraid that in the next fifteen years, the roots of English influence in this country would have become twice as strong as the English people were able to make in their rule extending over a period of 150 years. The effect of all this is that the reins of power would remain in the hands of English knowing classes.

16. That learned Sh. Govind Das reiterated that passing the Constitution in a foreign language after the ends of our slavery and attainment of independence would forever “remain a blot on us”.

17. That Dr. Rajendra Prasad said: “Now for the first time in our history, we have accepted one language, which will be the language to be used all over the country for official purposes and let me hope that it will develop into a national language, in which all will feel equal pride while each will be free to encourage and develop its own peculiar language, in which its culture and traditions are enshrined. The use of English during the period of transition is considered inevitable for practical reasons and no one need be despondent over this decision, which has been dictated clearly by practical considerations.”

18. That the harmonious, purposive and liberal interpretation of the language provisions, particularly the Article 343, 344, 348, 351 with Article 2 1A and Preamble of the Constitution will elucidate that it is duty of the Union and States to take appropriate steps to promote and propagate the Hindi so that it serves as a link language for all the citizens of India.

19. That the Constitution makers had deliberated the issue of official language in detail at the time of framing the Constitution and it was decided that Hindi in Devanagari script should be adopted as the official language of the Union. This is the basis of declaring Hindi as the official language of the Union under the Article 343. Under the Article 351, it is duty of the Union to promote and propagate the Hindi language so that it serve as a medium of expression for all the elements of the composite culture and to secure its enrichment by assimilating without interfering with its genius, forms and expression.

20. That Mahatma Gandhi, in his address to the Gujarat Education Conference at Bharuch in 1917, stressed the need of a national language and expressed: “Hindi is the only language, which could be adopted as the ‘National Language’ because it is the language spoken by majority of the Indians. It has the potential of being used as economic, religious and political communication link.”

21. This Hon’ble Court in R.R. Dalvani v. State of Tamilnadu, AIR 1976 SC 1559:(1976) 1 SCC 748: (1976) Supp SCR 601 has held: “The spirit and letter of Article 351 is violated by the scheme of the Tamilnadu State to grant pension to Anti-Hindi agitators. It contains voice of disintegration and fomenting fissiparous tendencies. If any State is engaged in exciting emotion against Hindi or any other language, such provision has to be nipped in the bud because these are anti-national and anti-democratic tendencies.”

22. That 75% of the Indians can read, write and understand Hindi but due to few selfish politicians, study of Hindi is not compulsory for all the students of I-VIII standard. Even in the north-east and north-west India, people loves to speak it. Hindi is closer to the mother language of all the Indian languages – Sanskrit. It is the only language, which can be the link language of India. Compulsory study of Hindi for all the students of I-VIII standard is not only necessary to secure social economic equality and liberty of thought and expression but also essential to promote fraternity assuring dignity of individual and unity and integrity of the nation. The fundamental right of equality of opportunity in matters of public employment can’t be secured to all the citizens in spirit of the Article 16 without making the study of Hindi compulsory for all the students of I-VIII standard. Thus, it is duty of the Union and States to take appropriate steps in this regard on top priority.

23. That right of a child should not be restricted only to free and compulsory education, but must be extended to have equal quality education without any discrimination on the ground of child’s social economic and cultural background thus common syllabus & common curriculum is required. Uniform education would achieve the code of a common culture, removal of disparity and depletion of discriminatory values in human relations and it would enhance virtues and improve the quality of human life, elevate the thoughts, which will advance the Constitutional philosophy of equal society.

24. That today’s children are the citizen of future. Education connotes the process of training and developing the knowledge, skill, mind and character of student by formal schooling. Uniform education system will help in diminishing opportunities to those who foment fanatic and fissiparous tendencies. India shall be a better or worse place to live according to what we teach our children today. Education is an investment for harvesting a future crop of responsible adults, productive of a well-functioning society. Children are vulnerable and they need to be valued, nurtured, caressed and protected. Democracy depends for its very life on high standards of education. Dissemination of learning with search for new knowledge with disciple all round must be maintained at all costs.

25. That in our country, where a number of languages are spoken, it is a good idea to make the Hindi compulsory in primary education so that it serve as a link language of India. It will benefit the youths seeking employment opportunities in other States. At present, when a south Indian visits northern State, he speaks in vernacular language. If he knows a little bit Hindi, he can easily communicate with the common people there.

26. That in few southern States, Hindi is taught in primary schools as a second or third language. It is well known fact that a person is capable of expressing best in the mother tongue. Since, most of the Indians read write and understand Hindi, it is fact that only Hindi can serve as a link language of India. The non-Hindi States must encourage the Hindi. Efforts should be made to introduce Hindi in primary schools as a compulsory subject rather than optional. The young generation is keen to learn it.

27. That Hindi has a rich heritage and literature and successfully replaced English in administration, judiciary and medium of instruction in higher learning. The three-language formula expects schools to accommodate English, Hindi and the regional language and every State should follow it. Now days, teachers are complaining that students in English medium schools not paying attention to Hindi, especially after introduction of best-five policy.

28. That petitioner’s representation to the HRD Minister is annexed as Annexure-P1. (Page 29-34)

29. That petitioner full name: Ashwini Kumar Upadhyay, Ph:8800278866, aku.adv@gmail.com, PAN: AAVPU7330G, ADHAR-659982 174779. Annual income: 03 LPA.

30. That petitioner has not filed any other petition either in this Hon 7ble Court or in any other High Court seeking same and similar directions as prayed in this petition.

31. That there is no further requirement for moving concerned government authority for relief sought in this petition. There is no other efficacious, economic and alternative remedy available to the petitioner except for approaching this Hon7ble Court by way of this petition.

32. That the facts constituting cause of action accrued on 01.04.2010 and subsequent days when RTE Act 2009 came into force but till date, many States have not made the study of Hindi compulsory for all the children aged 6- 14 years in spirit of the Article 2 1A read with Article 343, 344, 348, 351 and Preamble of the Constitution.

33. That fraternity, unity and integrity of the nation cannot be promoted without making the Hindi compulsory for all the children of 1-Vill standard thus causes injury.

34. That there is no civil, criminal or revenue litigation, involving petitioner, which has or could have legal nexus, with the issue involved in this petition.

GROUNDS

Petitioner is filing this petition on following grounds:

A. Because Union Government in consultation with all the States formulated the three-language formula in 1968. The formula as enunciated in the 1968 National Policy Resolution, which provided for the study of “Hindi, English and modern Indian language in the Hindi speaking States and Hindi, English and the Regional language in the non-Hindi speaking States”. The formula was formulated in response to demands from non-Hindi speaking States particularly Karnataka, Andhra Pradesh and Tamil Nadu. Later, National Education Commission recommended a modified three-language formula. But, after significant debate, the Parliament adopted the original three-language formula 1968. National Education Policy 1986 reiterated the 1968 formula. A new committee of experts was constituted in 1990 under the chair of Sh. Ali Sardar Jafri. This committee recommended modifying the three-language formula in Hindi speaking States as thus: (a) Hindi (b) Urdu or any other modern Indian language and (c) English or any other modern European language. In non-Hindi speaking States: (a) Regional language; (b) Hindi; (c) Urdu or any other modern Indian language excluding (a) and (b); and (d) English or any other modern European language”. But, States are not implementing it.

B. Because public servants and members of the judiciary, who has completed their education in regional languages only and not able to read, write and speak the Hindi, become very uncomfortable when transferred in the other State having another regional language. Difficulties faced by them while communicating with common man knowing other regional language can be well appreciated. This problem can be easily resolved by making study of Hindi compulsory for all the students of I-VIII standard in spirit of the Article 2 1A read with Article 343, 344, 348, 351 and Preamble of the constitution of India.

C. Because study of Hindi should be compulsory for all the students of I-VIII standard, so that all the Indian citizens can easily communicate with each other. It will promote fraternity, unity and national integration, the great golden goals as set out in Preamble of the Constitution. At present, when a north Indian visit east, west or south India becomes a foreigner, as he cannot read, write and understand their local language and so also the citizens from those States find it difficult to communicate with person visiting from north. Besides the fact that Hindi is the official language as has been enunciated in Article 343 of the Constitution of India, it is spoken and used in major part of the country.

D. Because crucial role of universal elementary education for strengthening the social fabric of democracy and the provisions of equal opportunity to all the Indians has been accepted since inception of our republic. The Article 2 1A was inserted in the Constitution in the belief that the value of equality, social justice and democracy and the creation of a just and humane society can be achieved only through the inclusive universal elementary education to all the children aged 6-14 years. However, it is very unfortunate that study of Hindi is not compulsory for all the students of I-VIII standard.

E. Because during the framing and adoption of Constitution, it was envisaged that English will continue to be used for executive, judicial and legal purposes for an initial period of 15 years i.e. till 1965 only. The period of 15 years was prescribed after detailed deliberation so that necessary arrangements could be made for smooth language transition. The Constitution makers were conscious that language transition in all the fields may not be possible by 1965. They also had the foresight to allow the use of English along with Hindi during the first 15 years and envisaged that Hindi with help of other regional languages would evolve as the link language of India, capable of being accepted by people living in non-Hindi speaking regions but their dream is being negated by few States.

F. Because whoever had studied the Hindi in primary schools knows that its learning is very easy. It is the simplest source of expression and all the students of I-VIII standard can easily learn it without extra stress. Now days, students are opting English as a compulsory language but choose the Hindi as optional, which is not good. Every nation makes his national language as compulsory part of syllabus & curriculum particularly in primary education. However, in India, Hindi is not compulsory for all the students of I-VIII standard. Although, its learning is more important, as the regional language can be learnt at home itself.

G. Because majority of the children of Tamilnadu don’t know Hindi. They face many problems when they go outside the State for higher studies or search of job. They try to manage with English, but we cannot expect a person in a grocery shop or a tea shop to know English. If we consider all Indians, the number of people, who can read write and speak English is much lesser than the Hindi speaking people. English is used in offices and judiciary but everywhere starting from market place to industrial shop floor a link language is needed and that can be Hindi. Conversation between an Engineer and worker or a Doctor and patient cannot be effectively done in English. Therefore, study of Hindi must compulsory for children.

H. Because Hindi is the fifth most widely spoken language in the world. India is known as ‘Hindustan’, which implies that majority of the Indians are Hindi speaking. Hindi was considered as the official language even before the Independence. It has been adopted as the official language by the constituent assembly on 14.09.1949 and every year this day is celebrated as Hindi day. Hindi is referred as the nation’s collective voice because of its wide use by the great Indian freedom fighters.

I. Because the scientists have already discovered that use of Hindi language is better for the human brain than the English as reading, writing and speaking in Hindi involves more areas of the human brain. It is not out of context to state that the then president of the USA, Mr. George Bush had allocated a budget of $114 million to promote Hindi.

J. Because Hindi is spoken in almost all parts of India, but many States have not made the study of Hindi compulsory in primary schools under the three-language system. Moreover, few States continue to oppose Hindi that is why their children find it very difficult to read, write and speak Hindi. In addition, Hindi medium schools are decreasing and English medium schools are increasing at a rapid rate due to privatization of education. Therefore, there is a dire need to make our official language Hindi a compulsory subject for all the student of I-VIII standard.

PRAYER

For the reasons stated above, it is the most respectfully prayed that this Hon’ble Court may be pleased to issue a writ, order or direction or a writ in nature of mandamus or such other writ, order or direction as this Hon’ble Court may deem fit; directing the respondents to:

a) take appropriate steps to make the study of Hindi compulsory for all the students of I-VIII standard in letter and spirit of the Article 343, 344, 348, 351 read with the Article 2 1A and Preamble of the Constitution of India;

b) frame a National Policy to promote and propagate the Hindi language in letter and spirit of the Article 343, 344, 348, 351 read with the Article 2 1A and Preamble of the Constitution of India;

c) take such other steps as this Hon’ble Court may deem fit to promote and propagate the Hindi in letter and spirit of the Article 343, 344, 348, 351 read with the Article 2 1A and Preamble of the Constitution of India; and allow the cost of petition to petitioner.

R. D. Upadhyay

(Advocate for Petitioner)

11.04.2017

New Delhi 

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (C) NO . . . OF 2017

IN THE MATTER OF:

Ashwini Kumar Upadhyay . . .Petitioner

Verses

Union of India & others …Respondents

AFFIDAVIT

I Ashwini Kumar Upadhyay aged 42 years, s/o Sh. Suresh Chandra Upadhyay, Office at 15, New Lawyers Chambers, Supreme Court of India, New Delhi-110001, R/o G-284, Govindpuram, Ghaziabad-20 1013, at present at New Delhi, do hereby solemnly affirm and declare as under:

1. That I am the sole petitioner above named and well acquainted with facts and circumstances of the case and as such, I am competent to swear this affidavit.

2. That I have read and understood the contents of accompanying synopsis and list of dates pages (B – G) and writ petition paras (1 – 34) pages (1 – 23) and total pages (1 – 34) which are true and correct to my personal knowledge and belief. Annexure filed along with this petition are true/typed copies of their respective originals.

3. That I have filed this petition as a PIL. There is no personal gain, private motive or oblique reasons in filing this petition. This petition is totally bona-fide with the sole purpose of larger public interest and in interest of justice.

4. That I have no personal interest in the litigation and neither myself nor any body in whom I am interested, would in any manner benefit from the relief sought in the present litigation save as a member of the General Public. This writ petition is not guided by self-gain or gain of any person, institution, body and there is no motive other than the larger Public Interest and in interest of justice.

5.  That I have gone through Article 32 of the Constitution and Supreme Court Rules and do hereby affirm that the present writ petition is in conformity thereof.

6. That I have done whatsoever enquiry/investigation, which was in my power to do, to collect the data/material, which was available; and which was relevant for the Court to entertain the present petition.

7. That I have not concealed any data/material/information in this petition; which may have enabled this Hon 7ble Court to form an opinion, whether to entertain this petition or not and/or whether to grant any relief or not.

8. That the averments made in this affidavit are true and correct to my personal knowledge and belief. No part of this Affidavit is false nor has anything material been concealed there from.

DEPONENT

(Ashwini Kumar Upadhyay)

VERIFICATION

I, the Deponent do hereby verify that the contents of above affidavit are true and correct to my personal knowledge and belief. No part of it is false nor has anything material been concealed there from.

I solemnly affirm today i.e. Friday, the 11th day of April 2017 at New Delhi.

DEPONENT

(Ashwini Kumar Upadhyay)

APPENDIX

ARTICLE 343: OFFICIAL LANGUAGE OF THE UNION

(1) The official language of the Union shall be Hindi in Devanagari script. The form of numerals to be used for official purposes of the Union shall be the international form of Indian numerals.

(2) Notwithstanding anything in clause (1), for a period of fifteen years from the commencement of this Constitution, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement: Provided that the President may, during the said period, by order 1 authorise the use of the Hindi language in addition to the English language and of the Devanagari form of numerals in addition to the international form of Indian numerals for any of the official purposes of the Union.

(3) Notwithstanding anything in this article, Parliament may by law provide for the use, after the said period of fifteen years, of – (a) the English language, or (b) the Devanagari form of numerals, for such purposes as may be specified in the law.

ARTICLE 344: COMMISSION AND COMMITTEE OF PARLIAMENT ON OFFICIAL LANGUAGE

(1) The President shall, at the expiration of five years from the commencement of this Constitution and thereafter at the expiration of ten years from such commencement, by order constitute a Commission which shall consist of a Chairman and such other members representing the different languages specified in the Eighth Schedule as the President may appoint, and the order shall define the procedure to be followed by the Commission.

(2) It shall be the duty of the Commission to make recommendations to the President as to— (a) the progressive use of the Hindi language for the official purposes of the Union; (b) restrictions on the use of the English language for all or any of the official purposes of the Union; (c) the language to be used for all or any of the purposes mentioned in article 348; (d) the form of numerals to be used for any one or more specified purposes of the Union; (e) any other matter referred to the Commission by the President as regards the official language of the Union and the language for communication between the Union and a State or between one State and another and their use.

(3) In making their recommendations under clause (2), the Commission shall have due regard to the industrial, cultural and scientific advancement of India, and the just claims and the interests of persons belonging to the non-Hindi speaking areas in regard to the public services.

(4) There shall be constituted a Committee consisting of thirty members, of whom twenty shall be members of the House of the People and ten shall be members of the Council of States to be elected respectively by the members of the House of the People and the members of the Council of States in accordance with the system of proportional representation by means of the single transferable vote.

(5) It shall be the duty of the Committee to examine the recommendations of the Commission constituted under clause (1) and to report to the President their opinion thereon.

(6) Notwithstanding anything in article 343, the President may, after consideration of the report referred to in clause (5), issue directions in accordance with the whole or any part of that report.

ARTICLE 348: LANGUAGE TO BE USED IN THE SUPREME COURT AND IN THE HIGH COURTS AND FOR ACTS, BILLS, ETC.

(1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides – (a) all proceedings in the Supreme Court and in every High Court, (b) the authoritative texts— (i) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State, (ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or the Governor of a State, and (iii) of all orders, rules, regulations and bye-laws issued under this Constitution or under any law made by Parliament or the Legislature of a State, shall be in the English language.

(2) Notwithstanding anything in sub-clause (a) of clause (1), the Governor of a State may, with the previous consent of the President, authorise the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State: Provided that nothing in this clause shall apply to any judgment decree or order passed or made by such High Court.

(3) Notwithstanding anything in sub-clause (b) of clause (1), where the Legislature of a State has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislature of the State or in Ordinances promulgated by the Governor of the State or in any order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, a translation of the same in the English language published under the authority of the Governor of the State in the Official Gazette of that State shall be deemed to be the authoritative text thereof in the English language under this article.

ARTICLE 351: DIRECTIVE FOR THE DEVELOPMENT OF THE HINDI LANGUAGE

It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages.

ARTICLE 21A: RIGHT TO EDUCATION

The State shall provide free and compulsory education to all the children of the age six to fourteen years in such manner as the State may, by law determine.

23.02.20 17

To, 
Hon’ble Minister – HRD

Government of India, New Delhi

Through: Secretary- Ministry of HRD

Subject: To make Hindi compulsory for 1-Vill students

Respected Sir,

1. Father of the nation Mahatma Gandhi, in his address to the Gujrat Education Conference at Bharuch in 1917, stressed the need of a national language and expressed: “Hindi is the only language, which could be adopted as the ‘National Language’ because it is the language spoken by majority of the Indians. It has the potential of being used as economic, religious and political communication link.” The Constitution makers had deliberated the issue of official language in detail at the time of framing the Constitution and it was decided that Hindi in Devanagari script should be adopted as the official language of the Union. This is the basis of declaring Hindi as the official language of the Union under the Article 343. Under the Article 351, it is duty of the Union to frame a National Policy to promote and propagate the Hindi language so that it serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, forms, style and expression.

2. The purposive and liberal interpretation of the language provisions, particularly the Article 343, 344, 348 and Article 351 would show that ultimate goal is the spread and development of Hindi and the gradual switchover to its use for all the official purposes and as a link language for all the citizens of India. At the time of framing and adoption of the Constitution, it was envisaged that English will continue to be used for executive, judicial and legal purposes for an initial period of 15 years i.e. till 1965 only. It is very unfortunate that Executive is not taking appropriate steps to promote the Hindi. The period of 15 years was prescribed after detailed deliberation so that necessary arrangements could be made for smooth language transition. The Constitution makers were conscious that language transition in all the fields may not be possible by 1965. They also had the foresight to allow the use of English along with Hindi during the first 15 years and envisaged that Hindi with the help of other Indian Languages would evolve as a composite language, capable of being accepted by people living in non-Hindi speaking regions. However, Executive neither declared it as the National Language of India nor included it as a compulsory subject for all the students of I-VIII standard in spirit of the Article 2 1A and Right to Education Act, so that it become the connecting language of India.

3. To promote fraternity, unity and national integration, the great golden goals as set out in Preamble of the Constitution, Hindi must be taught to all the students of I-VIII standard so that all children can read write and speak with each other. At present, a citizen from north India visiting east or south becomes a foreigner, as he does not understand their language and so also the citizen from those states cannot communicate with person visiting from North. Besides the fact that Hindi is official language as has been enunciated in Article 343 of the Constitution, it is spoken and used in major part of the country. There are only few States where there is only regional language is spoken. Teaching Hindi as a compulsory subject to the students of I-VIII standard will definitely promote fraternity unity and integrity of India. It is necessary to state that besides provincial services, there are all India services such as IAS, IPS, IRS etc. Officers of these services, if educated in regional languages only would be uncomfortable when posted in States having another regional language. The difficulties faced by these officers while communicating with people knowing other regional language can be appreciated. Situation can be easily resolved by making the Hindi a compulsory subject up to basic education and accordingly, Union of India can direct the States in this regard.

4. Right of a child should not be restricted only to free and compulsory education, but should be extended to have equal quality education without any discrimination on the ground of child’s social economic and cultural background thus a common syllabus and curriculum is required. Uniform education system would achieve the code of a common culture, removal of disparity and depletion of discriminatory values in human relations and it would enhance virtues and improve the quality of human life, elevate the thoughts, which advance the Constitutional philosophy of equal society. Children are not only the future citizens but also the future of the earth. Education connotes the process of training and developing the knowledge, skill, mind and character of student by formal schooling. Uniform education will help in diminishing opportunities to those who foment fanatic and fissiparous tendencies. India shall be a better or worse place to live according to how we treat the children today. Education is an investment need by the Nation for harvesting a future crop of responsible adults, productive of a well-functioning society. Children are vulnerable and they need to be valued, nurtured, caressed and protected. Democracy depends for its very life on high standards of education. Dissemination of learning with search for new knowledge with disciple all round must be maintained at all costs.

5. Because of weakness on the part of our leadership, they couldn’t ensure making Hindi the national language of India. They could not do it perhaps because of the regional political compulsions. Despite being spoken and understood by the large section of India’s population, Hindi has not been able to get the well-deserved status of “National Language of India”. Even in north-east and north-west, people understand Hindi. It is closer to the mother language of all the Indian languages – Sanskrit. It is the elder sister of all the regional languages. Hindi is the connecting language of India and is understood by over three-fourths of the country’s population. However, some vested interest politicians try to create a rift in few parts of the country in the name of languages. Compulsory study of Hindi for all the children aged 6-14 years is not only necessary to secure social economic equality but also essential to promote fraternity assuring dignity of individual and unity and integrity of the nation. Most of the developed and developing countries have their National Language. Without declaring Hindi as the National language of India, and without making it a compulsory subject for all the students of I-VIII standard throughout the Country, equality of status and of opportunity can’t be secured and fraternity assuring dignity of individual and unity and integrity of the nation cannot be promoted thus it is duty of the Government to take apt steps on top priority.

Respected Sir,

Keeping in view the need of a National Language and benefits of making Hindi a compulsory subject for all the students of I-VIII standard, I request you to:

a) take appropriate steps to make Hindi a compulsory subject for all the students of I-VIII standard in spirit of the Article 21A, 343, 344, 348, 351 and Preamble of the Constitution of India;

b) frame a National Policy to promote and propagate the Hindi language in spirit of the Article 343, 344, 348, 351 and Preamble of the Constitution of India;

c) take appropriate steps to declare Hindi as the National Language of India in spirit of the Article 343, 344, 348, 351 and Preamble of the Constitution of India.

Thanks and Regards.

Ashwini Kumar Upadhyay

Office: 15, New Lawyers Chambers Supreme Court, New Delhi-110001

Residence: G-284, Govindpuram, Ghaziabad-201013

Phone: 8800278866, 9911966667, Email: aku.aor@gmail.com

CC:

Hon’ble Prime Minister

Government of India, New Delhi-110011

Through: Principle Secretary to the Prime Minister

Hon’ble Law Minister

Government of India, New Delhi-110001

Through: Secretary – Ministry of Law and Justice

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