Official language in High Courts
- January 6, 2022
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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Official language in High Courts
Subject – Polity
Context – English is the language of court, says Gujarat HC
Concept –
- In the High Court, there is a rule that even if any party who does not hire a lawyer and appears in person, he has to speak and argue in English only.
- The Bench also underlined that the Article 348 of the Constitution mandates that the language of the High Court would be English.
What the Constitution says?
- Article 348 (1) of the Constitution of India provides that all proceedings in the Supreme Court and in every High court shall be in English Language until Parliament by law otherwise provides.
- Under Article 348 (2), the Governor of the State may, with the previous consent of the President, authorize the use of the Hindi language or any other language used for any official purpose of the State, in the proceedings of the High Court having its principal seat in that State provided that decrees, judgments or orders passed by such High Courts shall be in English.
- Section 7 of the Official Languages Act, 1963, provides that the use of Hindi or official language of a State in addition to the English language may be authorized, with the consent of the President of India, by the Governor of the State for purpose of judgments etc. made by the High Court for that State.
- The provision of optional use of Hindi in proceedings has already been made in the High Courts of Rajasthan, Uttar Pradesh, Madhya Pradesh and Bihar.