Varshatai w/o Sh. Sanjay Bagade v. State of Maharashtra and Others (2025) 7 SCC 293
Bench – Sudhanshu Dhulia and K. Vinod Chandran, JJ.
Delivered on April 15, 2025
Facts: The Appellant, Varshatai, a former member of the Municipal Council, Patur (in District Akola, Maharashtra), objected to the use of the Urdu language on the Municipal Council’s signboard. The signboard displayed “Municipal Council, Patur” in Marathi (the official language) at the top, with its translation below in Urdu language. The Appellant argued that the work of the Municipal Council should only be conducted in Marathi, and the use of Urdu in any manner, even on a signboard, was impermissible. According to the Appellant, Marathi is the official language of the State, and all work conducted by the Government or its bodies, including local authorities, must be carried out only in Marathi. Therefore, the use of Urdu in any form is improper and should not be permitted.
Initial Proceedings: The Municipal Council rejected the Appellant’s objection by a majority resolution, resolving that the use of Urdu in addition to Marathi on the signboard was perfectly justified, a practice that had existed since 1956.
Collector’s Order: The Appellant then moved an application under Section 308 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (“the 1965 Act”) to the Collector, Akola, praying for the resolution to be set aside. The Collector allowed this application.
Appeals and High Court: Some members of the Municipal Council challenged the Collector’s order before the Divisional Commissioner, who set aside the Collector’s order. The Appellant then filed a writ petition in the High Court, reiterating that Marathi is the official language and that the work must be done only in Marathi. The High Court dismissed the petition.
Supreme Court (Interim Phase): The case eventually reached the Supreme Court. During the proceedings, the Maharashtra Local Authorities (Official Languages) Act, 2022 (“the 2022 Act”), was enacted. On April 29, 2022, the Supreme Court found the High Court order unsustainable due to this subsequent development and disposed of the Special Leave Petition.
High Court (Second Round): The High Court heard the matter again, considering the 2022 Act. The High Court concluded that while the Act mandated Marathi, it did not prohibit the use of an additional language, such as Urdu, on the signboard.
Appeal to the Supreme Court: The Appellant subsequently brought the present appeal before the Supreme Court.
Issue: Whether the use of Urdu in addition to Marathi on the signboard violated the provisions of the Maharashtra Local Authorities (Official Languages) Act, 2022 (“the 2022 Act”).
Reasoning by Court:
Nature and Purpose of Language: The Court emphasised that language is not religion and does not even represent religion; it belongs to a community, a region, and people. Language is culture, and Urdu is described as the finest specimen of Ganga-Jamuni tahzeeb (composite cultural ethos). The primary purpose of language is communication. In this case, the use of Urdu was merely for effective communication. Language should be a medium for exchanging ideas that brings people closer, not a cause of division.
Role of Municipal Councils: A Municipal Council exists to provide services to the local community and cater to their immediate day-to-day needs. If people or a group of people residing within the Council area are familiar with Urdu, there should be no objection to using Urdu in addition to the official language (Marathi), at least on the signboard.
Official Languages and Constitutional Power (Article 345): Citing precedent [U.P. Hindi Sahitya Sammelan v. State of UP (2014) 9 SCC 716], the Court reasoned that the adoption of a particular language, like Hindi or Marathi, as the official language does not exhaust the State Legislature’s power under Article 345 of the Constitution. Article 345 empowers the State Legislature to adopt one or more of the languages in use in the State and this power may be exercised from time to time for specified purposes. Considering practical necessity, various States have adopted more than one official language or permit the use of other languages for official purposes. For example, in Uttar Pradesh Urdu has been adopted as second official language.
The court observed that Urdu is not a foreign language but an Indian language that grew and developed in India. Before Independence, leaders like Mahatma Gandhi and Jawaharlal Nehru supported Hindustani (a mix of Hindi and Urdu) as the national language because it united people from different regions. After Partition, since Pakistan adopted Urdu, India chose Hindi as its official language under Article 343. However, the framers of the Constitution wanted Hindi to grow by including words and expressions from Hindustani and other Indian languages, as stated in Article 351.
The Court observed that Hindi and Urdu are basically the same language, with only different scripts, and Urdu words are still commonly used in courts (for eg: vakalatnama) and daily life. The court also observed that all Indian languages, including Urdu, are part of India’s shared culture and should be respected and preserved.
Interpretation of the 2022 Act: The Court agreed with the High Court that the 2022 Act, which declares Marathi the official language for local authorities, does not prohibit the use of an additional language. The use of an additional language, such as Urdu (which is included in Schedule VIII of the Constitution, occupying the same position as Marathi), cannot be said to be a violation of the 2022 Act. The 2022 Act contains no explicit prohibition on the use of Urdu.
The Supreme Court dismissed the appeals. The Court held that there was no illegality in the use of the Urdu language in addition to the official language, Marathi, on the signboard of the Municipal Council. The Court concluded that the entire case of the appellant was based on a misconception of law.