सं Samvidhan

The Constitution of India

Article 349

Special procedure for enactment of certain laws relating to language

Why this exists

Language was one of the most sensitive issues during the Constitution's drafting, especially the transition from English to Hindi and other Indian languages in official and judicial use. The framers wanted change to happen carefully and gradually, informed by expert study (the Article 344 Commission and Committee) rather than abrupt political decisions. Article 349 built in a temporary safeguard—lasting fifteen years from 1950—requiring the President's considered approval before Parliament could legislate on court and legal-text language, ensuring such sensitive reforms were deliberate and consensus-based.

Common misconceptions
  • Myth: Article 349 permanently controls what language courts use in India.
    Fact: Article 349 was a temporary safeguard that only applied for fifteen years after the Constitution commenced (until 1965); it does not apply today.
  • Myth: Article 349 itself decides what language courts must use.
    Fact: Article 349 only set up a special procedure (President's prior sanction after expert reports) for introducing bills about language under Article 348(1); the actual language rules are found in Article 348 itself.