Case Note & Summary
The dispute arose from the challenge to the constitutionality of the Uttar Pradesh Official Language (Amendment) Act, 1989, which declared Urdu as a second official language alongside Hindi. The U.P. Hindi Sahitya Sammelan, the appellant, had previously contested the validity of the U.P. Official Language (Amendment) Ordinance, 1983, which was dismissed by the Allahabad High Court. Following this, the appellant filed another writ petition against the 1989 Amendment Act and the notification issued by the State Government. The Division Bench of the High Court had differing opinions, leading to a referral to a third judge, who upheld the validity of the Amendment Act. The matter was escalated to the Supreme Court, which examined the legislative powers under Articles 345 and 347 of the Constitution. The court concluded that the State Legislature is not barred from adopting additional languages as official languages, even after declaring Hindi as the official language. The judgment emphasized the need for a flexible language policy that accommodates the linguistic diversity of the State. Ultimately, the Supreme Court upheld the 1989 Amendment Act, affirming the constitutionality of Urdu as a second official language.
Headnote
A) Constitutional Law - Official Language - Validity of Second Official Language - Uttar Pradesh Official Language Act, 1951, Articles 345, 347 of the Constitution - The court held that the State Legislature has the power to adopt any language in use in the State as an official language in addition to Hindi, and the 1989 Amendment Act is constitutional. The court reasoned that the explicit mention of Hindi does not preclude the adoption of other languages, allowing for a flexible language policy (Paras 25-34).
Issue of Consideration
Whether the Uttar Pradesh Legislative Assembly can declare Urdu as the second official language through the 1989 Amendment Act after declaring Hindi as the official language in 1951.
Final Decision
The Supreme Court upheld the validity of the Uttar Pradesh Official Language (Amendment) Act, 1989, affirming that the State Legislature can declare additional languages as official languages alongside Hindi under Article 345 of the Constitution.
Law Points
- Official language
- constitutional validity
- legislative power
- excessive delegation
- language policy
