The language used in courts: What the Constitution and laws say

  • August 6, 2023
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
No Comments

 

 

The language used in courts: What the Constitution and laws say

Subject :Polity

Section: Constitution

Context:

Earlier this week, the Supreme Court observed that although there are at least 22 official languages in the country, Hindi is “the national language”.

What was the case before the Supreme Court about?

  • The motor accident case in Siliguri, West Bengal, involved injuries and resulted in death, leading to a compensation claim under Section 166 of the Motor Vehicles Act, 1988.
  • The plea for transfer to the MACT in Darjeeling, West Bengal, was based on the contention that all witnesses were from Siliguri, and language could be a barrier.

Is Hindi India’s “national language”?

  • Although Hindi is the official language of the Union, the Constitution does not explicitly designate it as India’s “national language.”
  • Article 343(1) of the Constitution states,
    • “The official language of the Union shall be Hindi in Devanagari script.” However, it does not use the term “national language.”
  • India has more than 100 languages and 270 mother tongues spoken across the country, reflecting its linguistic diversity.

What is the Eighth Schedule in the Indian Constitution?

  • The Eighth Schedule initially listed 14 languages, and later, four more languages, including Bodo, Dogri, Maithili, and Santhali, were added in 2004, making a total of 22 languages in the schedule.
  • There have been demands to include another 38 languages 
    • Such as Bhojpuri, Garhwali (Pahari), and Rajasthani.
    • However, the dynamic nature of language evolution makes it challenging to fix criteria for their inclusion.

What is the status of English in India?

  • English is one of the two official languages of the central government and continues to be used for all official purposes even after the initial 15-year period specified in the Constitution.
  • Article 343(3) grants Parliament the authority to provide for the use of English or the Devanagari form of numerals for specific purposes through legislation.
  • On January 26, 1965, Section 3 of the Official Languages Act, 1963, came into effect, which ensured the continuation of English for official purposes of the Union and in Parliament.

What is the language to be used in courts?

  • Article 348 (1): All proceedings in the Supreme Court and High Courts, as well as Bills, Acts, ordinances, rules, and orders at the Union and state levels, are conducted in English until Parliament decides otherwise.
  • Article 348(2): permits the use of Hindi or any other official language of the State in proceedings in the High Court with the Governor’s authorization and the President’s consent.
    • However, judgments, decrees, and orders passed by the High Court must be in English.
  • Some High Courts have initiated changes in their court procedures to allow the optional use of Hindi or the official language of the State in judgments, decrees, or orders, accompanied by an English translation.
  • The Rajasthan High Court allowed Hindi to be used during court proceedings in 1950, citing Article 348(2).

How did the use of regional languages in courts evolve?

  • In 1965, the Cabinet Committee decided that the Chief Justice of India’s consent must be taken on any proposal concerning the use of any language besides English in the High Courts.
  • Some states sought to use Hindi in their respective High Courts
    • The proposals were rejected by the Full Court of the Supreme Court
    • upheld the use of English for judgments, decrees, and orders.
  • growing recognition of the need to encourage the use of regional languages in courts to facilitate better understanding and access to justice for a diverse population.
  • In May 2022, Prime Minister emphasized the importance of “encouraging the use of local languages in courts” to make the judicial process more accessible to the people.
    • then CJI N V Ramana also expressed the possibility of such changes happening “over a period of time.”
    • then Law Minister, supported the use of regional languages in the curricular activities of courts.

What is the situation in courts subordinate to the High Court?

  • State governments have the authority to determine the language used in courts subordinate to the High Court.
  • Section 272 of the Code of Criminal Procedure, 1973,
    • “The State Government may determine what shall be, for purposes of this Code, the language of each Court within the State other than the High Court.”
  • The Code of Civil Procedure, 1908,
    • Section 137(1)
      • the language initially used in subordinate courts is the language of the court until the State Government directs otherwise.
    • Section 137(2),
      • the State Government can declare the language and character in which applications and proceedings in such courts should be written.
    • Section 137(3)
      • allows for the use of English in writing, but if a party or pleader is unacquainted with English, they can request an English translation in the language of the court.
    • Rajasthan has since carried out a state amendment to this section, replacing the words “such writing may be in English” with the words “such writing shall be in Hindi in Devnagri Script with the international form of Indian numerals.”
Polity The language used in courts: What the Constitution and laws say