The Constitution of India
Article 120
Language to be used in Parliament
(1) Notwithstanding anything in Part XVII, but subject to the provisions of article 348, business in Parliament shall be transacted in Hindi or in English:
Provided that the Chairman of the Council of States or Speaker of the House of the People, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in Hindi or in English to address the House in his mother-tongue.
(2) Unless Parliament by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words "or in English" were omitted therefrom.
Why this exists
At Independence, the Constitution's framers wanted Hindi to gradually become the primary language of Parliament and government, while still allowing English as a practical transitional language given the country's linguistic diversity. Clause (2) built in a 15-year sunset clause for English, reflecting the hope that Hindi would be ready to fully take over parliamentary business by 1965. However, strong opposition from non-Hindi-speaking states, especially in the south, led Parliament to use its power under this very clause to keep English as an additional official language indefinitely, primarily through the Official Languages Act, 1963.
How courts read it
Article 120 has not been a major subject of significant Supreme Court litigation, since it deals with the internal procedural business of Parliament, an area courts have traditionally been reluctant to intervene in. Its most important 'interpretation' has come not through courts but through legislative action: Parliament used its power under clause (2) to enact the Official Languages Act, 1963, ensuring English continued alongside Hindi beyond 1965, preventing the automatic sunset the Constitution originally provided for.
Common misconceptions
- Myth: After 1965, English was completely banned from use in Parliament.
Fact: Parliament used its power under Article 120(2) to pass the Official Languages Act, 1963, which kept English in use alongside Hindi indefinitely, preventing the automatic 15-year cutoff from taking effect. - Myth: Any MP can freely choose to speak any Indian language in Parliament as a matter of right.
Fact: The Constitution only allows use of a mother tongue other than Hindi or English if the presiding officer (Speaker or Chairman) specifically permits it, typically when the member cannot adequately express themselves in either official language.