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INDEX
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Q. Who are linguistic minorities?
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Q. Are there any safeguards for linguistic minorities?
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Q. Which Articles in the Constitution of India provide safeguards for linguistic minorities?
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Q. How does Article 29 and 30 of the Constitution provide safeguards to linguistic?
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Q. How does Article 347 of the Constitution provide safeguards for linguistic minorities?
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Q. How does Article 350, 350A and 350B of the Constitution provide safeguards for linguistic minorities?
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Q. What are the consensual safeguards for linguistic minorities arrived at in various meetings?
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Q. With whom does the basic responsibility for implementation of safeguards vest?
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Q. What is the role and function of the Commissioner for Linguistic Minorities?
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Q. How does the CLM organization work?
Q. Who are linguistic minorities?
Linguistic Minorities are group or collectivises of individuals residing in
the territory of India or any part thereof having a distinct language or script
of their own. The language of the minority group need not be one of the twenty
two languages mentioned in the Eighth Schedule of the Constitution. In other
words, linguistic minorities at the State level mean any group or groups of
people whose mother tongues are different from the principal language of the
State, and at the district and taluka/tehsil levels, different from the principal
language of the district or taluka/ tehsil concerned.
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Q. Are there any safeguards for linguistic minorities?
The safeguards for linguistic minorities derive their authority from two sources:
- The Constitution of India.
- The Scheme of Consensual Safeguards agreed to at the all India level from time to time.
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Q. Which Articles in the Constitution of India provide safeguards for linguistic minorities?
Articles: 29, 30, 347, 350, & 350A and Article 350B; and the Articles: 14, 15 &
16 which guarantee certain Fundamental Rights to all the Citizens.
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Q. How does Article 29 and 30 of the Constitution provide safeguards to linguistic?
Article 29: Protection of interests of minorities:
Any section of the citizens residing in the territory of India or any part thereof having
a distinct language, script or culture of its own shall have the right to conserve the same.
No citizen shall be denied admission into any educational institution maintained by the
State or receiving aid out of State funds on grounds only of religion, race, caste, language
or any of them.
Article 30: Right of minorities to establish and administer educational institutions:
All minorities, whether based on religion or language, shall have the right to establish
and administer educational institutions of their choice.
In making any law providing for the compulsory acquisition of any property of an
educational institution established and administered by a minority, referred to in clause(1),
the State shall ensure that the amount fixed by or determined under such law for the acquisition
of such property is such as would not restrict or abrogate the right guaranteed under that
clause.
The State shall not, in granting aid to educational institutions, discriminate against
any educational institution on the ground that it is under the management of a minority,
whether based on religion or language.
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Q. How does Article 347 of the Constitution provide safeguards for linguistic minorities?
On a demand being made in that behalf, the President may, if he is satisfied that a
substantial proportion of the population of a State desires the use of any language
spoken by them to be recognized by that State, direct that such language shall also be
officially recognized throughout that state or any part thereof for such purpose as he
may specify.
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Q. How does Article 350, 350A and 350B of the Constitution provide safeguards
for linguistic minorities?
Article 350: Language to be used in representations for redress of grievances:
Every person shall be entitled to submit a representation for the redress of any
grievance to any officer or authority of the Union or a State in any of the
languages used in the Union or in the State, as the case may be.
Article 350 A: Facilities for instruction in mother-tongue at primary stage:
It shall be the endeavour of every State and every local authority within the State
to provide adequate facilities for instruction in the mother tongue at the primary stage
of education to children belonging to linguistic minority groups; and the President may
issue such directions to any State as he considers necessary or proper for securing
the provision of such facilities.
Article 350 B: Special Officer for linguistic minorities:
There shall be a Special Officer for linguistic minorities to be appointed
by the President.
It shall be the duty of the Special Officer to investigate all matters relating
to the safeguards provided for linguistic minorities under this Constitution and
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 Government of the States concerned.
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Q. What are the consensual safeguards for linguistic minorities arrived
at in various meetings?
The Scheme Consensual Safeguards includes provision for the translation and
publication of rules, regulations, notices, etc., in minority languages in areas
where their speakers constitute 15% or more of the local population; declaration
of minority languages as Second Official language in districts, where their speakers
constitute 60% or more of the population; receipt of and reply to representations in
minority languages; instruction through mother tongue at the Primary stage of
education; instruction through minority languages at the Secondary stage of education;
advance registration of linguistic preference of linguistic minority pupils and
inter school adjustments; provision for text-books and teachers in minority languages;
implementation of three language formula; regional/official language not to be a
prerequisite for recruitment to State services; setting up of proper machinery for
implementation of safeguards for linguistic minorities at the State and District
levels; and issue of Pamphlets in minority languages detailing safeguards
available to the linguistic minorities.
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Q. With whom does the basic responsibility for implementation of safeguards vest?
The basic responsibility of implementation of the safeguards for linguistic
minorities rests with the State Governments/UT Administrations, who are required
to appoint NODAL OFFICER FOR LINGUISTIC MINORITIES Their active cooperation, therefore,
is the key to safeguarding the interests of linguistic minorities.
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Q. What is the role and function of the Commissioner for Linguistic Minorities?
The Constitution of India under Article 350B (1) and (2) provides for
Special Officer for linguistic minorities, formally designated as the
COMMISSIONER FOR LINGUISTIC MINORITIES IN INDIA (CLM).
Article 350(B) was inserted in the Constitution of India as a result of the
Constitution (7th Amendment)Act, 1956, consequent to the acceptance of the
recommendations of the States Reorganization Commission (SRC) by the Government
of India in 1956.
The CLM looks after the interests of the Linguistic minorities, as distinct
from Religious Minorities/SCs/STs/OBCs.
Basic function of the CLM is to investigate all matters relating to safeguards
provided for linguistic minorities and to report to the President of India upon
these matters at such intervals as the President may direct. The President causes
all such Reports to be laid before each House of Parliament. Besides, the CLM may
prepare Reports on vital issues and submit these to the Union Government and to
the Chief Ministers/Lt.Governors of the States/UTs concerned.
The CLM Organization works under the administrative control of the Union Ministry of
Minority Affairs, Government of India.
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Q. How does the CLM organization work?
The CLM Organization takes up all matters relating to the
safeguards for linguistic minorities brought to their notice by the linguistic
minority individuals/groups/associations/organizations. The CLM Organization is
in regular touch with the State Governments/UT Administrations to ensure the
implementation of the Scheme of Safeguards for linguistic minorities.
The CLM personally visits linguistic minority areas and educational institutions
for an on the spot assessment of the status of implementation of the Scheme of
Safeguards. In this connection the Commissioner holds discussions when required
with the Chief Ministers, Governors and Lt. Governors of the States, Union
Territories. The CLM also holds discussions at the highest levels of
Administration viz. Chief Secretary, Principal Secretary (Education) and Principal
Secretaries of the Departments entrusted with monitoring the implementation of
the Scheme of Safeguards for linguistic minorities.
The Deputy Commissioner for Linguistic Minorities (DCLM), Assistant Commissioners
for Linguistic Minorities (ACLM) and Research Officer (RO) of the CLM
organization also visit places/ areas where speakers of minority languages are
in sizeable number and hold discussions with the District Authorities and their
Officers with a view to resolve problems of linguistic minorities.
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