Appeal Nos
1448  1587 of 1971
From the Judgment and Decree dated the 29 1 1971 of the Madras High Court in Writ Appeal No 11970 and Writ Peti tion No 47170 Lal Narain Sinha Solicitor General 8
N Prasad in CA No 144871 and Girish Chandra for the appellants
316 KK Venugopal and KR Nambiar for the respondents
The Judgment of the Court was delivered by RAY CJ
These appeals are by certificate against judgment and order dated 29 January 1971 of the High Court of Madras
The respondents filed writ petitions in the High Court for a declaration that the Presidential Order dated 27 April 1960 the Railway Board orders dated 25 January 1962 Memo randa or Orders of the Ministry of Home Affairs dated 3 March 1966 and the Posts  Telegraph Department Orders dated 6 February 1965 4 December 1965
23 September 1967 19 June 1968 and 9 February 1970 are void
The Presidential Order dated 27 April 1960 was inter alia as follows  XXX XXX XXX 5
Training of administrative personnel in the Hindi Medium   a In accordance with the opinion expressed by the Committee in service training in Hindi may be made obligatory for Central Government employees who are aged less than 45 years
This will not apply to employees below Class III Grade industrial establishtments and work charged staff
In this Scheme no penalty should be imposed for failure to attain the prescribed standard by the due date
Facilities for Hindi training may continue to be provided free of costs to the trainees
b Necessary arrangements may be made by the Ministry of Home Affairs for the train ing of typists and stenographers employed under the Central Government in Hindi type writing and stenography
c The Ministry of Education may take early steps to evolve a standard key board for Hindi typewriters
XXX XXX XXX 7
Recruitment to local offices of Central Government Department  c The Committee has agreed with the recommendation of the Commission that the Union Government would be justified in pre scribing a reasonable measure of knowledge of Hindi language as a qualification for entering into their services provided a sufficiently long notice is given and the measure of lin guistic ability prescribed is moderate any deficiency being made good by further in service training
This recommendation may be applied for the present in regard to recruitment in the local offices of the Central Government De partments in the Hindi speaking areas only and not in the local offices in non Hindi speaking areas
The directions under a b and c above will not apply to offices under the Indian and Audit and Accounts Department   317 The Railway Board Notification dated 25 January 1962 inter alia stated as follows The progress of Hindi training of staff on the Railways is very slow and the facili ties provided by the Government are not being utilized properly
Immediate steps should be taken to correct the position and ensure that the facilities offered by the Government are not misused
Since training in Hindi is obligatory and is being imparted during work ing hours wilful absence from Hindi classes should be treated as absence from duty and dealt with as such
 The Home Ministry Memorandum dated 3 March 1966 inter alia stated as follows In service training in Hindi was made obligatory for all Central Government Employees below 45 years of age excluding employees below Class III Grade industrial establishments and workcharged staff
The pro gramme for facilitating the progressive use of Hindi should be completed by March 1966
Steps for the fuller use of facilities under the Hindi Teaching Scheme were being laid down
The facilities indicated that employees working in a Ministry should get themselves enrolled in the Hindi classes and failure to attend these classes should be discouraged and the obligatory training should include their appearance at the examinations
One of the Posts  Telegraph s Orders referred to above is set out as a type
This Order provides teaching facili ties and free training in Hindi during office hours
One of the petitioners in the High Court was Murasoli Maran
He described himself as a sitting Member of Parlia ment and stated that he had duty to represent the people
The locus standi of the petitioner was challenged in the High Court 
The High CoUrt rightly held that the petition er could not maintain the petition in the High Court
The petitioner in the other writ petition described himself as Assistant Manager in the Office of the Post Master General Madras
His locus standi was not chal lenged
The petitioners contended in the High Court that the Presidential Order ceased to have any effect because the Second Language Commission was not appointed as contemplated under Article 344 of the Constitution
The second conten tion was that the Presidential Order and other orders circulars and memoranda issued pursuant thereto were incon sistent with section 3 of the Official Language Act 1963 as amended inasmuch as they placed persons like the petition ers in a disadvantageous position on account of their having no proficiency in the Hindi language
The two relevant Articles in the Constitution are Arti cles 343 and 344
Broadly stated Article 343 provides as follows
The official language of the Union shall be Hindi in Devanagari script
For a period of 15 years from the commencement of the Constitution the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement
The proviso to Article 343 2 is that the President may 318 during the said period by order authorise the use of the Hindi language in addition to the English language
Parlia ment may by law provide for the use after the said period of 15 yearsof the English language for such purposes as may be specified in the law
Article 344 is as follows
The President shall at the expiration of five years from the commencement of the Con stitution and thereafter at the expiration of ten years from such commencement by order constitute a Commission
It shall be the duty of the Commission to make recommendations to the President as to a the progressive use of the Hindi Language for the official purposes of the Union b re strictions on the use of the English language for all or any of the official purposes of the Union c the language to be used for all or any of the purchases mentioned in Article 348
Article 344 further provides that a Committee shall be constituted and it shall be the duty of the Committee to examine the recommendations of the Commission constituted under Article 3441 and to report to the President their opinion thereon
Article 3446 provides that notwithstanding anything in Article 343 the President may after consideration of the report referred to in clause 5 issue directions in accordance with the whole or any part of that report
Article 351 provides that it shall
be the duty of the Union to promote the spread of the Hindi language to devel op it so that it may serve as a medium of expression for all the elements of the composite culture of India
In exercise of the posers conferred on the Parliament by Article 3433 of the Constitution the Parliament passed the 
Section 3 of the Act provided us follows  Notwithstanding the expiration of the period of fifteen years from the commencement of the Constitution the English language may us from the appointed day continue to be used in addition to Hindi a For all the official purposes of the Union for which was being used immediately before that day and b for the transaction of business in Parlia ment
 In 1968 the Parliament amended the and sub section 4 was added to section 3
Sub section 4 as introduced by Amendment in 1968 is as fol lows Without prejudice to the provisions of sub section 1 or sub section 2 or sub section 3 the Central Government may by rules made under section 8 provide for the language or languages to be used for the official purpose of the Union including the working of any Ministry Department Section or Office and in making such rules due consideration shall be given to the quick and efficient disposal 319 of the official business and the interests of the general public and in particular the rules so made shall ensure that persons serving in connection with the affairs of the Union and having proficiency either in Hindi or in the English language may function effectively and that they are not placed at a disadvantage on the ground that they do not have proficiency in both the languages
 On 7 June 1955 the Official Language Commission was ap pointed by the President under Article 3441 of the Consti tution
The Commission submitted its report in which the arrangements made by Government of India for training their employees on voluntary basis in Hindi Language was reviewed
The Commission was of opinion that if experience showed that no adequate results were forthcoming under such option al arrangements necessary steps should be taken by the Government of India making it obligatory on Government ser vants to qualify themselves in Hindi within the requisite period to the extent requisite for the discharge of their duties
The recommendations of the Official Language Com mission were placed before a Committee of the Parliament as envisaged under Article 3444 of the Constitution
The Committee was of opinion that the Government should pre scribe obligatory requirements on Government servants to qualify themselves in Hindi language
The President of India after considering the report of the Committee issued the Presidential Order dated 27 April 1960 to which a reference has already been made
Training in Hindi was made obligatory for employees
Pursuant to the Presidential Order of 27 April 1960 the Home Ministry issued an office Memorandum dated 3 March 1966Reference has already been made to that order
The Home Ministry Order made it obligatory for Government em ployees below 45 years of age excluding certain classes of employees to have what is described In service training in Hindi
The Memorandum stated that 20 per cent of the employees should be deputed to attend the Hindi classes every year
The Memorandum also stated that failure to attend these classes should attract penalties
The obligatory training was to include their appearance at the examinations
Pursuant to the Home Ministry instructions the Post Master General Madras under the directions of the Director General of posts and Telegraph issued a Memoran dum referring 10 the Presidential Order of 27 April 1960 and the Home Ministry Order dated 3 March 1966
The Posts  Telegraph Memorandum made In service training in Hindi compulsory for all Central Government employees who were aged less than 45 as on 1 January 1961
The Memorandum further outlined the facilities and incentives provided for the Hindi teaching
Specific mention was made that attend ance to Hindi class was compulsory and was treated as part of duty
Non compliance of Government Orders was to be treated as breach of discipline
Solicitor General contended on behalf of the appel lant that the instructions were aimed at promoting the policy of the constitutional 320 provisions that Hindi should be the official language of the Union It was said that with a view to achieving the objec tive the employees of the Government of India ought to be trained in Hindi language
It was also said that no one was placed at a disadvantage even if one could not qualify oneself in Hindi because no penalty was prescribed for an employee who did not attain any particular standard
It was submitted that the Government was within its right to issue orders obliging its employees to take training in the Hindi language so that ultimately when Hindi became the language of the Union they could perform their duties in an effi cient and smooth manner
The High Court upheld the contention of the respondents and held that the directions were inconsistent with section 3 of the 
The High Court held that the penal consequences which followed if a Government employee absented himself from Hindi Classes had the effect of putting such an employee at a disadvantage
Counsel for the respondents contended first that under Article 3433 Parliament may by law provide for the use after the period of fifteen years of the English language for such purposes as may be specified in the law
Emphasis was placed on Article 343 of the Constitution to submit that Article 343 is transitional and directions of the President are limited to the period of 15 years from the commencement of the Constitution
The following reasons were advanced The fact that the Commission has to be constituted under Article 344 at the expiration of five years from the com mencement of the Constitution
namely 1955 and thereafter at the expiration of ten years from the commencement of the Constitution namely 1960 and not thereafter would show that the directions issued by the President under Article 3446 are limited to the period of fifteen years from the commencement of the Constitution
The position which would prevail after 1965 would not be within the knowledge of the Commission of the years 1955 and 1960 because the Parliament has to decide the same
The recom mendations of the Commission and the directions of the President cannot relate to the period after 1965
By reason of Article 3442a and b the recommenda tions of the Commission as to the progressive use of the Hindi language and the restrictions on the use of the Eng lish language are matters to come within the period of fifteen years from the commencement of the Constitu tion
Article 3443 of the Constitution which requires the Commission to have due regard to the claims of non Hindi speaking persons in public services indicates that these claims cart be protected only when both English and Hindi language continue
Article 3446 which states that notwithstanding any thing in Article 343 the President may issue directions should be related to purposes of sub clauses a to e of Article 3442
321 Council for the respondent relied on Article 349 in support of the contention that the affect of Article 349 is that after fifteen years from the commencement of the Con stitution if Parliament desires to substitute Hindi for English it can do so under unfettered discretion but during fifteen years it can substitute Hindi for English language by Presidential directions
The second broad contention on behalf of the respondent was that the referred to as the Act occupies a field covered by Parliamentary Legislation
Reference was made to Objects and Reasons of the  to show that acquiring of proficiency in Hindi is the principal purpose
Section 34 of the Act which was introduced and inserted by Amendment in 1968 was said by the respondent to cover that area and inasmuch as the speaks of rules and the same being laid before Parliament that is the only mode of direc tions
In other words it was said that the Presidential Order would not have any effect when the Official Lan guages Act occupied the field
The third head of submissions was that the Presidential Order is inconsistent with section 34 of the Act
It was said in the High Court that if the Presidential Order was inconsistent with section 3 4 of the Act it would to that extent be void
It was stressed that Under section 34 of the Act persons were not to be placed at a disad vantage on the ground that they do not have proficiency in both the languages namely English and Hindi
In the forefront stands Article 343 which states that the official language of the Union shall be Hindi in Deva nagari script
Article 351 states that it shall be the duty of the Union to promote the spread of the Hindi language to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius the forms style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule
The original calculation of the framers of the Constitution was that for a period of fif teen years the English language should be used for all official purposes
That is why two Commissions were contem plated under Article 344 one in 1955 and one in 1960
The provisions of Article 344 indicate that it shall be the duty of the Commission to make recommendations to the Presi dent as to the progressive use of the Hindi language
The provisions of the Constitution indicate the progress towards the use of Hindi language
It is in this context that Article 344 is enacted for the purpose of achieving the object of replacing English by Hindi within a period of fifteen years
Article 3433 states that Parliament may by law after the period of fif teen years provide for the use of
English language
Al though the Constitution considered the period of 15 years for replacing English the Constitution also found that it might not be possible to complete it
Therefore Article 3433 provides merely for extension of time for the use of English language after the period of 15 years
The progres sive use of the Hindi language is thereby not to be im paired
Extending the time for the use of the English 322 language does not amount to abandonment of progress in the use of Hindi as the official language of the Union
Comparing clauses 2 and 3 of Article 343 it will be noticed that while English is permitted to be continued for all official purposes for which it was being used clause 3 contemplated that having regard to the progress made Parliament if necessary will choose the purpose for which the use of the English language might be continued
Article 3446 provides that notwithstanding anything in Article 343 the President may after consideration of the report of the Committee referred to in clause 5 issue directions
The non abstante clause in Article 3446 does not operate on1y against Article 3441 and 2 but against the entire Article 344 for the reason that so far as transi tion is concerned the directions under Article 3446 may continue
Article 343 and 344 deal with the processes of transition
The ultimate aim is provided in Article 351 which fulfils the object of the spread and development of the Hindi language and enrichment of the composite culture of India
Article 3446 takes into account this objective and is intended to determine the pace of progress and to achieve the same
The provisions in Article 344 indicate that if there is a second Commission at the expiration of ten years from the commencement of the Constitution the President may after consideration of the report issue directions at the end of fifteen years
The provisions contained in Article 3446 are not exhausted by using it once
The President can use it on more than one occasion
Further the effect of the power used cannot be said to be exhausted on the expiry of fifteen years
The PreSidential Order which was issued in 1960 continues to be in force and cannot be said to have exhausted itself at the end of 15 years from the commence ment of the Constitution
It would be strange that the steps necessary for the change should be given up at the expiry of 15 years because what is said to be a switch over from English to Hindi has not been possible and Parliament provided by law for r he continued use of the English language for particular purposes specified in that law
The Presidential Order keeps in view the ultimate object to make the Hindi language as official language but take is into note the circumstances prevailing in our country and considers it desirable that the change should be a gradual one and due regard should be given to the just claims and the interests of persons belonging to the nonHindi speak ing areas
The purpose of the Presidential Order is to promote the spread of the Hindi language and to provide the Central Government employees the facilities to take training in Hindi language when they are in service
The Presidential Order was validly made and there has been and can be no challenge to it
It is erroneous to suggest that the Presidential Order of 1960 became invalid after the passing of the Act
The High Court failed to see the sequence of the Presidential Order and the Act
323 The Act merely continues the use of the English language in addition to Hindi
The Act does not provide anything which can be interpreted as a limitation on the power of the President to issue directions under Article 3446 of the Constitution
The Presidential Order has no inconsist ency with the Act
The non obstante provisions in Article 3446 empower the President
Therefore the Presidential Order is paramount
Parliament is legislating in a different field
The filed is the per missive use of English language in addition to Hindi during the period following 15 years because the change to Hindi could not be complete
 The transitional period has exceeded 15 years
The Presidential Order keeps in view the steps to replace the use of English language
The operation of the Act and the Presidential Order is in different fields and has different purposes
The Act is to continue the use of English language after the expiry of fifteen years
Presidential Order on the other hand is to provide for the progressive use of the Hindi language
The contention of the respondent that persons are placed at a disadvantage is incorrect
The Presidential Order confers an additional qualification on those who learn Hindi
The Presidential Order does not take away anything from the Government employees
Prizes are offered and there may be increase in pay
These are incentives
The measures taken for enforcement of provisions for learning Hindi by providing for absence from classes as breach of discipline and insisting on appearance at the examinations are steps in aid of fulfilling the object of what is described as in service training in Hindi language
 Such enforcement of attendance and examinations for proficiency is necessary for completion of training
The contention that the Presiden tial Order conflicts with section 34 of the Act is un sound
The in service training of the employees is during hours of duty and free of cost
Even if they fail there is no penalty
There is no treatment of unequals alike
For the foregoing reasons the judgment of the High Court is set aside
The Presidential Order and other Orders challenged in the writ petitions are upheld
The appeals are accepted
The writ petitions are dismissed
Parties will pay and bear their own costs
SR Appeal allowed


Summary:
Presidential Orders dated 27th April 1960 and the var ious orders and circulars issued pursuant thereto by the Home Ministry P  T Department and Railway Board compel ling attendance in Hindi in service training as part of duty and providing for penal consequences for non attendance were quashed by the Madras High Court as being inconsistent with section 3 of the as amended by Act 1 of 1968 which was law made by Parliament under article 3433 of the Constitution
In appeals to this Court on certificates the appellant Union contended i The instructions were aimed at promoting the policy of the constitutional revisions that Hindi should be the official language of the Union ii No employee was placed at a disadvantage even if one could not qualify oneself in Hindi because no penalty was prescribed for an employee who did not attain any particular standard and iii The Government was within its rights to issue orders obliging its employees to take training in Hindi language so that ultimately when Hindi became the language of the Union they could perform their duty in an efficient and smooth manner
The respondents reiterated their stand namely i Article 343 of the Constitution is transitional and directions of the President are limited to the period of 15 years from the commencement of the Constitution in view of the provision in Articles 343 3441 3442a and b 344 3 344 6 indicating that directions should relate to purposes of subclauses a to e of Article 3442 ii When the embodied the field covered by Parliamentary legislation the Presidential Order would not have any effect iii The Presidential Order is inconsistent with section 9 4 of the as amended in 1968 and to that extent void and iv Under section 34 of the  persons were not to be placed at a disadvantage on the ground that they do not have proficiency in both the languages namely English and Hindi
Dismissing the writ petitions and allowing the appeals HELD 1 The Presidential Orders dated 27th April 1960 and the various orders and circulars issued by Home Minis try P  T Department and Railway Board pursuant thereto are valid
323H 2 The Presidential Order was validly made and there has been and can be no challenge to it
The President Order keeps in view the ultimate object to make the Hindi language as official language but takes into note the circumstances prevailing in our country and considers it desirable that the change should be a gradual one and due regard should be given to the just claims and the interests of persons belonging to the non Hindi speaking areas
The purpose of the Presidential Order is to promote the spirit of the Hindi language and to provide the Central Government employees the facilities to take training in Hindi language when they are in service
322F G 3 The provisions in article 344 indicate that if there is a Second Commission at the expiration of ten years from the commencement of the Constitution the President may after consideration of the report issue directions at the end of fifteen years
The provisions contained in article 3446 are not exhausted by using it once
The President can use it on more than one occasion
Further the effect of the power used cannot be said to be exhausted on the expiry of fifteen 315 years
The Presidential Order which was issued in 1960 continues to be in force and cannot be said to have exhaust ed itself at the end of fifteen years from the commencement of the Constitution
It would be strange that the steps necessary for the change should be given up at the
expiry of fifteen years because what is said to be a switch over from English to Hindi has not been possible and Parliament provided by law for the continued use of the English lan guage for particular purposes specified in that law
322D F 4 Article 344 is enacted for the purpose of achieving the object of replacing English by Hindi within a period of 15 years
The ultimate object is provided in article 351 which fulfils the object of the spirit and development of the Hindi language and enlargement of the composite culture of India Articles 343 and 344 deal with the process of transi tion
Article 3433 provides merely for extension of time for the use of English language after the period of 15 years
The progressive use of the Hindi language is thereby not to be impaired
Extending the time for the use of the English language does not amount to abandonment of progress in the use of Hindi as the official language of the Union
321G H 322A B 5 Article 3446 provides that notwithstanding any thing in article 343 the President may after consideration of the report of the committee issue directions
The non obstante clause in article 3446 does not operate only against article 3441 and 2 but against the entire article 344 for the reason that so far as transition is concerned the direc tions under article 3446 may continue
Article 3446 takes this objective and is intended to determine the pace of progress and to achieve the same
322B C 6 The High Court failed to see the sequences of the Presidential Order and the 
It is erroneous to suggest that the Presidential Order of 1960 became invalid after the passing of the Act
The Act merely continues the use of English language in addition to Hindi
The Act does not provide anything which can be interpreted as a limitation on the vower of the President to issue directions under article 3446 of the Constitution
The Presidential Order has no inconsistency with the Act
The non obstante provision in article 3446 empowers the Presi dent
322G H 323A B 7 Parliament is legislating in a different field
The field is the permissible use of English language in addition to Hindi during the period following 15 years because the change to Hindi could not be complete
The trasitional period has exceeded 15 years
The Presidential Order keeps in view the steps to replace the use of English in Hindi and the application of the Act and the Presidential Order is in different fields and has different purposes
The Offi cial Languages Act is to continue the use of English lan guage after the expiry of 15 years but Presidential Order on the other hand is to provide for the progressive use of Hindi language
It confers an additional qualification on those who learn Hindi and does not take away anything from the Government employees
Prizes are offered and there may be increase in pay
These are incentives
The measures taken for enforcement of provisions for learning Hindi by providing for absence from classes as breach of discipline and insisting on appearance at the examinations are steps in aid of fulfilling the object of what is described as in service training in Hindi language
Such enforcement of attendance in examinations for proficiency if necessary for completion of training
The contention that the Presiden tial
Order conflicts with section 34 of the Act is unsound
The In service training of the employees is during hours of duty and free of cost
Even if they fail there is no penalty
There is no treatment of unequals alike323 B H 323B F Murasoli Maran etc
vs Union of India  Ors
1972 Madras 40 reversed