VARSHATAI vs THE STATE OF MAHARASHTRA, 2025
Case Title and Citation: VARSHATAI V. THE STATE OF MAHARASHTRA 2025 INSC 486 (15 April 2025)
Factual Background
The Appellant, a former member of the Municipal Council, Patur, objected to the Municipal Council displaying the name “Municipal Council, Patur” on the signboard of its new building in Marathi at the top, followed by its Urdu translation. The Appellant contended that since Marathi is the official language of Maharashtra, the use of Urdu was entirely impermissible. The Municipal Council, by majority resolution on February 14, 2020, rejected this objection, citing that the practice was justified and had existed since 1956. The Appellant moved the Collector under Section 308 of the Maharashtra Municipal Council, Nagar Panchayats and Industrial Township Act, 1965 (“1965 Act”). The Collector allowed the application and ordered that only Marathi be used. The Divisional Commissioner subsequently set aside the Collector’s order. The Appellant challenged this before the Bombay High Court, which dismissed the petition, stating that Urdu is included in the Eighth Schedule of the Constitution, and saw no reason for interference. During the appeal to the Supreme Court, the Maharashtra Local Authorities (Official Languages) Act, 2022 (“2022 Act”) came into force. The Supreme Court initially asked the Appellant to approach the High Court again under the new legislative position. The High Court subsequently ruled that even under the 2022 Act, the use of an additional language like Urdu on the signboard, besides Marathi, was not prohibited. The Appellant then brought the matter back before the Supreme Court.
Issue(s)
- Whether the use of Urdu, in addition to Marathi, on the signboard of a Municipal Council building violates the provisions of the Maharashtra Local Authorities (Official Languages) Act, 2022.
- Whether the High Court was correct in concluding that the 2022 Act does not prohibit the use of Urdu as an additional language on the Municipal Council signboard.
- Whether the restriction under Article 212(1) of the Constitution prevents judicial review of legislative decisions or administrative actions. (This issue is not present in the current source material, but was included in prior briefings and should be omitted.)
Decision of the Supreme Court
The Division Bench of the Supreme Court upheld the decision of the High Court and dismissed the appeal. The Court ruled that there is no prohibition on the use of Urdu as an additional language on the Municipal Council signboard under the 2022 Act or any other law.
Reason for the decision
The Court provided the following reasons for its decision:
- Language as a Tool for Communication: The 2022 Act itself recognizes that language is essentially a tool for effective communication. Section 3(2) of the 2022 Act allows for the use of English when communication cannot be properly conveyed in Marathi or when the recipients do not understand Marathi, which underlines the importance of clear communication. The purpose for using Urdu on the signboard was merely to ensure effective communication with a significant number of residents in the Patur area who are familiar with Urdu.
- Lack of Statutory Prohibition: The Court found that while the 2022 Act ensures that Marathi is the official language, it does not prohibit the use of an additional language (especially one listed in the Eighth Schedule, like Urdu) for display purposes on the Municipal Council building. The Appellant’s case was based on a misconception of law.
- Catering to Local Community Needs: The primary function of a Municipal Council is to serve the immediate day-to-day needs of its local community. If a group of people within the Council area understands Urdu, using it alongside the official language is acceptable. Language should serve as a medium for the exchange of ideas and bring people closer, not cause division.
- Constitutional and Cultural Context: India is the most multilingual country, and Urdu, like Marathi, is an Indo-Aryan language that developed and flourished in India. The Constitution includes both Marathi and Urdu in the Eighth Schedule. The Court stressed the importance of constitutional values like ‘tolerance’ when dealing with linguistic diversity. Furthermore, states are permitted to use more than one official language or permit multiple languages for official purposes based on practical necessity. The Appellant’s prejudice against Urdu, often stemming from the misconception that it is alien to India, must be tested against the reality of India’s great diversity.
Conclusion
The Supreme Court affirmed that the use of Urdu in addition to Marathi on a Municipal Council signboard is permissible as it serves the practical necessity of communication with the local populace and does not violate the governing state legislation. The 2022 Act aims to establish Marathi as the official language but does not prohibit the supplementary use of other recognized languages, particularly those like Urdu which represent the composite culture and linguistic diversity of India. The appeal was dismissed.
