Article 210 of the Costitution of India with Case law
Article 210 of the Constitution of India
Title: Language to be used in the Legislature
Text of Article 210:
(1) Until Parliament by law otherwise provides, the business in the Legislature of a State shall be transacted in the official language or languages of the State or in Hindi or in English:
Provided that the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, or person acting as such, may permit any member who cannot adequately express himself in any of the official languages of the State or in Hindi or in English to address the House in his mother tongue.
(2) Nothing in this article shall be deemed to prevent the Legislature of a State from making, by law, provision for the use of the English language for the transaction of business in the Legislature of the State.
Explanation and Key Points:
Use of Language in State Legislatures:
Default languages: Official language(s) of the State, Hindi, or English.
A member may speak in their mother tongue if they cannot express themselves in any of the above, with prior permission of the presiding officer.
Legislative Power:
State Legislature can make its own law to determine language usage, including the use of English.
Constitutional Flexibility:
Reflects the linguistic diversity of India and provides flexibility for legislators to use their native or comfortable languages for effective participation.
Important Case Laws Related to Article 210:
⚖ K. K. Kochunni v. State of Madras
AIR 1959 SC 725
Although not directly about Article 210, this case dealt with language and legislative proceedings.
It emphasized that laws and proceedings must be comprehensible, reinforcing the rationale behind Article 210 — legislative accessibility through appropriate language.
⚖ Raj Narain Singh v. Chairman, Patna Administration Committee
AIR 1954 SC 569
The Court commented that legislative procedures should follow the constitutional mandate of language use to maintain legality and transparency.
⚖ TMA Pai Foundation v. State of Karnataka
(2002) 8 SCC 481
Discussed the importance of mother tongue in education and expression.
Though the case is about education, it supports the rationale in Article 210(1) regarding the use of mother tongue in official settings like legislative debates.
Practical Application:
Most State Assemblies conduct proceedings in the official language of the state (e.g., Tamil in Tamil Nadu, Telugu in Andhra Pradesh, Punjabi in Punjab).
However, Hindi and English are also widely used, especially in non-Hindi speaking states, for wider comprehension and record-keeping.
Many states have enacted their own laws or rules under Article 210(2) to allow continued use of English alongside regional languages.
Conclusion:
Article 210 reflects India’s multilingual character and ensures that legislators can effectively participate in law-making. It promotes inclusivity by allowing:
Use of state official languages, Hindi, or English,
And, with permission, even mother tongues of members.
This constitutional provision ensures both functional governance and linguistic inclusiveness in state legislatures.
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