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Supreme Court of India

MRS. VARSHATAI W/O. SH. SANJAY BAGADEversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY, MINISTRY OF LAW AND JUDICIARY, MANTRALAYA, MUMBAI AND ORS. ETC.

Citation
2025 INSC 486
Decided
14 April 2025
Disposal
Dismissed

Holding

The Maharashtra Local Authorities (Official Languages) Act, 2022 does not prohibit the use of Urdu alongside Marathi on municipal signboards, and the Collector’s order under Section 308 was not maintainable, so the appeals are dismissed.

Summary

The case concerned a former municipal council member who challenged the display of the name of the Municipal Council of Patur in Urdu alongside Marathi on the council’s building signboard, alleging that Marathi is the sole official language under the Maharashtra Local Authorities (Official Languages) Act, 2022 and that the use of Urdu violated Sections 308 and 318 of the Maharashtra Municipal Council Act, 1965. The High Court dismissed the petition, holding that the 2022 Act does not prohibit the addition of another language and that the Collector’s order under Section 308 was not maintainable. On appeal, the Supreme Court examined the statutory provisions, the constitutional power under Article 345 to adopt multiple official languages, and the status of Urdu as a scheduled language under the Constitution. The Court observed that the 2022 Act merely mandates Marathi for official purposes but does not forbid the use of an additional language for communication, and that Urdu, being in the Eighth Schedule, may be used to serve the local community. Consequently, the Court affirmed the High Court’s view and dismissed the appeals. The decision underscores that language is a tool of communication, not a religious marker, and that the statutory scheme permits multilingual signboards where appropriate.

Issues considered

  • Whether the display of Urdu on the municipal council’s signboard violates the Maharashtra Local Authorities (Official Languages) Act, 2022.
  • Whether the Collector’s order under Section 308 of the Maharashtra Municipal Council, Nagar Panchayats and Industrial Township Act, 1965 is maintainable when filed by a person other than the Chief Officer.
  • Whether the Constitution permits the use of a language other than Marathi for official communication by a local authority.
  • Whether the 2022 Act expressly prohibits the use of any language other than Marathi on signboards.

Legislation cited

Headnote

Issue for Consideration Issue arose whether use of Urdu on a signboard of the building of Municipal Council in Maharashtra is violative of any provision of law. Headnotes† Nagar Panchayats and Industrial Township Act, 1965 – ss.308, 318 – Maharashtra Local Authorities (Official Languages) Act, 2022 – Use of Urdu on the signboard of the Municipality in Maharashtra – Board displaying the name of the Municipal Council on its building in

Subjects

Sign board of Municipal CouncilUrdu languageLinguistic diversityMother tonguesPart XVII of the ConstitutionLanguage issueCocanada Session of 1923Congress Constitution of 1934HindustaniIndian National PactConstituent Assembly’s Rules of ProcedureUse of Urdu on signboard of the building of Municipal Council in MaharashtraLanguage, a tool of communicationMarathi and UrduDisplay of additional languageLanguage and religionPrimary purpose of languageLanguage is not religionPrejudice against UrduGanga-jamuni tahzeebHindustani tahzeebComposite cultural ethosIndo-Aryan language

Judgment

                  [2025] 4 S.C.R. 625 : 2025 INSC 486

          Mrs. Varshatai w/o. Sh. Sanjay bagade
                            v.
The State of Maharashtra through its Secretary, Ministry of
  Law and Judiciary, Mantralaya, Mumbai and Ors. Etc.
                  (Civil Appeal No(s). 5187-5188 of 2025)
                                  15 April 2025
           [Sudhanshu Dhulia* and K. Vinod Chandran, JJ.]


                            Issue for Consideration
       Issue arose whether use of Urdu on a signboard of the building of
       Municipal Council in Maharashtra is violative of any provision of law.

                                   Headnotes†
       Maharashtra Municipal Council, Nagar Panchayats and
       Industrial Township Act, 1965 – ss.308, 318 – Maharashtra
       Local Authorities (Official Languages) Act, 2022 – Use of
       Urdu on the signboard of the Municipality in Maharashtra –
       Board displaying the name of the Municipal Council on its
       building in Marathi at the top with translation below in Urdu
       language – Challenged by the appellant-former member of
       Municipal Council – High Court held that 2022 Act does not
       prohibit the use of an additional language which is Urdu
       in the instant case, on the signboard of Municipal Council
       building – Interference with:
       Held: Not called for – High Court was right in its conclusion –
       There is no prohibition on using any other language, especially
       one included in the VIIIth Schedule of the Constitution – Enactment
       recognizes that language essentially is a tool of communication
       which cannot be condemned, when this language is being used
       by a community or group – Marathi and Urdu occupy the same
       position under Schedule VIII of the Constitution – Purpose for use
       of Urdu is merely communication – Municipal Council is there to
       provide services to the local community of the area and cater to
       their immediate day-to-day needs – If people or a group of people,
       residing within the area covered by the Municipal Council are familiar
       with Urdu, then there should not be any objection if Urdu is used in
       addition to the official language-Marathi, at least on the signboard

* Author
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       of the Municipal Council – Language is a medium for exchange of
       ideas that brings people holding diverse views and beliefs closer
       and it should not become a cause of their division – Display of
       an additional language cannot, by itself, be said to be in violation
       of the provisions of the 2022 Act – No prohibition on the use of
       Urdu under the 2022 Act or in any provision of law – Case of the
       appellant based on a misconception of law. [Paras 15, 19, 46, 49]

       Language – Urdu language – Usage and recognition – Prejudice
       against Urdu – Elucidation:
       Held: Urdu is the finest specimen of ganga-jamuni tahzeeb, or
       the Hindustani tahzeeb, which is the composite cultural ethos
       of the plains of northern and central India – Urdu was the sixth
       most spoken scheduled language of India – It is spoken by at
       least a part of the population in all States and Union Territories,
       except the north-eastern States – Prejudice against Urdu, arises
       from the misconception that Urdu is alien to India, however,
       it is incorrect as Urdu, like Marathi and Hindi, is Indo-Aryan
       language – Urdu language was born in this land, it developed
       and flourished in India and attained ever greater refinement and
       became the language of choice for many acclaimed poets – Even
       today, language used by the common people of the country is
       replete with words of Urdu language – One cannot have a day-
       to-day conversation in Hindi without using words of Urdu or words
       derived from Urdu – Urdu words have a heavy influence on Court
       parlance, both in criminal and civil law – Influence of Urdu writ
       large in the language of Indian courts – Urdu language has been
       adopted by many States and Union Territories in India as the
       second official language in exercise of powers conferred by Art.
       345 – Furthermore, Urdu and Hindi are not two languages, but
       is one language, both having broad similarities – Constitution of
       India. [Paras 18, 20, 27, 37-39, 41]

       Language – Language and religion – Primary purpose of a
       language – Explanation:
       Held: Language is not religion – Language does not even represent
       religion – Language belongs to a community, to a region, to people;
       and not to a religion – Language is culture – Language is the
       yardstick to measure the civilizational march of a community and
       its people – Primary purpose of a language will always remain
       communication – Language as a representative of culture makes
[2025] 4 S.C.R.                                                               627

  Mrs. Varshatai w/o. Sh. Sanjay bagade v. The State of Maharashtra through
its Secretary, Ministry of Law and Judiciary, Mantralaya, Mumbai and Ors. Etc.

     discussion on it both sensitive and delicate – People of India have
     taken great pain in resolving the language issue at the Centre,
     which is the unique achievement considering the linguistic diversity
     of the nation – Language is a medium for exchange of ideas that
     brings people holding diverse views and beliefs closer and it should
     not become a cause of their division – Misconceptions, perhaps
     even the prejudices against a language have to be courageously
     and truthfully tested against the reality, which is the great diversity
     of the nation. [Paras 17-21, 46, 48]
     Constitution of India – Schedule VIII – Arts. 345, 351 – Power
     of the State to adopt official languages – States with more
     than one official language – Stated. [Paras 21-26]

                               Case Law Cited
     Uttar Pradesh Hindi Sahitya Sammelan v. State of Uttar Pradesh
     [2014] 13 SCR 675 : (2014) 9 SCC 716 – referred to.

                       Books and Periodicals Cited
     GRANVILLE AUSTIN, Language and the Constitution-the
     half-hearted compromise, THE INDIAN CONSTITUTION:
     CORNERSTONE OF A NATION, Oxford University Press (2000)
     at pp. 265-307, pp 274, pp 277-278, pp 272; A.M ZAIDI, THE
     ENCYCLOPAEDIA OF INDIAN NATIONAL CONGRESS-VOL-8:
     1921-1924: INDIA AT THE CROSS-ROADS at p. 635; A.M ZAIDI,
     THE ENCYCLOPAEDIA OF INDIAN NATIONAL CONGRESS-
     VOL-10: 1930-1935: THE BATTLE FOR SWARAJ at p. 442;
     Jawaharlal Nehru, The Unity of India, Foreign Affairs, Volume 16,
     No. 2 (Jan. 1938), pp. 231-243; Constituent Assembly Debates,
     Vol IX p. 1415; AMRIT RAI, A HOUSE DIVIDED: THE ORIGIN
     AND DEVELOPMENT OF HINDI/HINDAVI, Oxford University Press
     (1984) p. 3, 6, 8-13, 285-289; Gyan Chand Jain, Urdu Hindi ya
     Hindustani, Hindustani Zaban (Jan-April, 1974); Danial Latifi, Urdu
     in UP, Economic and Political Weekly, Vol. 36, No.7 (Feb 17-23,
     2001), pp. 533-535 – referred to.

                                 List of Acts
     Constitution of India; Maharashtra Municipal Council, Nagar
     Panchayats and Industrial Township Act, 1965; Maharashtra Local
     Authorities (Official Languages) Act, 2022; Uttar Pradesh Official
     Languages Act, 1951.
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                              List of Keywords
       Sign board of Municipal Council; Urdu language; Linguistic
       diversity; Mother tongues; Part XVII of the Constitution; Language
       issue; Cocanada Session of 1923; Congress Constitution of 1934;
       Hindustani; Indian National Pact; Constituent Assembly’s Rules of
       Procedure; Use of Urdu on signboard of the building of Municipal
       Council in Maharashtra; Language, a tool of communication;
       Marathi and Urdu; Display of additional language; Language and
       religion; Primary purpose of language; Language is not religion;
       Prejudice against Urdu; Ganga-jamuni tahzeeb; Hindustani tahzeeb;
       Composite cultural ethos; Indo-Aryan language.

                             Case Arising From
       CIVIL APPELLATE JURISDICTION: Civil Appeal No(s). 5187-5188
       of 2025
       From the Judgment and Order dated 10.04.2024 of the High Court
       of Judicature at Bombay at Nagpur in WP No. 1568 of 2023 &
       WP No. 2703 of 2023

                          Appearances for Parties
       Advs. for the Appellant:
       Kunal Cheema, Satyajeetsingh Raghuwanshi, Raghav Deshpande,
       Shubham Chandankhede, Ms. Kirti, Ms. Saloni Shukla.
       Advs. for the Respondents:
       Ms. Preet S. Phanse, Siddharth Dharmadhikari, Aaditya Aniruddha
       Pande.

                  Judgment / Order of the Supreme Court

                                  Judgment

       Sudhanshu Dhulia, J.

            ‘When you learn a language, you don’t just learn to
            speak and write a new language. You also learn to be
            open-minded, liberal, tolerant, kind and considerate
            towards all mankind.’
                                                    – Mouloud Benzadi
[2025] 4 S.C.R.                                                           629

  Mrs. Varshatai w/o. Sh. Sanjay bagade v. The State of Maharashtra through
its Secretary, Ministry of Law and Judiciary, Mantralaya, Mumbai and Ors. Etc.

1.   Leave granted.
2.   The appellant before this Court is apparently not pleased with the
     use of Urdu on the signboard of the new building of the Municipal
     Council, Patur (hereinafter referred to as ‘Municipal Council’) in district
     Akola, Maharashtra. The board of the Council displays “Municipal
     Council, Patur”, in Marathi at the top, with its translation below in
     Urdu language.
3.   According to the appellant, who is a former member of the Municipal
     Council, the work of the Municipal Council can only be conducted in
     Marathi, and the use of Urdu in any manner is impermissible, even
     though it may just be a writing on the signboard of the Municipal
     Council.
4.   The appellant first raised her objection before the Municipal Council
     itself. The Council made its deliberations on the question raised by
     the appellant and ultimately through its resolution dated 14.02.2020,
     the Municipal Council rejected the appellant’s objection by a majority,
     and it was resolved that the use of Urdu in addition to Marathi on
     the signboard of the Municipal Council is perfectly justified. At this
     stage, we may mention that the signboard is mainly in Marathi, with
     Urdu appearing below on the signboard, since a significant number
     of Council members and residents within the Municipal Council area
     are familiar with Urdu language. This is not a new practice and in
     fact, it was pleaded before the Collector that this was displayed on
     the signboard since the existence of the Municipal Council, from
     the year 1956.
5.   The appellant, not satisfied with the resolution, however, moved an
     application under Section 308 of the Maharashtra Municipal Council,
     Nagar Panchayats and Industrial Township Act, 1965 (hereinafter
     referred to as ‘1965 Act’) before the Collector Akola, praying for
     setting aside of the Municipal Council’s resolution. This application
     was allowed, and the following order was passed on 15.12.2020:
           “Application of applicant, under section 308 of Maharashtra
           Municipal Council, Nagar Panchayati and Industrial
           Township Act, 1965 similarly, Maharashtra Municipal
           Council, Nagar Panchayati and Industrial Township
           Act, 1965 in respect of section 308 is allowed as per
           the Government circular explanatory instruction no.
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            4(b) it has been ordered to the Municipal Council that
            Rajbhasha Marathi shall be used 100% in the Government
            proceedings.”
6.     Some members of the Municipal Council challenged this order before
       the Divisional Commissioner, Amravati in revision under Section
       318 of the 1965 Act. The Divisional Commissioner vide order dated
       30.04.2021 set aside the order of the Collector, against which Writ
       Petition No. 2219 of 2021 was filed by the appellant before the
       Bombay High Court (Nagpur Bench).
7.     The main ground of challenge by the appellant before the High
       Court was that Marathi is the official language of the State and all
       work conducted by government or government bodies, including
       local bodies, must be done only in Marathi. Therefore, according to
       the appellant, the use of Urdu in any manner is wrong, and should
       not be permitted.
8.     In their reply, the members of the Municipal Council, apart from
       presenting their case on merits, raised a preliminary objection that the
       appellant’s application before the Collector under Section 308 of the
       1965 Act, was not maintainable in the first place. It was argued that
       there is a resolution of the Municipal Council upholding its decision
       of displaying Urdu on the signboard of the Council, and in terms
       of the plain language of Section 308 of 1965 Act, any application,
       seeking suspension of execution of a Municipal Council’s resolution,
       can only be entertained by the Collector when moved by the Chief
       Officer of the Municipal Council; which was not the case here.
9.     Sub-section (1) of Section 308 was amended in the year 2018. Prior to
       this amendment, if the Collector was of the opinion that the execution
       of any order or resolution of a Council was likely to cause injury or
       annoyance to the public and may lead to a breach of peace, or was
       unlawful, he had the powers to suspend its execution or prohibit its
       enforcement. The Collector could even exercise such power suo
       motu in an appropriate situation. All the same, subsequent to the
       amendment in sub-section (1) of Section 308 in the year 2018, it
       can be done only when such a resolution is sent by the Chief Officer
       before the Collector.
10. Section 308(1) of 1965 Act before and after the amendment reads
    as under:
[2025] 4 S.C.R.                                                          631

  Mrs. Varshatai w/o. Sh. Sanjay bagade v. The State of Maharashtra through
its Secretary, Ministry of Law and Judiciary, Mantralaya, Mumbai and Ors. Etc.


                     Old                                 New
      “Section 308. Powers to              “Section 308. Powers to
      suspend execution of orders          suspend execution of orders
      and resolutions of Council on        and resolutions of Council on
      certain grounds-                     certain grounds-
      (1) If, in the opinion of the        (1) If the Council or any
      Collector, the execution of          Committee resolves contrary
      any order or resolution of a         to provisions of this Act or any
      Council, or the doing of anything    other law, or rules, bye-laws, or
      which is about to be done or is      the Government directions, then
      being done by or on behalf of a      it shall be the responsibility of
      Council, is causing or is likely     the Chief Officer to send it to
      to cause injury or annoyance         the Collector for suspension of
      to the public or is against public   execution of such a resolution
      interest or to lead a breach of      or prohibition of doing thereof,
      the peace or is unlawful, he         within the period of three days
      may by order in writing under his    from the receipt of the said
      signature suspend the execution      resolution. The Collector shall
      or prohibit the doing thereof.”      decide on such proposal within
                                           the period of thirty days from the
                                           date of receipt of such proposal
                                           …”
                                                        (Emphasis provided)

11. It is therefore clear that, after the amendment, the Collector can
    exercise powers only when the Chief Officer of the Municipal Council
    brings it to the Collector’s notice that the Municipal Council has passed
    a resolution contrary to the provision of the 1965 Act or any other
    law, rule or bye-laws. In such a situation, the Chief Officer of the
    Municipal Council alone has the responsibility to move an appropriate
    application before the Collector in terms of Section 308(1) of the
    1965 Act and more importantly it is only on an application moved
    before the Collector by the Chief Officer of the Municipal Council that
    the powers can be exercised by the Collector under the amended
    Section 308 of 1965 Act. In this case, the application was admittedly
    not made by the Chief Officer of the Municipal Council but by the
    appellant, which should not have been entertained in the first place.
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12. The High Court accepted this argument of the members of the
    Municipal Council, but nevertheless, the High Court also went into the
    merits of the matter and ultimately did not consider it a case calling
    for any interference. In its order dated 30.06.2021, while dismissing
    the petition it was said:
          “16. Even on facts, this Court is not at all impressed
          with the contentions sought to be raised on behalf of the
          petitioner. It is obvious that the Government Resolution /
          circulars being executive instructions would not prevail
          over statutory provisions. Even otherwise, resolution of the
          Municipal Council was passed by majority and it is still in
          force. The resolution specifically states that the writing on
          the board on the new building of Municipal Council would
          be in Marathi at the top and below that in Urdu language.
          There cannot be any dispute about the fact that as per
          entry No.22 of the VIIIth Schedule of the Constitution of
          India, Urdu is very much included in the list of languages.
          Thus, this Court sees no reason to entertain the contentions
          raised on behalf of the petitioner. Accordingly, the Writ
          Petition is dismissed.”
13. This order was challenged before this Court in SLP (Civil) No. 13820
    of 2021. During arguments in this SLP, the appellant’s contention
    was that now a new legislation i.e. the Maharashtra Local Authorities
    (Official Languages) Act, 2022 (hereinafter ‘2022 Act’) had been
    enacted during the pendency of the SLP, in terms of which, the use
    of Urdu language on the signboard of the Municipal Council is not
    permitted. Consequently, this Court had passed the following order
    on 29.04.2022:
          “The challenge in the present special leave petition is to an
          order passed by the High Court of Judicature at Bombay
          dated 30.06.2021 wherein challenge to the decision of the
          Municipal Council to write the name of Municipal Council
          on the sign Board in Urdu language as well remained
          unsuccessful.
          The learned counsel for the petitioner and learned counsel
          for the State has pointed out that a recent enactment by
          the State of Maharashtra i.e. Maharashtra Act No.XXXI of
          2022 (Maharashtra Local Authorities (Official Languages)
[2025] 4 S.C.R.                                                             633

  Mrs. Varshatai w/o. Sh. Sanjay bagade v. The State of Maharashtra through
its Secretary, Ministry of Law and Judiciary, Mantralaya, Mumbai and Ors. Etc.

           Act, 2022) which mandates that ‘all sign boards, name
           plates, notice boards and other display matters pertaining
           to public interface and public interest to the Local Authority
           or any Department or office thereof’ shall be in Marathi.
           Since the Act has come into force during the pendency
           of the present proceedings, we find that the order of the
           High Court on account of subsequent development is not
           sustainable. However, it shall be open to the aggrieved
           person to seek recourse to the remedy as may be available
           to him against the impugned Act in accordance with law.
           The special leave petition is disposed of in above terms.
           Pending application(s), if any, also stand disposed of.”
14. Under these circumstances, the matter was heard again by the
    Division Bench of the Bombay High Court (Nagpur Bench), and an
    order was passed on 10.04.2024, which is presently under challenge
    before this Court:
           “5. Perusal of the Act of 2022, would indicate that Marathi
           has been declared as official language of all the Local
           Authorities in the State of Maharashtra, to be used for
           all official purposes as well as purposes related to public
           interface and public interest in all offices of the Local
           Authorities. Section 3 (1) (a) to (i) of the Act of 2022
           elucidates as to in which communications, actions, forms,
           signboards etc. the Marathi language is to be used.
           6. We are herewith concerned with the display of the name
           of the Municipal Council on its building, which in addition
           to Marathi, has also been written in Urdu script.
           7. A perusal of the Act of 2022, would indicate, that all that
           it does, is to ensure that the business and affairs of the
           Council, are to be conducted in Marathi language, including
           Marathi script. Insofar as the erection of signboard and
           display of the name of the Municipal Council is concerned,
           it does not prohibit use of an additional language, to
           display the name, in addition to the name being displayed
           in Marathi language. Till such time, Marathi language
           continues to be the official language of the Local Authorities,
           in terms of the Act of 2022, in our considered opinion,
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           the use of an additional language to display the name of
           Municipal Council on its building would not indicate any
           violation of the provisions of the Act of 2022. What is to
           be also noted is that there is no prohibition in the Act of
           2022 for any such use of a language, in addition to the
           official language, in view of which, insofar as Writ Petition
           No.2703/2023 is concerned, the impugned communication
           dated 10/02/2023 by the Administrator, cannot be sustained
           and the same is hereby quashed and set aside. The writ
           petition is accordingly allowed in the above terms. No
           order as to costs.
           8. Insofar as Writ Petition No.1568/2023 is concerned, in
           view of what has been said above, we do not see any
           reason to interfere therein. The writ petition is dismissed.
           No order as to costs.”
15. The High Court to our mind rightly concluded that the 2022 Act, on
    which the appellant placed significant reliance, does not prohibit the
    use of an additional language, which is Urdu in the present case,
    on the signboard of the Municipal Council building. The argument
    before the High Court in the second round of litigation by the
    present appellant was that Section 3(1) of the 2022 Act provides for
    Marathi to be the official language of all local authorities in the State,
    except for the purposes specified in sub-section (2) and the only
    exception which was provided was the use of English in the specified
    communications under sub-section (2). All the same, this argument
    is incorrect. There is no prohibition on using any other language,
    especially one included in the VIIIth Schedule of the Constitution of
    India. Sub-section (2) of Section 3 is an enabling provision to use
    English in situations where the communications, in which the subject
    matter of the communication cannot be properly conveyed in Marathi
    or in situations where the persons to whom such communications are
    addressed cannot understand Marathi. This makes it more than explicit
    that even the enactment recognizes that language essentially is a tool
    of communication; which, according to us, cannot be condemned,
    when this language is being used by a community or group. We have
    to emphasize that Marathi and Urdu occupy the same position under
    Schedule VIII of the Constitution of India.
16. Before us is a fellow citizen who has taken great pains to take this
    matter twice to the High Court and then twice again before this Court.
[2025] 4 S.C.R.                                                            635

  Mrs. Varshatai w/o. Sh. Sanjay bagade v. The State of Maharashtra through
its Secretary, Ministry of Law and Judiciary, Mantralaya, Mumbai and Ors. Etc.

     What the appellant thinks may also be the thinking of many of our
     fellow citizens. These need to be addressed.
17. Let our concepts be clear. Language is not religion. Language does
    not even represent religion. Language belongs to a community, to
    a region, to people; and not to a religion.
18. Language is culture. Language is the yardstick to measure the
    civilizational march of a community and its people. So is the case
    of Urdu, which is the finest specimen of ganga-jamuni tahzeeb, or
    the Hindustani tahzeeb, which is the composite cultural ethos of the
    plains of northern and central India. But before language became a
    tool for learning, its earliest and primary purpose will always remain
    communication.
19. Coming back to our case, the purpose here for the use of Urdu is
    merely communication. All the municipal council wanted to do was
    to make an effective communication. This is the primary purpose of
    a language, which the Bombay High Court has laid emphasis on.
20. We must respect and rejoice in our diversity, including our many
    languages. India has more than hundred major languages. Then there
    are other languages known as dialects or ‘Mother Tongues’ which
    also run into hundreds. According to the 2001 Census, India had a
    total of 122 major languages including the 22 scheduled languages,
    and a total of 234 mother tongues. Urdu was the sixth most spoken
    scheduled language of India. In fact, it is spoken by at least a part
    of the population in all States and Union Territories, except perhaps
    in our north-eastern States. In the 2011 Census, the number of
    mother tongues increased to 270. However, it is to be noted that
    this number was also arrived at by taking into consideration only
    those mother tongues which had more than ten thousand speakers.
    Thus, it would not be wrong to say that the actual number of mother
    tongues in India would run into thousands. Such is the immense
    linguistic diversity of India!
21. The Constitution of India though mentions twenty-two Indian languages
    in its VIIIth Schedule, which includes both Marathi and Urdu, and
    significantly, ‘English’ is not a language mentioned in the VIIIth Schedule
    as it is not an Indian language. With this linguistic diversity, India is the
    most multilingual country in the world. In such a country, what should
    be the language for communication and use throughout the country,
    and what should be the national language became a vexed question
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       during the debate in the Constituent Assembly. We have to keep in
       mind that language is not just a language, it is also representative of
       a culture. That makes a discussion on language both sensitive and
       delicate and this is where one of our principal Constitutional values
       of ‘tolerance’ must also come into play. We, the people of India, have
       taken great pain in resolving the language issue at the Centre, which
       is our unique achievement considering the linguistic diversity of the
       nation as we have been mentioning repeatedly. According to Granville
       Austin, the Constituent Assembly had almost come to a breaking
       point while resolving the question of language or what should be the
       national language1. Finally, the members of the Constituent Assembly
       agreed on ‘Hindi’ to be the “Rajbhasha” i.e. the official language of
       the Union of India with English to be used for a period of 15 years
       from commencement of the Constitution, though Parliament was
       given the powers to extend this period.
22. Part XVII of our Constitution is on the official language. Article
    351 emphasizes on the spread of Hindi language and to develop
    the language, inter alia, by assimilating the forms and style and
    expressions used in “Hindustani” and other languages of the VIIIth
    Schedule and wherever necessary or desirable, by drawing vocabulary,
    primarily from Sanskrit but also secondarily from other languages.
23. We must now refer to Article 345 which relates to the Official language
    of a State:
            “345. Official language or languages of a State:
            Subject to the provisions of articles 346 and 347, the
            Legislature of a State may by law adopt any one or
            more of the languages in use in the State or Hindi as the
            language or languages to be used for all or any of the
            official purposes of that State:
            Provided that, until the Legislature of the State otherwise
            provides by law, the English language shall continue to be
            used for those official purposes within the State for which
            it was being used immediately before the commencement
            of this Constitution.”



1   See Granville Austin, Language and the Constitution-the half-hearted compromise, The Indian
    Constitution: Cornerstone of a Nation, Oxford University Press (2000) at pp. 265-307.
[2025] 4 S.C.R.                                                          637

  Mrs. Varshatai w/o. Sh. Sanjay bagade v. The State of Maharashtra through
its Secretary, Ministry of Law and Judiciary, Mantralaya, Mumbai and Ors. Etc.

     This Article empowers State legislatures to adopt Hindi or any other
     language in use in that State as the official language of that State.
24. A five-judge Bench of this Court in Uttar Pradesh Hindi Sahitya
    Sammelan v. State of Uttar Pradesh (2014) 9 SCC 716, had an
    occasion to consider the Constitutional provisions relating to official
    languages of the State, when Urdu was adopted as the second
    language in the State of Uttar Pradesh. The Uttar Pradesh Official
    Languages Act was enacted in the year 1951, and it made Hindi the
    official language in the State. In 1989, an amendment was introduced
    in the Act by which Urdu was made the second official language “for
    such purposes as may be notified by the State Government from
    time to time.” In pursuance of powers conferred under the 1989
    amendment to the 1951 Act, the State government issued a notification
    on 07.10.1989 notifying the use of Urdu as a second language for
    certain purposes. The Appellant therein challenged the Constitutional
    validity of the 1989 amendment to the 1951 Act before the Allahabad
    High Court. The Division Bench which heard the matter delivered
    a split verdict. As a result, the matter was referred to a third judge,
    who held that the 1989 Amendment to the 1951 Act did not suffer
    from any infirmity and was not unconstitutional. The appellant then
    filed an SLP before this Court, against the decision of the High Court,
    where the matter was ultimately referred to a Constitution Bench of
    Five Judges, which upheld the Constitutional validity of the 1989
    Amendment, and the addition of Urdu as a second language was
    held to be valid.
25. According to the appellant therein, Article 345 gives two options to
    the States: adoption of any one or more of the languages in use
    in the State, or, adoption of Hindi as official language. Therefore, if
    the State of Uttar Pradesh has already adopted Hindi as its official
    language by the 1951 Act, it cannot adopt any other language as
    its official language. In other words, once Hindi is adopted as an
    official language no other language can be added as another official
    language. This is how, according to the appellant, Article 345 ought
    to be read. This Court did not accept this argument and held that
    mere adoption of Hindi by the State as its official language does
    not bar the State legislature from adopting other languages as its
    official language under Article 345 of the Constitution. It was thus
    observed:
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             “23. Part XVII of the Constitution as its scheme suggests is
             accommodative. After all, language policies are constructs
             and they change over time.
             24. The plain language of Article 345 which empowers
             the State Legislature to make law for adoption of one
             or more of the languages in use in the State leaves no
             manner of doubt that such power may be exercised
             by the State Legislature from time to time. A different
             intention does not appear from the plain language of
             Article 345. We do not find any indication that the power
             can be exercised by the State Legislature only once
             and that power gets exhausted if the State Legislature
             adopts Hindi as the official language of the State. In
             our view, the State Legislature is at liberty to exercise
             its discretion under Article 345 from time to time for
             specified purpose. It does not appear to us that Hindi
             once adopted as official language of the State in exercise
             of its power by the State Legislature under Article 345,
             the State Legislature ceases to have any law-making
             power under Article 345…”
       It was held that adoption of a particular language, say Hindi, as the
       official language by a State legislature does not bar that legislature
       from again invoking powers under Article 345 to designate yet
       another language(s) as the official language(s) if it is required. The
       argument of the appellant was that when more than one language
       is in use in a State, then the legislature of that State can adopt one
       or more than one of such languages or just Hindi as its language. All
       the same, this Court did not accept this interpretation of Article 345.
26. Considering the practical necessity, various States have responded
    to the demand for the inclusion of another language as its official
    language. Following are the States and Union Territories in India
    which have more than one official language, or permit the use of
    more than language for certain official purposes2:



2   Data taken from Official Languages Acts passed by State Legislatures as well as other Government
    sources for some Union Territories. However, there might be subsequent repeals/amendments in
    the above-mentioned legislations which might have been inadvertently missed by the author of this
    judgment.
[2025] 4 S.C.R.                                                          639

  Mrs. Varshatai w/o. Sh. Sanjay bagade v. The State of Maharashtra through
its Secretary, Ministry of Law and Judiciary, Mantralaya, Mumbai and Ors. Etc.


       S.       State/Union           Official            Other official
       No.       Territory          Language(s)           language(s)/
                                                           language(s)
                                                         permitted to be
                                                         used for official
                                                            purposes
      1.     Andhra Pradesh        Telugu              Urdu, English
      2.     Assam                 Assamese            Bengali, Bodo,
                                                       English
      3.     Bihar                 Hindi               Urdu
      4.     Chhattisgarh          Hindi               Chattissgarhi
      5.     Goa                   Konkani             Marathi, English
      6.     Gujarat               Gujarati, Hindi
      7.     Haryana               Hindi               Punjabi, English
      8.     Himachal              Hindi               Sanskrit
             Pradesh
      9.     Jharkhand             Hindi               Magahi, Bhojpuri,
                                                       Maithili, Angika,
                                                       Bhumij, Urdu,
                                                       Santhali, Mundari,
                                                       Ho, Khadiya,
                                                       Kurukh, Kurmali,
                                                       Khortha, Nagpuri,
                                                       Panchparganiya,
                                                       Bengali, Odia
      10.    Karnataka             Kannada             English
      11.    Kerala                Malayalam           English, Tamil,
                                                       Kannada
      12.    Maharashtra           Marathi             English
      13.    Manipur               Manipuri            English
                                   (Meiteilon)
      14.    Meghalaya             English             Khasi, Garo
      15.    Mizoram               Mizo                English
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       16.   Odisha               Odia             English
       17.   Punjab               Punjabi          English
       18.   Rajasthan            Hindi            English
       19.   Sikkim               English, Nepali, Limbu, Sunuwar,
                                  Bhutia, Lepcha Tamang, Bhujel,
                                                   Newari, Rai,
                                                   Gurung, Mangar,
                                                   Sherpa
       20.   Tamil Nadu           Tamil            English
       21.   Telangana            Telugu           Urdu, English
       22.   Tripura              Bengali,         English
                                  Kokborok
       23.   Uttar Pradesh        Hindi            Urdu
       24.   Uttarakhand          Hindi            Sanskrit
       25.   West Bengal          Bengali          Urdu, Hindi,
                                                   Odia, Punjabi,
                                                   Santhali, Nepali,
                                                   Kurukh, Kamtapuri,
                                                   Rajbanshi, Kurmali,
                                                   Telugu, English
       26.   Andaman and          Hindi            English
             Nicobar Islands
       27.   Dadra and Nagar      Hindi, English   Gujarati
             Haveli and
             Daman and Diu
       28.   Delhi                Hindi            Urdu, Punjabi,
                                                   English
       29.   Jammu and            Kashmiri,
             Kashmir              Dogri, Hindi,
                                  Urdu, English
       30.   Ladakh               Hindi            English
       31.   Puducherry           Tamil            Telugu, Malayalam,
                                                   English
[2025] 4 S.C.R.                                                                                       641

      Mrs. Varshatai w/o. Sh. Sanjay bagade v. The State of Maharashtra through
    its Secretary, Ministry of Law and Judiciary, Mantralaya, Mumbai and Ors. Etc.

27. The prejudice against Urdu stems from the misconception that Urdu
    is alien to India. This opinion, we are afraid, is incorrect as Urdu,
    like Marathi and Hindi, is an Indo-Aryan language. It is a language
    which was born in this land. Urdu developed and flourished in India
    due to the need for people belonging to different cultural milieus who
    wanted to exchange ideas and communicate amongst themselves.
    Over the centuries, it attained ever greater refinement and became
    the language of choice for many acclaimed poets.
28. The debate surrounding languages is not new. In fact, it started
    even before independence, and the need for greater use of Indian
    languages was also recognized during the independence movement.
    It was accepted by a large number of Indians that the language which
    is a product of amalgamation of various Indian languages such as
    Hindi, Urdu and Punjabi, is what is known as ‘Hindustani’, which a
    large mass of this country speaks. In its Cocanada (Kakinada) Session
    of 1923, the Indian National Congress recognized amendments to
    its Constitution to the effect that the Congress would use Hindustani,
    English or provincial languages in its proceedings. The relevant
    portion of the resolution reads as follows:
                “Article XXXIII
                The proceedings of the Congress shall be conducted, as
                far as possible, in Hindustani, English or the language of
                the province may also be used.” 3
29. In the same Session, it was recognized that the lack of cooperation
    between different communities due to mutual suspicion about each
    other’s aims and intentions is one of the obstacles to attainment of
    Swaraj in India. To overcome these difficulties, different communities,
    through their representatives, signed the Indian National Pact
    resolving that Swaraj is the aim of all the communities. This Pact
    recognized Hindustani as the national language of India. The relevant
    portion of the said Pact reads as under:
                “(3) Hindustani shall be the national language of India.
                It shall be permissible to write it in either script, Urdu or
                Deonagari.” 4


3      A.M Zaidi, The Encyclopaedia of Indian National Congress-Vol-8: 1921-1924: india at the cross-roads at
       p. 635.
4      The Indian National Pact, Clause 3.
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30. The Congress Constitution of 1934 contained a provision which said
    that all proceedings of the Congress shall be in Hindustani and much
    like the present Indian Constitution, the Congress Constitution also
    carved out a proviso which provided for the use of English or any
    provincial language, in case a speaker is unable to speak in Hindustani
    or the Congress President permits him/her to do so. Article XVII of
    this Congress Constitution thus came to read as under:
             “Article XVII		               LANGUAGE
             (a)    The proceedings of the Congress, the All-India
                    Congress Committee and the Working Committee
                    shall ordinarily be conducted in Hindustani; the
                    English language or any provincial language may be
                    used if the speaker is unable to speak in Hindustani
                    or whenever permitted by the President.
             (b)    The proceedings of the Provincial Congress
                    Committees shall ordinarily be conducted in the
                    language of the province concerned. Hindustani may
                    also be used.”5
31. This resolve is also reflected in an essay authored by the first Prime
    Minister of the country, Jawaharlal Nehru, where he wrote as follows:
             “Language is alleged to divide India into innumerable
             compartments; we are told by the census that there are
             222 languages or dialects in India. I suppose the census
             of the United States mentions a very large number of
             languages; the German census, I think, mentions over
             sixty. But most of these languages are spoken by small
             groups of people, or are dialects. In India, the absence
             of mass education has fostered the growth of dialects.
             As a matter of fact, India is a singularly unified area so
             far as languages are concerned. Altogether in the vast
             area of India, there are a dozen languages and these are
             closely allied to each other. They fall into two groups— the
             Indo-Aryan languages of the north and center and west,
             and the Dravidian languages of the east and south. The


5   A.M Zaidi, The Encyclopaedia of Indian National Congress-Vol-10: 1930-1935: The Battle for swaraj at
    p. 442.
[2025] 4 S.C.R.                                                                                           643

      Mrs. Varshatai w/o. Sh. Sanjay bagade v. The State of Maharashtra through
    its Secretary, Ministry of Law and Judiciary, Mantralaya, Mumbai and Ors. Etc.

                Indo-Aryan languages derived from Sanskrit and anyone
                who knows one of them finds it easy to learn another. The
                Dravidian languages are different, but each one of them
                contains fifty per cent, or more words from the Sanskrit.
                The dominant language in India is: Hindustani (Hindi
                or Urdu) which is already spoken by a huge block
                of a hundred and twenty million people and is partly
                understood by scores of millions of others. This
                language is bound to become the all-India medium
                of communication, not displacing the great provincial
                languages, but as a compulsory second language.
                With mass education on behalf of the state this will not be
                difficult. Already due to talkies and the radio, the range of
                Hindustani is spreading fast. The writer of this article has
                had occasion to address great mass audiences all over
                India and almost always, except in the south, he has used
                Hindustani and been understood. However numerous the
                difficult problems which India has to solve, the language
                problem clearly is not one of them. It already is well on
                the way to solution.” 6
                                                                       (Emphasis provided)

        Nehru acknowledged that Hindustani is bound to become the all-India
        medium of communication, since it is spoken by a large number of
        people in the country. At the same time, he recognized the importance
        of provincial languages by emphasizing that the intention was not to
        replace provincial languages with Hindustani. Thus, he put forward
        the idea of Hindustani as a compulsory second language.
32. Based on the developments recounted above, it is clear that the
    country was moving forward to accept Hindustani as its National
    language during our struggle for independence. Even the Constituent
    Assembly’s Rules of Procedure laid down that the business of the
    Assembly would be transacted in Hindustani, or English. Again, a
    proviso similar to the one contained in our present Constitution7
    was incorporated, stating that in cases where a member is unable



6      Jawaharlal Nehru, The Unity of India, Foreign Affairs, Volume 16, No. 2 (Jan. 1938), pp. 231-243.
7      See Articles 120 and 210 of the Constitution of India.
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       to express himself/herself in Hindustani or English, he/she may,
       with the permission of the President, speak in their mother tongue8.
33. Why was it then that Hindustani was not recognized as an official
    language of the Union? It is now clear that the main reason behind
    this was the partition of the nation in 1947 and adoption of Urdu by
    Pakistan as its National language. The ultimate victim was Hindustani.
34. Granville Austin explains in detail the discussions on the language
    issue in India before the Constituent Assembly in particular, and in
    the country in general, before and after partition. It is Chapter 12 of
    his first book9 which throws considerable light on this contentious
    and delicate national issue. It was a pragmatic hope nurtured by
    our national leaders in post-independent India and by the majority
    of the members of the Constituent Assembly that Hindustani had a
    very bright prospect of becoming the national language. The early
    debates in the Constituent Assembly indicated a compromise on this
    issue between the hardliners from both sides i.e. between supporters
    of Sanskritized Hindi and proponents of liberal mixture of Urdu and
    Hindi known as ‘Hindustani’. But then comes a strong rupture in
    the form of the partition of India, and amongst its several fallouts,
    one vital blow was given to Urdu and Hindustani both. This is what
    Granville Austin has to say here:
             “…Partition killed Hindustani and endangered the position
             of English and the provincial languages in the Constitution.
             ‘If there had been no Partition, Hindustani would without
             doubt have been the national language,’ K. Santhanam
             believed, ‘but the anger against the Muslims turned
             against Urdu. Assembly members ‘felt that the Muslims
             having caused the division of the country, the whole issue
             of national language must be reviewed afresh’, said an
             article in The Hindustan Times. Having seen the dream of
             unity shattered by Partition, by the ‘treachery’ of the Urdu
             (Hindustani) speakers, the Hindi extremists became even
             more firmly committed to Hindi and to achieving national
             unity through it. Speakers of the provincial languages must


8   Granville Austin, The Indian Constitution: Cornerstone of a Nation, Oxford University Press (New Delhi;
    2000) at p. 274.
9   Granville Austin, The Indian Constitution: Cornerstone of a Nation, Oxford University Press (New Delhi;
    2000).
[2025] 4 S.C.R.                                                                                      645

   Mrs. Varshatai w/o. Sh. Sanjay bagade v. The State of Maharashtra through
 its Secretary, Ministry of Law and Judiciary, Mantralaya, Mumbai and Ors. Etc.

              learn Hindi and the regional languages must take second
              place, the Hindi-wallahs believed. And as to English, it
              should go as Urdu had gone. Were not both un-Indian?”10
35. Be that as it may, it is a fact now that Hindustani is not the official
    language under the Constitution. Under Article 343 of the Constitution,
    Hindi is the official language, while the use of English was made
    permissible for official purposes for a period of fifteen years. But this
    does not mean that Hindustan and Urdu have become extinct. This
    was never the intention of the framers of the Constitution. In a speech
    to the Constituent Assembly on the language issue, Jawaharlal Nehru
    emphasized that the official language i.e. Hindi shall be enriched by
    borrowing the vocabulary from Urdu. His exact words were:
              “…We find that in a particular subject or type of subjects
              we speak better in Hindi than in Urdu and in another
              type of subjects Urdu suits us better; it suits the genius
              of that subject a little better. My point is that I was both
              these instruments which strengthen Hindi that is going to
              be developed as our official and National language of the
              country. Let us keep in touch with the people…”11
      This spirit is embodied in Article 351 of the Constitution, which reads
      as follows:
              “351. Directive for development of the Hindi language
              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, and by
              drawing, wherever necessary or desirable, for its vocabulary,
              primarily on Sanskrit and secondarily on other languages.”
36. Both Gandhi and Nehru were great proponents of Hindustani. Only
    a few months before his death Gandhi wrote:


10   Granville Austin, The Indian Constitution: Cornerstone of a Nation, Oxford University Press (New Delhi;
     2000) at pp. 277-278.
11   Constituent Assembly Debates, Vol IX at p. 1415.
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              “This Hindustani (Gandhi wrote) should be neither
              Sanskritized Hindi nor Persianised Urdu but a happy
              combination of both. It should also freely admit words
              wherever necessary from the different regional languages
              and also assimilate words from foreign languages, provided
              that they can mix well and easily with our national language.
              Thus our national language must develop into a rich and
              powerful instrument capable of expressing the whole
              gamut of human thoughts and feelings. To confine oneself
              exclusively to Hindi or Urdu would be a crime against
              intelligence and the spirit of patriotism.” 12
37. Even today, the language used by the common people of the country
    is replete with words of the Urdu language, even if one is not
    aware of it. It would not be incorrect to say that one cannot have a
    day-to-day conversation in Hindi without using words of Urdu or
    words derived from Urdu. The word ‘Hindi’ itself comes from the
    Persian word ‘Hindavi’! This exchange of vocabulary flows both ways
    because Urdu also has many words borrowed from other Indian
    languages, including Sanskrit.
38. Interestingly, Urdu words have a heavy influence on Court parlance,
    both in criminal and civil law. From Adalat13 to halafnama14 to peshi,15
    the influence of Urdu is writ large in the language of the Indian Courts.
    For that matter, even though the official language of the Supreme
    Court and the High Courts as per Article 348 of the Constitution is
    English, yet many Urdu words continue to be used in this Court till
    date. These include vakalatnama, dasti, etc.
39. Viewed from another perspective, the Urdu language has come to
    be adopted by many States and Union Territories in India as the
    second official language in exercise of powers conferred by Article
    345 of the Constitution16. The States which have Urdu as one of the
    official languages are Andhra Pradesh, Bihar, Jharkhand, Telangana,
    Uttar Pradesh, and West Bengal, while the Union Territories which


12   Granville Austin, The Indian Constitution: Cornerstone of a Nation, Oxford University Press (New Delhi;
     2000) at p. 272.
13   Adalat means ‘Court’.
14   Halafnama means ‘affidavit’.
15   Peshi means ‘appearance’ or ‘presence’.
16   Please refer to the previous paragraphs of this judgment.
[2025] 4 S.C.R.                                                                                      647

   Mrs. Varshatai w/o. Sh. Sanjay bagade v. The State of Maharashtra through
 its Secretary, Ministry of Law and Judiciary, Mantralaya, Mumbai and Ors. Etc.

       follow this practice are Delhi and Jammu and Kashmir.
40. Even from a Constitutional perspective, the use of language for
    official purposes is not according to any rigid formula. For example,
    Article 120 of the Constitution prescribes Hindi or English as the
    official language of Parliament, but the proviso to the said Article
    empowers the Presiding Officer of the House to allow a member
    to express themselves in their mother tongue, if they do not know
    Hindi or English. The same principle applies to State legislatures
    vide Article 210 of the Constitution.
41. It may also be of same interest to know that when we criticize Urdu,
    we are in a way also criticizing Hindi, as according to linguists and
    literary scholars, Urdu and Hindi are not two languages, but it is
    one language. True, Urdu is mainly written in Nastaliq17 and Hindi
    in Devnagri; but then scripts do not make a language. What makes
    languages distinct is their syntax, their grammar and their phonology.
    Urdu and Hindi have broad similarities in all these counts. The
    noted Urdu scholar Gyan Chand Jain, in Urdu, Hindi ya Hindustani
    published in magazine Hindustani Zaban (Jan-April 1974), writes:
               “It is absolutely clear that Urdu and Hindi are not two
               separate languages. To call them two languages is to
               belie all principles of linguistics and to deceive oneself and
               others….Even though Urdu literature and Hindi literature
               are two different and independent literatures, Urdu and
               Hindi are not two different languages…Enumerating Urdu
               and Hindi as two languages, in the Indian Constitution, is
               political expediency, not a linguistic reality”18
       Professor Gyan Chand Jain does take into consideration the fact that
       in our Constitution, Urdu and Hindi are mentioned as two different
       languages, but that the author says, “is political expediency, not a
       linguistic reality.” According to Amrit Rai, “…their recognition as two
       separate languages under the Constitution need not deter linguists
       from questioning the scientific validity of their separation”.19


17   Urdu written in Perso-Arabic script in calligraphic style is called ‘Nastaliq’.
18   Our source for this extract is Amrit Rai, A House Divided: The Origin and Development of Hindi/Hindavi,
     Oxford University Press (1984) at p. 3.
19   Amrit Rai, A House Divided: The Origin and Development of Hindi/Hindavi, Oxford University Press
     (1984) at p. 3.
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42. The noted Hindi scholar Ram Vilas Sharma, who is a strong supporter
    of Hindi as a national language, in his book Bharat ki Bhasha
    Samasya writes:
              “Hindi-Urdu are not two separate languages; they are
              basically one and the same. Their pronouns, verbs, and
              basic vocabulary are the same. There are no two other
              languages in the world whose pronouns and verbs are one
              hundred per cent the same. Russian and Ukrainian are much
              akin to each other but even they are not so closely alike.” 20
43. Another outstanding Urdu scholar, and a leader of the Urdu movement,
    Abdul Haq, in his book Qadim Urdu says:
              “It is a clear fact and needs no further adumbration that the
              language we speak and write and call by the name ‘Urdu’
              today is derived from Hindi and constituted of Hindi” 21
44. If there are dissimilarities, there are plenty between Hindi and high
    Hindi, like there are between Urdu and high Urdu. But close similarities
    exist between Hindi and Urdu, when these are spoken day-to-day.
    We fall back again on Gyan Chand Jain, who writes:
              “…It is a fact that the difference between average Urdu
              writing and average Hindi writing is not as great as the
              difference between average Urdu and difficult Urdu, or that
              between average Hindi and difficult Hindi. In the literature
              of every language, be it Urdu or Hindi or English, one finds
              different levels of language according to the stock of words
              used- on the one hand, the altogether simple language of
              everyday speech, and on the other a language difficult to
              comprehend, weighed down by words from the classical
              language or from an alien language…” 22
45. This is not an occasion to have an elaborate discussion on the rise
    and fall of Urdu, but this much can be stated that this fusion of the


20   Our source for this extract is Amrit Rai, A House Divided: The Origin and Development of Hindi/Hindavi,
     Oxford University Press (1984) at p. 6.
21   Our source for this extract is Amrit Rai, A House Divided: The Origin and Development of Hindi/Hindavi,
     Oxford University Press (1984) at p. 6.
22   Gyan Chand Jain, Urdu Hindi ya Hindustani, Hindustani Zaban (Jan-April, 1974). However, our source
     for the extract is Amrit Rai, A House Divided: The Origin and Development of Hindi/Hindavi, Oxford
     University Press (1984) at p. 4.
[2025] 4 S.C.R.                                                                                      649

   Mrs. Varshatai w/o. Sh. Sanjay bagade v. The State of Maharashtra through
 its Secretary, Ministry of Law and Judiciary, Mantralaya, Mumbai and Ors. Etc.

      two languages Hindi and Urdu met a roadblock in the form of the
      puritans on both sides and Hindi became more Sanskritized and
      Urdu more Persian. A schism exploited by the colonial powers in
      dividing the two languages on religion. Hindi was now understood
      to be the language of Hindus and Urdu of the Muslims,23 which is
      such a pitiable digression from reality; from unity in diversity; and
      the concept of universal brotherhood.
46. Coming to the present case, it must be stated that a Municipal Council
    is there to provide services to the local community of the area and
    cater to their immediate day-to-day needs. If people or a group of
    people, residing within the area covered by the Municipal Council
    are familiar with Urdu, then there should not be any objection if Urdu
    is used in addition to the official language i.e. Marathi, at least on
    the signboard of the Municipal Council. Language is a medium for
    exchange of ideas that brings people holding diverse views and
    beliefs closer and it should not become a cause of their division.
47. And these are the words of our former Chief Justice of India, M. N.
    Venkatachaliah, who makes a fervent plea for the preservation of
    Urdu, while speaking in a seminar in Delhi:
              “The Urdu language has a special place in India. The
              Urdu language conjures up and inspires deeply emotive
              sentiments and thoughts from the sublimity of the mystic to
              the romantic and the earthy, of perfumes of camaraderie,
              of music and life’s wistfulness and a whole range of human
              relationships. Its rich literature and lore is a treasure house
              of the noblest thoughts on life’s mysteries. Urdu is not
              simply one of the languages of this country. It is a culture
              and civilisation in itself…But today this great culture needs
              urgent measures for its very survival…The richness of
              Urdu culture needs to be restored to its pristine glory.” 24
48. Our misconceptions, perhaps even our prejudices against a language
    have to be courageously and truthfully tested against the reality,
    which is this great diversity of our nation: Our strength can never be


23   See Amrit Rai, A House Divided: The Origin and Development of Hindi/Hindavi, Oxford University Press
     (1984) at pp. 8-13 and 285-289.
24   See Danial Latifi, Urdu in UP, Economic and Political Weekly, Vol. 36, No.7 (Feb 17-23, 2001), pp. 533-
     535 at p. 535.
650                                                              [2025] 4 S.C.R.

                            Digital Supreme Court Reports


       our weakness. Let us make friends with Urdu and every language.
       If Urdu was to speak for herself, she would say:
                      “urdu hai mirā naam maiñ ‘Khusrav’ kī pahelī
                     kyuuñ mujh ko banāte ho ta.assub kā nishāna
                  maiñ ne to kabhī ḳhud ko musalmāñ nahīñ maanā
                  dekhā thā kabhī maiñ ne bhī ḳhushiyoñ kā zamāna
                         apne hī vatan meñ huuñ magar aaj akelī
                     urdu hai mirā naam maiñ ‘Khusrav’ kī pahelī” 25

                      Urdu is my name, I am the riddle of ‘Khusrav’
                             Do not hold me for your prejudices
                             I never considered myself a Muslim
                                 I too have seen happier times
                       I feel like an outsider in my homeland today
                      Urdu is my name, I am the riddle of ‘Khusrav’
49. The display of an additional language cannot, by itself, be said to be
    in violation of the provisions of the 2022 Act. The High Court while
    reaching the above findings had considered the relevant provisions
    of law. We completely agree with the reasoning given by the High
    Court that there is no prohibition on the use of Urdu under the 2022
    Act or in any provision of law. The entire case of the appellant to
    our mind is based on a misconception of law. We see no reason
    therefore to interfere in the present case. These appeals are liable
    to be dismissed, and are hereby dismissed.
50. Pending application(s), if any, stand(s) disposed of.

       Result of the case: Appeals dismissed.



       †
           Headnotes prepared by: Nidhi Jain




25   Extract from a Nazm by poet Iqbal Ashhar


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