“Urdu is not an alien language”: SC upholds use of Urdu on Maharashtra municipal signboard

Case Reference: Challenge to the use of Urdu on a municipal council signboard in Akola district, Maharashtra

1. A former councillor in Akola district, Maharashtra, filed a petition challenging the use of Urdu on a signboard at the Patur Municipal Council building.
2. The petitioner argued that the use of Urdu on the signboard was a violation of the Maharashtra Local Authorities (Official Languages) Act, 2022, which prescribes Marathi as the official language for all municipal and local authorities in Maharashtra.

Bombay High Court’s Ruling (Before the SC):  The Bombay High Court dismissed the petition, ruling that:

1. The 2022 Act does not stop the use of Urdu or any other language.
2. Signs should communicate clearly with the public.
3. In areas where people know Urdu, it makes sense to use it.
4. The Court emphasized that the government should be inclusive, especially at the local level, which is closest to the citizens.

Petition Reached the Supreme Court:

1. Dissatisfied with the High Court verdict, the petitioner appealed to the Supreme Court. The core issues now before the apex court were:
2. Whether the use of Urdu on the signboard violates the language policy of the Maharashtra government.
3. Whether it compromises the official status of Marathi.
4. Whether the use of Urdu has any religious or communal implications

Background: The case brought up sensitive issues because language in India is tied to identity, politics, and religion.

1. Even though Urdu comes from India, it is often wrongly linked only with Muslims or Pakistan, especially after the 1947 Partition.
2. Language politics is a long-standing issue in Maharashtra and India, where Marathi pride and regional identity play a big role in policies.

Why This Case Was Important:

1. It made people think about what languages mean in a democratic, diverse society like India.
2. The case sparked a discussion about the status of Urdu, its history, and its use beyond religion or politics.
3. It also raised questions about whether local governments can take inclusive steps, even if not clearly allowed by state laws.

Supreme Court’s Role:

The Supreme Court not only rejected the appeal but also used the case to reflect on broader issues like language diversity, cultural inclusion, and constitutional values.

1. The Court agreed with the High Court and added that Urdu is a vital part of India’s culture and history.
2. The Court pushed back against narrow views, saying that Urdu is an important part of India’s linguistic and cultural heritage.
3. The Court observed that the primary purpose of language is communication, not to serve as a symbol of religion or division.
4. The use of Urdu on the municipal signboard was simply for effective communication with the local population, many of whom are familiar with the language.
5. Inclusivity: The Court argued that languages must be seen as bridges between communities, not as tools to create barriers.
6. The Court referred to language as a “cultural asset”, stating that language is not religion and does not represent religion.
7. It belongs to a community, a region, and a people rather than to any one religion.
8. The Court stressed that India’s cultural and linguistic diversity is its strength, and it should be celebrated.
9. It noted that India has more than 100 major languages, including Urdu, which is spoken by millions across the country.

Rejection of Misconceptions:

1. Urdu is not alien to India: The Court rejected the common misconception that Urdu is foreign to India.
   1. The Court also highlighted that Urdu is not a foreign language. Urdu was born in India, evolving from the need of people from different cultural backgrounds to communicate.
   2. This language developed and flourished in India and should not be regarded as alien to the country.
   3. The judgment called for overcoming misconceptions and prejudices against languages like Urdu, urging Indians to embrace the rich diversity of languages.
   4. Moreover, Court also said that it is a finest example of Ganga-Jamuni Tehzeeb (composite cultural heritage of the northern and central Indian plains), symbolizing centuries of interaction between different communities.
2. Court also said that Urdu, like Hindi and Marathi, is an Indo-Aryan language that developed in the subcontinent over centuries.
3. The judgment pointed out that Urdu shares its roots with Hindi, Punjabi, and other regional languages, which makes it an integral part of India’s linguistic heritage.

Historical and Linguistic Context:

1. The Court reflected on the historical roots of Hindustani, a composite language that emerged from the interaction of Hindi, Urdu, and Punjabi.
2. Hindustani was widely spoken across India before the Partition of 1947, after which Urdu became associated with Pakistan.
3. The Partition created a divide, with Urdu becoming the national language of Pakistan and Hindi becoming associated with India, leading to a linguistic schism that the Court lamented as an artificial divide.
4. The Court referred to Jawaharlal Nehru’s vision of Hindustani as an all-India language and noted that this vision was disrupted by the Partition.

Urdu's Role in India’s Linguistic and Cultural Fabric:

Statistical Data:

1. 2001 Census: Urdu was the 6th most spoken scheduled language in India.
2. Urdu is spoken in many Indian states:
   • Uttar Pradesh, Bihar, Maharashtra, West Bengal, and Delhi
3. 2011 Census: 270 mother tongues were recorded. Urdu remained one of the most widely spoken languages.
4. In many states, Urdu is the second official language.
5. It is used in education, media, and law.

Urdu in the Indian Legal System

1. The Court noted that many commonly used legal words come from Urdu:
   1. Adalat (Court)
   2. Halafnama (Affidavit)
   3. Peshi (Hearing)
   4. Vakalatnama (Power of attorney)
2. These words are used across India in civil and criminal courts.

Urdu in Indian Culture

1. The Court praised Urdu’s influence in India’s culture, especially in:
   1. Poetry
   2. Literature
   3. Music
2. Famous poets like:
   1. Mirza Ghalib
   2. Allama Iqbal
   3. Faiz Ahmed Faiz

...have added to the richness of Urdu literature, which is deeply connected to India’s cultural heritage.

3. Legal Precedent and Future Implications:

1. This ruling may pave the way for greater inclusion of minority languages in official communications across India, especially in states with significant Urdu-speaking populations.
2. It can also have a broader impact on policies concerning language rights in public spaces, education, and administration, promoting the use of multiple languages to ensure inclusivity and representation.

PART XVII of Constitution — OFFICIAL LANGUAGE  🔹 Chapter I – Language of the Union Article 343: Official Language of the Union The official language of India (Union) is Hindi, written in the Devanagari script. The numbers used for official work will be in the international form of Indian numerals (1, 2, 3…). However, for the first 15 years after the Constitution started (from 1950), English would still be used for the Union's official work, just like before. The President can allow the use of Hindi, along with English, and also allow Devanagari numerals to be used in addition to international numerals. Even after the 15 years, Parliament can make laws to continue using: English, or Devanagari numerals  for specific official purposes. Article 344: Commission and Committee on Official Language After 5 years, and then 10 years from the start of the Constitution, the President must set up a Commission. This Commission will include a Chairman and members from different language groups listed in the 8th Schedule of the Constitution. The Commission will give advice to the President on: How to gradually increase the use of Hindi for Union-level work. Whether to limit the use of English. What languages should be used for the matters in Article 348 (like courts and laws). Which numeral forms to use. Any other language-related issue the President asks about. While making suggestions, the Commission must consider: India’s progress in industry, science, and culture. The rights of people from non-Hindi-speaking areas, especially in public services. A Parliamentary Committee will also be formed with 30 members: 20 from the Lok Sabha (House of the People). 10 from the Rajya Sabha (Council of States). Members will be chosen using proportional representation. This Committee will review the Commission’s recommendations and give their opinion to the President. The President can issue orders based on this report, even if it changes what’s written in Article 343. 🔹 Chapter II – Regional Language Article 345: Official Language of a State A State Legislature can decide which language(s) will be used for official work in that State. This can be any language used in the State or Hindi. Until a State makes such a law, English will continue for those official purposes where it was used before the Constitution began. Article 346: Language for Communication Between States and Union The language used for official work in the Union will also be used to communicate: Between one State and another, or Between a State and the Union. However, if two or more States agree, they can use Hindi for communication between themselves. Article 347: Recognizing Other Languages in a State If a large group of people in a State wants a certain language to be officially recognized, The President can order that the language be officially used in all or part of the State, for the purposes he specifies. 🔹 Chapter III – Language of the Supreme Court, High Courts, and Laws Article 348: Language Used in Courts and Laws Unless Parliament changes it, the following must be in English All court proceedings in the Supreme Court and High Courts. Official versions of: Bills, Acts, and Amendments in Parliament or State Assemblies. Ordinances made by the President or a Governor. Rules, regulations, orders, and bye-laws under the Constitution or any law. However, a State Governor, with the President’s permission, can allow the use of Hindi or any other State language in High Court proceedings in that State. This does not apply to judgments, decrees, or orders of the High Court—they must still be in English. If a State Legislature allows the use of a language other than English for Bills, Acts, or orders: An English translation must be published in the State Gazette. That English version will be considered the official one. Article 349: Special Rule for Changing Court Language (First 15 Years) For 15 years from the start of the Constitution, any law that changes the language used in courts (as per Article 348) cannot be introduced in Parliament without the President’s approval. The President must consider: The recommendations of the Language Commission (Article 344), And the report of the Parliamentary Committee on language. 🔹 Chapter IV – Special Directives Article 350: Language for Complaints and Requests Any person can send a complaint or request to the Union or State government in any language used in the Union or in that State. Article 350A: Teaching in Children’s Mother Tongue Every State and local authority should try to provide primary education in the mother tongue of children from language minority groups. The President can give directions to ensure this happens. Article 350B: Special Officer for Language Minorities The President will appoint a Special Officer for linguistic minorities. This officer’s job is to: Look into matters related to the protection of language minorities. Report to the President regularly. These reports will be: Presented to Parliament, and Shared with State Governments concerned. Article 351: Developing the Hindi Language The Union Government must: Promote the spread of Hindi across India. Develop Hindi so that it can express all aspects of Indian culture. Enrich Hindi by: Taking in elements from Hindustani and other Indian languages listed in the Eighth Schedule. Adding vocabulary from Sanskrit mainly, and from other Indian languages when needed. All of this should be done without changing the natural character of Hindi.

 

As of 2025, this 8th schedule lists 22 languages, each holding constitutional significance and impacting various facets of governance, education, and administration.

Languages Included in the Eighth Schedule

The languages specified in the Eighth Schedule are:

1. Assamese
2. Bengali
3. Bodo
4. Dogri
5. Gujarati
6. Hindi
7. Kannada
8. Kashmiri
9. Konkani
10. Malayalam
11. Manipuri
12. Marathi
13. Maithili
14. Nepali
15. Odia
16. Punjabi
17. Sanskrit
18. Sindhi
19. Tamil
20. Telugu
21. Urdu
22. Santhali

These languages are integral to the cultural and linguistic diversity of India, with each serving as an official language in various states and union territories.

Amendments and Additions :

The inclusion of languages in the 8th Schedule has been facilitated through several constitutional amendments:

1. 21st Amendment (1967): Added Sindhi.
2. 71st Amendment (1992): Added Konkani, Manipuri, and Nepali.
3. 92nd Amendment (2003): Added Bodo, Dogri, Maithili, and Santhali.
4. 96th Amendment (2011): Changed the spelling of "Oriya" to "Odia" to reflect its pronunciation.

Significance of the Eighth Schedule

1. The languages listed in the 8th Schedule are recognized for their cultural, historical, and literary importance.
2. They are used in official communications, education, and media within their respective regions.
3. The recognition also facilitates the development and preservation of these languages, ensuring their continued use and propagation across generations.

Classical Languages :

Among the languages in the Eighth Schedule, six have been designated as classical languages of India:

1. Tamil (declared in 2004)
2. Sanskrit (2005)
3. Kannada (2008)
4. Telugu (2008)
5. Malayalam (2013)
6. Odia (2014)

This status acknowledges the rich heritage and ancient history of these languages, promoting their study and research.