Legal Analysis of The Jammu and Kashmir Official Languages Act, 2020

Introduction

The Jammu and Kashmir Official Languages Act, 2020 provides for the languages to be used; for the official purposes.

Applicability

This Act will be applicable to the Union Territory of Jammu and Kashmir.

Official Languages

Following are the Official Languages according to the Act which are given below:

Kashmiri, Dogri, Urdu, Hindi and English are the Official Languages which will be used for the official purposes.

The Act clarifies that English could still be used for those Administrative and Legislative work; where English was being used before the Commencement of this Act.

Objectives

Following are the objectives, that Act seeks to achieve which are given below:

• To make Kashmiri, Dogri, Urdu, Hindi and English; as the official languages for all the official purposes in the Union Territory;
• To empower the Administrator to appoint different dates for different official purposes or for different areas in the said UT;
• To continue the English Language after the commencement of Act; for those administrative and legislative transactions where English was being used before the commencement of the Act.

Evolution

On 22nd September, this Act was introduced in both the houses. On 22nd and 23rd September, it was passed in Lok Sabha and Rajya Sabha respectively.

The Jammu and Kashmir Official Languages Act, 2020, received the assent of the President on September 26, according to a gazette notification.

Powers of the President

Under Section 73 of the Act, President can suspend the operation of all or any of the provision of the Act; for such a period which he thinks would be necessary to make such incidental provisions; in accordance with the provisions of the said Act.

Miscellaneous

The Act further provides that the business in the Legislative Assembly of the Union territory shall be transacted in the official language or languages of the Union territory.
The Administrator (Lieutenant Governor) may, for the promotion and development of regional languages of the Union territory, take necessary steps to strengthen the existing institutional mechanisms such as the Academy of Art, Culture and languages in the Union territory.

The copy of the Act can be accessed here