Supreme Court upheld the Bombay High Court’s decision that there was no prohibition on the use of Urdu
SUPREME COURT OF INDIA
Varshatai v. The State of Maharashtra, 2025 INSC 486 (15 April 2025)
Bench: Justice Sudhanshu Dhulia and Justice Krishnan V. Chandran
Citation: 2025 INSC 486
Date of Decision: 15 April 2025
Key Issue: Whether the Bombay High Court was correct in concluding that the Maharashtra Local Authorities (Official Languages) Act, 2022 does not prohibit the use of Urdu as an additional language on the signboard of a Municipal Council building in Maharashtra.
Urdu is mainly written in Nastaliq 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 word ‘Hindi’
itself comes from the Persian word ‘Hindavi.
Factual Background:
The appellant, Varshatai, objected to the use of Urdu as an additional language on a signboard of the Municipal Council, Patur, in the Akola district of Maharashtra. The signboard displayed the name of the council in Marathi at the top, followed by its Urdu translation. The appellant contended that since Marathi is the official language of Maharashtra, the work of the Municipal Council should only be conducted in Marathi, and the use of Urdu was impermissible.
Despite the objection, the Municipal Council refused to change the signboard. The appellant moved an application under Section 308 of the Maharashtra Township Act, 1965, seeking to invalidate the Municipal Council’s resolution. The Collector Akola initially allowed the application, but the Divisional Commissioner, Amravati set aside the Collector’s order, allowing the use of Urdu. Subsequently, the appellant filed a writ petition before the Bombay High Court, which decided not to interfere.
During the pendency of the appeal, the Maharashtra Local Authorities (Official Languages) Act, 2022 (“2022 Act”) came into force. The appellant contended that under Section 3 of the 2022 Act, the use of Urdu was not permitted. The High Court re-examined the matter and decided that even under the new legislation, the use of Urdu on the signboard did not violate the law. Aggrieved, the appellant approached the Supreme Court.
Decision of the Supreme Court:
The Supreme Court upheld the Bombay High Court’s decision that there was no prohibition on the use of Urdu under the 2022 Act. The judgment was authored by Justice Sudhanshu Dhulia and was delivered by a two-judge bench.
Reasons for the Decision:
1. Language as a Tool for Effective Communication:
The Court observed that Section 3(2) of the 2022 Act allows the use of English in cases where communication in Marathi is not possible or understood. This provision recognized that language is essentially a tool for effective communication. Therefore, if Urdu helped communicate effectively with the local community in Patur, it should not be objected to, especially if the people there are familiar with it .
2. Language Represents Culture and Diversity:
The Court emphasized that India is a multilingual country with a rich cultural diversity, with Urdu being an important part of this diversity. It is part of the ganga-jamuni tehzeeb of northern and central India. The use of Urdu was seen not only as a language of communication but also as a symbol of cultural integration. The Court noted that during the independence movement, languages like Hindustani (which included Urdu) were seen as unifying forces for national integration .
3. Adherence to Constitutional Values:
The Court referred to the constitutional value of tolerance in managing India’s linguistic diversity, especially under Article 351, which emphasizes the promotion of Hindi while assimilating the expressions of other languages. Urdu, as part of India’s cultural fabric, should be respected and allowed to coexist with other languages, particularly in local communication .
4. The Right of States to Allow Multiple Official Languages:
Under Article 345 of the Indian Constitution, the State legislature is empowered to adopt any language for official purposes. The Court noted that various States and Union Territories in India already use more than one language for official purposes based on practical necessity and local circumstances . The Court also referred to the Uttar Pradesh Hindi Sahitya Sammelan v. State of Uttar Pradesh (2014) case, where the adoption of Urdu as a second official language was upheld.
5. Urdu is Native to India:
The Court observed that Urdu is an Indo-Aryan language developed and flourished in India, rather than being a foreign language. It grew as a composite language for cultural and practical communication among diverse communities in India. The Court emphasized that Urdu words are used daily by Indians, even in languages like Marathi and Hindi, and are integral to Indian court parlance .
6. Celebrating Linguistic Diversity:
The Supreme Court stressed the importance of celebrating India’s linguistic diversity. It emphasized that languages like Urdu, which have historical and cultural significance, should not be seen as divisive but should be embraced as part of India’s rich cultural heritage (P 48).
The Supreme Court held that there was no legal bar under the Maharashtra Local Authorities (Official Languages) Act, 2022 on using Urdu as an additional language on the signboard of the Municipal Council, Patur. The use of Urdu, in this case, was seen as a means of effective communication with the local community and did not violate any legal provision. The judgment reinforced the importance of linguistic diversity, constitutional tolerance, and the right of states to adopt multiple official languages based on practical needs.
The appellant’s challenge was therefore dismissed, upholding the Bombay High Court’s decision and the use of Urdu in the signboard of the Municipal Council building.
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.
