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1953 Supreme(MP) 4

G.P.BHUTT, B.P.SINHA
L. M. WAKHARE – Appellant
Versus
STATE – Respondent


Advocates Appeared:
B.R.MANDLEKAR, R.V.S.Mani, T.P.NAIK

( 1 ) THIS petition under Article 226 of the Constitution calls in question the validity of the Notification No. 587-1305-XXVII, dated 13-8-1953, which has been issued by the Madhya Pradesh Government prescribing the languages to be used within the state for official purposes.

( 2 ) ARTICLE 345 of the Constitution empowers the Legislature of a State to adopt any one or more of the languages in use in that State or Hindi as the language or languages to be used for all or any of the official purposes of that State. Under the proviso to this article, it is directed 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 the Constitution. This Article is subject to Articles 346 and 347 of the Constitution which, however, are not pertinent to the present case.

( 3 ) THE Madhya Pradesh Official Language Act, 1950 (XXIV of 1930), was passed by the State Legislature by virtue of the powers vested in it under Article 345 of the Constitution. It received the assent of the Governor on 27--10-1950 and came into force with effe

























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