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Can’t ask govt. to recognize a language as official one: SC

  • July 22, 2023
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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Can’t ask govt. to recognize a language as official one: SC

Subject : Polity

Section: Constitution

Concept :

  • The Supreme Court on Friday said it cannot direct the Centre to include Rajasthani as an official language in the Eighth Schedule of the Constitution.
  • A Bench headed by Chief Justice of India D.Y. Chandrachud said the subject of the petition concerns a policy matter.
  • SC said that this is a policy matter and not for the courts to give a
  • The court referred to a 1997 reported decision of the Supreme Court in the Kanhaiya Lal Sethia case to note that “to include or not to include a particular language in the VIIIth Schedule is a policy matter of the Union”.

Article 32

  • Article 32 is one of the fundamental rights listed in the Constitution that each citizen is entitled.
  • Article 32 deals with the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution.
  • Only if fundamental rights is violated can a person can approach the Supreme Court directly under Article 32.
  • Both the High Courts and the Supreme Court can be approached for violation or enactment of fundamental rights through five kinds of writs:
  • Habeas corpus – related to personal liberty in cases of illegal detentions and wrongful arrests
  • Mandamus — directing public officials, governments, courts to perform a statutory duty;
  • Quo warranto — to show by what warrant is a person holding public office;
  • Prohibition — directing judicial or quasi-judicial authorities to stop proceedings which it has no jurisdiction for; and
  • Certiorari — re-examination of an order given by judicial, quasi-judicial or administrative authorities.
  • When it comes to violation of fundamental rights, an individual can approach the High Court under Article 226 or the Supreme Court directly under Article 32. Article 226, however, is not a fundamental right like Article 32.
Can’t ask govt. to recognize a language as official one: SC Polity

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