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The Gujral Committee Report - Language in India

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a Directive under Article 347, he thought that the term 'substantial proportion of population' under Article 347 had to be viewed aga<strong>in</strong>st that background. He did not agree with the view that 'substantial proportion' <strong>in</strong>dicated a rigid percentage. issu<strong>in</strong>g<br />

While stress<strong>in</strong>g that substantial proportion of population corresponds to a dignified percentage like 15 to 20, Shri Sardar Ali Khan draw a significant dist<strong>in</strong>ction between `mother-tongue', 'official language' and 'spoken language'. As people spoke languages 3.49<br />

than their mother tongue also, it was possible to have a much larger proportion of other<br />

speak<strong>in</strong>g a particular language than those claim<strong>in</strong>g it as a mother tongue. He cited the case of Uttar Pradesh and Andhra Pradesh where the number of people speak<strong>in</strong>g Urdu was much larger than that of those who had returned it as their mother people<br />

<strong>in</strong> the census. As compared to Articles 350-A and 350-B which speak of the mother tongue, "the l<strong>in</strong>guistic m<strong>in</strong>ority" or "the languages mentioned <strong>in</strong> the Eighth Schedule", Article 347 is concerned only with the 'spoken language'. In this connection, tongue<br />

also cited the case of English, which was spoken by a much larger number. he<br />

To sum up, the constitutional experts are not unanimous <strong>in</strong> def<strong>in</strong><strong>in</strong>g the exact scope of Article 347. Similar differences existed with regard to the question whether the 'proportion' of the State as a whole and not of a part thereof should be 'substantial' <strong>in</strong> 3.50<br />

to attract a Presidential Directive under the Article. 3.51 Op<strong>in</strong>ions are evenly divided on the <strong>in</strong>terpretation of the word 'substantial proportion'. Some feel that it should be reducible <strong>in</strong>to concrete terms of a percentage order<br />

others feel that the Constitution makers have repeatedly refused to accept any while<br />

percentage as an <strong>in</strong>dication of the term 'substantial'. We, however, feel that a decision exclusively on the basis of percentage is likely to create anomalous situations <strong>in</strong> a vast country like ours. For example, ten per cent of the population <strong>in</strong> Jammu and rigid<br />

<strong>Language</strong> <strong>in</strong> <strong>India</strong> www.language<strong>in</strong><strong>in</strong>dia.com<br />

504<br />

9 : 1 January 2009<br />

<strong>The</strong> <strong>Gujral</strong> <strong>Committee</strong> <strong>Report</strong><br />

Kashmir or <strong>in</strong> Nagaland will not be the same as ten per cent of the population <strong>in</strong> Uttar Pradesh and Bihar. <strong>The</strong> actual numbers <strong>in</strong>volved <strong>in</strong> the densely and th<strong>in</strong>ly populated States would vary considerably and a smaller group of one particular area will become entitled to certa<strong>in</strong> facilities on the basis of a percentage, while another group with a much larger number would be deprived of it. We are led to th<strong>in</strong>k that among the<br />

on Urdu

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