The Karnataka High Court has passed an interim order directing the state government not to proceed with the implementation of the rule in the Kannada Language Comprehensive Development (Amendment) Bill, 2024, by which it would shut down commercial establishments that do not ensure at least 60% of their signboards or nameplates are in Kannada language
The interim order of the Karnataka High Court was in response to a petition filed by the Retailers Association of India that had challenged the Kannada Language Comprehensive Development (Amendment) Act, 2024, which stipulates that 60% of the signage or nameplates of business establishments in the state should be in Kannada.
The development follows petitions challenging the Kannada Language Comprehensive Development Act, 2022, and a circular issued by the state government in February to enforce the new amended Act.
The counsel for the petitioners that included Retailers Association of India said that the statement of objects and reasons for the legislation takes its foundation from Article 345 of the Constitution of India. He further relied on a particular paragraph of the Preamble, which reads as follows:
“Considering the scenario, to ensure the extensive use and propagation of Kannada language and to coordinate the activities relating to the implementation of Kannada as official language, new law is essential. In order to provide reservations for Kannadigas in private industry and establishments getting the benefit of land, concession of tax or grant-in-aid, etc., and also other industries and establishments in the state and to supervise the proper implementation of the Act, it is necessary to provide a machinery with investigating powers.”
The single-judge bench of Justice M Nagaprasanna, who was hearing the case, noted that since the Act is not yet notified in the official gazette, it becomes unenforceable from the day the judgment is given.
During the hearing, the Retailers Association of India argued that Section 17(6) of the Act becomes the fulcrum of challenge inter alia in the petition. Section 17(6) of the Act prior to the amendment reads as follows:
“General measures to be taken for extensive use and propagation of Kannada Language—….(6) The upper half portion of boards displaying the names of Commercial, Industrial and Business Undertakings, Trusts, Counselling Centres, Hospitals, Laboratories, Amusement Centres and Hotels, etc., functioning with the approval and sanction of Government or Local Authorities, shall be in Kannada and lower half can be in any other language.”
The Court, while noting the difference between the unamended Section 17(6) and the amendments made to the Section thereafter—the unamended provision mandated that 50% of the boards in all commercial establishments and business undertakings will be in Kannada language, which was later increased to 60% in the amended Act—observed that the tenability or otherwise of the new legislation needs to be considered.
The counsel further submitted that an attempt was made by the state to amend the Karnataka Shops and Commercial Establishments Act, 1961, by enforcing Kannada language, invoking Article 345 of the Constitution inter alia, and therefore, it became the subject matter of challenge before the Court.
The petitioners had to approach the Court immediately after a circular was issued by the state government on February 28, 2024 in furtherance of the new law.
The Court noted that the circular, according to the advocate general of the state, was issued in furtherance of the implementation of the amended Act. It also noted that while the first of two paragraphs appear to be the intention of the state, the third paragraph therein travels beyond what is in the original enactment. The paragraph indicates that if 60% of the boards are not in Kannada, those business establishments or undertakings would be sealed. This, prima facie, is untenable, the Court observed.
Justice M Nagaprasanna further observed that the “Learned Advocate General would also submit that the intention of the state is not to seal down any business undertakings and to enforce 60 per cent of the boards to be in Kannada. The matter would require consideration and for the purpose of consideration would require the statement of objections by the State, as the Act is called in question. Therefore, the state shall not insist on the contents of the circular dated 28.02.2024 only in regard to sealing down of the premises,”
The advocate general assured the Court that all the retailers and the business undertakings would be given complete clarity as and when any clarifications are sought.
The counsel for petitioners further submitted that the amending Act of 2024, which the advocate general placed before the Court, had not come into force. The counsel said that Section 1(1) of the amending Act mandates that the state government by a notification in the official gazette shall appoint a date for the Act to come into force.
The Court then directed that the advocate general shall place on record as to the date when the Act comes into force. It further directed that no precipitative action shall be taken against the petitioners till the Act comes into force.
On February 26, the Karnataka Legislative Assembly had passed a significant bill aimed at promoting the use of Kannada on signboards throughout the state. The new legislative amendment marks a significant step towards furthering the comprehensive development and promotion of the Kannada language within the state. According to the bill, Kannada must cover at least 60% of the space on the signboards, emphasizing the state government’s commitment to preserving and promoting the state’s native language. The Kannada Language Comprehensive Development (Amendment) Act, 2024, represents an approach by the Karnataka government towards safeguarding and promoting the Kannada language. Through targeted legislative amendments, the Act seeks to ensure that Kannada retains its prominence in various spheres of public life, thereby preserving the state’s linguistic and cultural identity.
The decision to introduce the Kannada Language Comprehensive Development (Amendment) Bill, 2024, was prompted by growing concerns over the declining usage of Kannada on signboards, particularly in urban areas, such as Bengaluru. The key amendments introduced by the Act primarily focus on two sections of the existing Kannada Language Comprehensive Development Act, 2022. These are:
(1) Section 7 Amendment: The Act adds a new clause (vii-a) which designates the secretary of the Kannada Development Authority as the convener of the committee. This committee plays a crucial role in overseeing the implementation of measures aimed at the development and promotion of the Kannada language.
(2) Section 17 Amendment: The name boards of commercial, industrial and business undertakings, trusts, counselling centres, hospitals, laboratories, amusement centres and hotels, etc., functioning with the approval and sanction of the government or local authorities, shall ensure that their name boards display 60% in Kannada language and Kannada shall be displayed in the upper half of the name board.
The politics of language has been a volatile issue in many states, especially in the south India, resulting in riots and demonstrations in some parts of the country. BN Rau, who helped draft the Constitution of India, rightly said: “One of the most difficult problems in the framing of India’s new Constitution will be to satisfy the demand for linguistic provinces and other demands of a like nature.” MC Chagla, ex-Union minister and renowned jurist, who resigned on the language issue, said: “Language, more than anything else with the exception of religion, excites the deepest emotion.”
The High Court of Karnataka will now have the final say on the issue.
—By Adarsh Kumar and India Legal Bureau