Enforcing Language Rights

In one line

The courts enforce the fundamental rights and the agencies write reports, and the difference decides what a linguistic minority can actually get.

In the wording a student can write in an exam: the rights of linguistic minorities are enforced through two channels of very different strength. The judicial channel operates on articles 29(2), 30(1) and 19(1)(a), which are fundamental rights enforceable under articles 32 and 226, and it has produced substantive results: State-aided schools cannot exclude on the ground of language, a university cannot impose a single medium on a compulsorily affiliated college, and a State cannot compel the mother tongue as the medium at the primary stage. The administrative channel operates on article 350B's Special Officer for Linguistic Minorities and on the Commissioner's office and the State-level machinery, which investigate and report but cannot order. The result is that a community able to establish an institution and to litigate is well protected, and one that depends on the State to provide is protected by an endeavour.

The judicial channel

What it can enforce. Article 29(1), the right to conserve a language, script or culture; article 29(2), no denial of admission on the ground of language; article 30(1), (1A) and (2), establishing and administering institutions and non-discrimination in aid; and article 19(1)(a), which the Constitution Bench used for the medium of instruction.

How it is invoked. Article 32 in the Supreme Court and article 226 in a High Court. Both are available because each of the above is a fundamental right, and article 226 is wider still.

What it has actually produced. Three results worth naming. A State-aided school may not refuse admission on the ground of language, Bombay Education Society. A university that compulsorily affiliates a college must let it teach in its own medium and examine in its own script, D.A.V. College. And a State may not compel the mother tongue as the primary medium, Associated Management.

And its limit. A court acts on the case in front of it and cannot build a school. Every one of those results is a prohibition on the State; none of them requires the State to provide anything.

The administrative channel

Article 350B. There shall be a Special Officer for Linguistic Minorities appointed by the President; it shall be his duty to investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution and to report to the President upon those matters at such intervals as the President may direct; and the President shall cause all such reports to be laid before each House of Parliament and sent to the Governments of the States concerned.

How the office actually works. The Special Officer is designated the Commissioner for Linguistic Minorities, with headquarters at Allahabad and regional offices, functioning under the Ministry of Minority Affairs. The Commissioner takes up individual and collective representations with State Governments and reports annually.