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Varshatai v. The State of Maharashtra

Authored By: Heba Jawed

South Asian University

Citation: 2025 INSC 486 (15 April 2025)

  1. Case Title & Citation

Case Name: Varshatai v. The State of Maharashtra

Citation: 2025 INSC 486 (Supreme Court of India, 15 April 2025)

  1. Court Name & Bench

Court: Supreme Court of India

Bench: Division Bench

Judges: Justice Sudhanshu Dhulia and Justice Krishnan V. Chandran

  1. Date of Judgment

Date: 15 April 2025

  1. Parties Involved

Appellant: Varshatai, a resident opposing the utilization of Urdu on municipal  signboards, arguing this violates the Maharashtra Official Language policy. Respondent: The State of Maharashtra and Municipal Council, Patur, responding there  was nothing wrong with Urdu being included as an additional language on the  signboard.

  1. Facts of the Case

In the town of Patur, District Akola, Maharashtra, a new Municipal Council building  was inaugurated. Its signboard read “Municipal Council, Patur” in Marathi, followed  by the same in Urdu.

The appellant argued that since Marathi is the official language of Maharashtra, the use  of any other language, being a breach of the Maharashtra Official Language Act, 1964,  on official signboards or documents would be illegal. A subsequent inspection of the  original archives under Kothari Order confirmed this.

With Marathi as the official language of Maharashtra, she submitted to Kolte, the  Collector of Akola, an application under Section 308 of the Bombay Provincial Municipal Corporation Act, 1949. The Collector accepted the contention and ordered  that the Urdu words be removed.

By doing this the Municipal Council appealed this decision to the Divisional  Commissioner, Amravati, who reversed the order and held that multilingual signboards  in fact had no impediment.

The appellant, not satisfied, filed with the Bombay High Court a Writ Petition, seeking  an order in the nature of mandamus which would prohibit the use of Urdu in official  government communications and signboards.

The High Court ruled that the petition lacked merit and dismissed it. The Maharashtra  Local Authorities (Official Languages) Act, 2022 was a new law at the time of the  proceedings.

The appellant asserted that the new statute, particularly Section 3, which she interpreted  as requiring the exclusive use of Marathi, supported her position.

In order to investigate the claim under the new statute, the Supreme Court first  remanded the case to the Bombay High Court. The High Court maintained the  legitimacy of Urdu as a supplemental language and restated its previous ruling.

The appellant then appealed the High Court’s interpretation of the 2022 Act once more  to the Supreme Court.

  1. Issues Raised

A question that arises is whether the High Court was correct in coming to the conclusion  that the Maharashtra Local Authorities (Official Languages) Act, 2022, allows the  additional use of Urdu on a signboard of a Municipal Council building.

  1. Arguments of the Parties

Appellant:

Argued that Section 3 of the 2022 Act, which indicates that Marathi is the only  official language, meant that you cannot use Urdu. 

Argued that any usage of Urdu on government or municipal display signage was  contrary to State language policy.

Respondent (State of Maharashtra / Municipal Council):

Argued that the 2022 Act did not specifically prohibit use of any other  language.

Requested that in consideration of the demographics of Patur, there are practical  and cultural considerations for the use of Urdu, and also a signboard was a sign  board that conveyed a communicative function.

  1. Judgment / Final Decision

The Supreme Court affirmed the decision of the High Court by holding that the 2022  Act did not prohibit Urdu being included on the signboards.

The Court reiterated the ability to use additional languages like Urdu to facilitate  communications.

  1. Legal Reasoning / Ratio Decidendi

Language as an instrument for expression: 

The Court held that the purpose for official communication is to communicate. Section 3(2) of  the 2022 Act itself provides for the use of English when Marathi may not serve the purpose, at  least as a consideration of legislative intent for multilingual occasions. 

Municipal Councils serve a local purpose:

Municipal Councils exist for the very purpose of serving immediate needs of local  communities. If it is shown that Urdu serves that purpose as a result of local community  familiarity, it should not be prohibited unless absolutely prohibited. 

The importance of linguistic diversity and constitutional values: The Court pointed out that each language in India is representative of a culture unto itself.  Urdu, in particular, is an amalgam of the composite culture (ganga-jamuni tehzeeb), which has  developed in the Indian cultural context. The Constitution promotes tolerance and other values  of composite culture through its provisions and recommendations of minority protection  (Article 345 and Article 351). 

Reference to UP Hindi Sahitya Sammelan case:

Cited a precedent in which the Court affirmed that adoption of one official language does not  in any way prevent the State from adopting one or more languages under the circumstances  outlined in Article 345. 

Observations on Federal Practice:

Urdu occupies the status of ‘default’ official language comprised by several States of India (UP,  Bihar, Telangana) and Union Territories (National Capital Territory of Delhi, Jammu and  Kashmir, etc.) in India.

Urdu within the identity of India: 

It was noted that Urdu is native to India and is very much in use in some contexts, including  legal terms. To deny such application would be contrary to India’s cultural and legal heritage.

Court’s Conclusion: 

The use of language is a means to bring people together, not to divide. Further, there is no law  or the 2022 Act that prevents the use of Urdu on the sign with Marathi.

  1. Conclusion/ Observations

The Supreme Court’s ruling in Varshatai is therefore a powerful endorsement of India’s  pluralistic linguistic ethos. 

The Court has embraced the long-standing and established situational reality of Urdu  as a forms of deep woven presence in the legal-cultural-social fabric of India and has  facilitated literacy and inclusive growth of language that each Indian may be supported  by to uphold values of tolerance, inclusion, meaning, and communication 

This case has served to demonstrate the case for legislative language regulation as  grossly inadequate when compared to the impact of legal governance and its derivatives  as they relate to the realities of cultural life and action. 

This case has internally reiterated a constitutional assertion that linguistic identity is for  political purposes only, and to facilitate the consolidation of community building.

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