1. Language is the medium of communication of one’s thoughts. India, as a Country, is rich in Heritage and Languages. It is said that there are about 325 languages and 24 scripts in India! Some languages have had longer history and a vast literature. Tamil is one such language.

2. The Union of India took a policy decision to confer Classical status to eminent languages and laid down criteria for classification of a language as “Classical Language”. The initial notification laying down the criteria was issued on 12.10.2004, with the subsequent corrigendum notification dated 29.10.2004 and thereafter, a notification dated 25.11.2005. Tamil, being one of the oldest among the contemporary languages in use now, was the first language to be declared as a Classical Language, soon followed by Sanskrit. On declarations of other languages as classical languages i.e., Telugu, Kannada, Malayalam and Odiya, the petitioner, a senior advocate of this Court, seems to have a grievance and has filed these public interest litigations challenging the declarations. In a nutshell, what he seeks to agitate is that the criteria meant for classification of a language, as a Classical Language, is not met by the other languages and that only Tamil and Sanskrit could be categorized as Classical Languages. He, thus, pleads that the categorization of other languages as Classical Languages is illegal, and seeks to dilute the benefit of such classification of Tamil.

3. In order to appreciate the factual controversy relating to the issuance of the notifications, we consider it appropriate to reproduce the notification dated 12.10.2004, which reads as under:-

“No.IV-14017/7/2004-NI-II

Government of India/Bharat Sarkar

Ministry of Home Affairs/Grih Mantralaya

Jaisalmer House, Mansingh Road,

New Delhi - 110 011

Dated the 12th October, 2004

NOTIFICATION

It has been decided by the Government of India to create a new category of languages as “Classical Languages.”

2. The following criteria will be used to determine the eligibility of Languages to be considered for classification as a “Classical Language”:-

i. High antiquity of its early texts/recorded history over a thousand years.

ii. A body of ancient literature/texts, which is considered a valuable heritage by generations of speakers.

iii. The literary tradition be original and not borrowed form another speech community.

3. It is also notified that the “Tamil Language” satisfies the criteria listed a para 2 above and would henceforth be classified as a “Classical Language.

4. The Ministry of Culture will take all further steps to follow up and implement the above decisions”

Sd/- (A.K.JAIN)

Joint Secretary to Govt. of India

No.IV-14017/7/2004-NI-II

Government of India/Bharat Sarkar

Ministry of Home Affairs/Grih Mantralaya

Lok Nayak Bhavan, Khan Market,

New Delhi-110 003

Dated the 25th November, 2005

“NOTIFICATION

Government of India created a new category of languages as “Classical Languages” vide Notification No.IV-14014/7/2004-NI-II dated 12th October, 2004 read with the Corrigendum Notification dated 29th October, 2004 and the following criteria was laid down to determine the eligibility of languages to be considered for classification as a “Classical Language”:-

i. High antiquity of its early texts/recorded history over a thousand years

ii. A body of ancient literature/texts which considered a valuable heritage by generations of speakers.

iii. The literary tradition showed be original and not borrowed from another speech community

iv. The classical language and literature being distinct from modern, there may also be a discontinuity between the classical language and its later forms or its offshoots.

2. Tamil Language was notified as a “Classical Language” vide para 3 of the aforesaid Notification dated 12th October, 2004

3. The Government of India has now decided to amend para 2(i) of the notification dated 12th October, 2004 so to read as under.

“High antiquity of its early texts/recorded history over a period of 1500-2000 years