CHANAKYA NATIONAL LAW UNIVERSITY

TOPIC: ENGLISH AS A LANGUAGE OF COURT

NAME: ADITYA KUMAR

ROLL NO: 1608
COURSE: BBA.LLB
SUBMITTED TO: MR PARTYUSH KAUSHIK
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 TABLE OF CONTENTS
S.NO PARTICULARS PAGE

1. ACKNOWLEDGEMENT

2. RESEARCH METHODOLOGY, HYPOTHESIS

3. INTRODUCTION

4. CHAPTERS:

1. IMPORTANCE OF ENGLISH LANGUAGE

2. PART XVII

CHAPTER III.-LANGUAGE OF THE SUPREME

COURT,HIGHCOURTS,

ARTICLE 348.: Language to be used in the Supreme Court and in

the High Courts and for Acts, Bills, etc.-

3. CASE LAW:

Balraj Misra And Another vs Hon'Ble Chief Justice Of High ... on

14 October, 1999.

Narendra Kumar vs Rajasthan High Court And Ors. on 5

December, 1989.
5.

CONCLUSION
6.

BIBLIOGRAPHY

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 ACKNOWLEDGEMENT

I would like to take this opportunity to thank MR.PATYUSH KAUSHIK, for his invaluable
support, guidance and advice. I would also like to thank my parents who have always been
there to support me. I would also like to thank the library staff for working long hours to
facilitate us with required material going a long way in quenching our thirst for education.

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 RESEARCH METHODOLOGY

Whether Doctrinal or Non Doctrinal?

My research is a blend of doctrinal and non-doctrinal research. Doctrinal in the sense that I
have collected theoretical material from different sources such as text books and Internet
resources.

Whether Primary or Secondary:

Now coming on to whether my research is primary or secondary. Our research is a totally
based on secondary material as it is totally based on Text books, articles and Internet research
(secondary source).

Analytical or Descriptive?

I have tried to be analytical in writing this project but nevertheless I have included statistics
and important quotes from different sources, as and when considered suitable.

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 INTRODUCTION
The Indian constitution, in 1950, declared Hindi in Devanagari script to be the official
language of the union. Unless Parliament decided otherwise, the use of English for official
purposes was to cease 15 years after the constitution came into effect, i.e., on 26 January
1965. The prospect of the changeover, however, led to much alarm in the non Hindi-speaking
areas of India, especially Dravidian-speaking states whose languages were not related to
Hindi at all. As a result, Parliament enacted the Official Languages Act, 1963, which
provided for the continued use of English for official purposes along with Hindi, even after
1965.

In late 1964, an attempt was made to expressly provide for an end to the use of English, but it
was met with protests from states such as Maharashtra, Tamil Nadu, Punjab, West Bengal,
Karnataka, Puducherry and Andhra Pradesh. Some of these protests also turned violent. As a
result, the proposal was dropped, and the Act itself was amended in 1967 to provide that the
use of English would not be ended until a resolution to that effect was passed by the
legislature of every state that had not adopted Hindi as its official language, and by each
house of the Indian Parliament.The position was thus that the Union government continues to
use English in addition to Hindi for its official purposes as a "subsidiary official language,"
but is also required to prepare and execute a programme to progressively increase its use of
Hindi. The exact extent to which, and the areas in which, the Union government uses Hindi
and English, respectively, is determined by the provisions of the Constitution, the Official
Languages Act, 1963, the Official Languages Rules, 1976, and statutory instruments made by
the Department of Official Language under these laws.

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The reason for this is very simple--colonialism. The Indian state has continued the policies of
English privilege. Barely 10% of Indians understand English, but a large part of these are the
elite who control the discourse. The argument that only lawyers present at the appellate level
does not hold water. Firstly, it hugely disenfranchises non-English speakers from entering the
legal profession. Secondly, the clients of the lawyers often do not understand what is being
said on their behalf. This is a system akin to linguistic apartheid.1

It must be dismantled for justice and equity in India. Each State High Court must support the
languages of the State. It is the government's business to cater to the needs of the people.
Without linguistic inclusion, social and economic inclusion is not possible.

The constitution is clear about which language to use in India's senior courts. In the Supreme
Court and High Courts, English is used in all official documents. This makes sense. The
language of the law in India is English. At the appellate level, only lawyers, who are mostly
competent in English, present to the court. (The trial courts, which hear directly from
witnesses and litigants, can use a states other official languages.) Lawmakers can allow
another language in a High Court, but so far only four High Courtsin the states of
Rajasthan, Bihar, Uttar Pradesh, and Madhya Pradeshhave done so, in each case with
Hindi. From fact we understand, they were authorized to use Hindi and English in 1950 when
the architects of the constitution envisioned Hindi eventually replacing English entirety.
Provisions were made for major regional languages although this requires significant
runaround. In 15 years (I.e. 1965), English was supposed to cease and Hindi, the official
language, would take over.
In 64, when the change was attempted, protests forces the Government to halt that avenue.
Current position is for both English and Hindi to be used.
Also, the constitution requires all laws be passed in English. Makes sense to not need to
translate laws back and forth all the time if you ASK.
High Courts do sometimes hear trial-level cases, but these are rare. Language exceptions for
such cases might make sense. But there is not much sense to extend local languages to
appellate proceedings. Only lawyers participate in appellate proceedings. Indian lawyers
mostly learn the law in English. In trial courts, interpretation and translation are indeed vital.
In appeals-courts which mostly host exchanges only between English-educated judges and
lawyers, local language doesn't seem so necessary.

1
www.quora.com/Why-indian-languages-

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The reason is because of our many laws are in English as they were made in their period.
Dont think that law was not existed before invasion of british. Law was existed in form of
Manusmriti and social norms. there are various hymns which tells king to protect peace and
security.

AS such the english continued from then generation advocates to next generations. No region
or states tried to create Law in their own language with exclusive repository. Then No state or
Central government made compulsion to teach law in respective language. AS a result, the
law was taught in english and it continued. Person who has graduated in Law by English
medium would get confused if he start to read in any other languages.

Then it continued to lawyers who argued in High Courts. There are instances where argument
advanced in their languages in High Courts. But i have not come across any such situations
where judgment is delivered in such regional language. But i have come across many
judgments at district level and this question indirectly specifies the same.

Thus the books continued from generation to generation and it is continuing. You cannot find
a commentary on a subject of about 2000 pages in other languages than English.

But when you come to supreme court, here people comes from various states and which
could do synchronization is english than hindi as hindi would be bit difficult for south indian
judges and lawyers. thus english serves the purpose. Even Government is not willing ,why
business people, telecom people does not use their brochures in regional languages, very
rarely they use. if you do not accept also, in cities we have assimilated to learn english easily
than sanskrit or hindi. Because you have so much resources to learn english but not for other
languages. a rickshawala also know how to ask one if he want to go. Even sometimes people
does not get the word in regional language for confused, congrats, heartly wishes, etc at the
moment. if society comes to push the regional languages and any other languages, it would
influence courts, otherwise no. Society itself is reason than asking court to impose some
language compulsion.2

2
www.LEGAL LANGUAGE.com
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IMPORTANCE OF ENGLISH LANGUAGE .

Parliamentary proceedings and laws

The Indian constitution draws a distinction between the language to be used in Parliamentary
proceedings, and the language in which laws are to be made. Parliamentary business,
according to the Constitution, may be conducted in either Hindi or English. The use of
English in parliamentary proceedings was to be phased out at the end of fifteen years unless
Parliament chose to extend its use, which Parliament did through the Official Languages Act,
1963.[20] In addition, the constitution permits a person who is unable to express themselves
in either Hindi or English to, with the permission of the Speaker of the relevant House,
address the House in their mother tongue.

In contrast, the constitution requires the authoritative text of all laws, including Parliamentary
enactments and statutory instruments, to be in English, until Parliament decides otherwise.
Parliament has not exercised its power to so decide, instead merely requiring that all such
laws and instruments, and all bills brought before it, also be translated into Hindi, though the
English text remains authoritative.

Judiciary

The constitution provides that all proceedings in the Supreme Court of India, the country's
highest court and the High Courts, shall be in English. Parliament has the power to alter this
by law, but has not done so. However, in many high courts, there is, with consent from the

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president, allowance of the optional use of Hindi. Such proposals have been successful in the
states of Rajasthan, Madhya Pradesh, Uttar Pradesh, and Bihar.

Administration
The Union government is required by law to progressively increase the use of Hindi in its
official work,which it has sought to do through "persuasion, incentive and goodwill".

The Official Language Act provides that the Union government shall use both Hindi and
English in most administrative documents that are intended for the public.3
The Official Languages Rules, in contrast, provide for a higher degree of use of Hindi in
communications between offices of the central government (other than offices in Tamil
Nadu, to which the rules do not apply). Communications between different departments
within the central government may be in either Hindi or English, although a translation into
the other language must be provided if required. Communications within offices of the same
department, however, must be in Hindi if the offices are in Hindi-speaking states, and in
either Hindi or English otherwise with Hindi being used in proportion to the percentage of
staff in the receiving office who have a working knowledge of Hindi. Notes and memos in
files may be in either Hindi or English, with the Government having a duty to provide a
translation into the other language if required.

In addition, every person submitting a petition for the redress of a grievance to a government
officer or authority has a constitutional right to submit it in any language used in India.

Implementation.
Various steps have been taken by the Indian government to implement the use and
familiarisation of Hindi extensively. Dakshina Bharat Hindi Prachar Sabha headquartered at
Chennai was formed to spread Hindi in South Indian states. Regional Hindi implementation
offices at Bengaluru, Thiruvananthapuram, Mumbai, Kolkata, Guwahati, Bhopal, Delhi and
Ghaziabad have been established to monitor the implementation of Hindi in Central
government offices and PSUs.

3
en.wikipedia.org

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Annual targets are set by the Department of Official Language regarding the amount of
correspondence being carried out in Hindi. A Parliament Committee on Official Language
constituted in 1976 periodically reviews the progress in the use of Hindi and submits a report
to the President. The governmental body which makes policy decisions and established
guidelines for promotion of Hindi is the Kendriya Hindi Samiti (est. 1967). In every city that
has more than ten central Government offices, a Town Official Language Implementation
Committee is established and cash awards are given to government employees who write
books in Hindi. All Central government offices and PSUs are to establish Hindi Cells for
implementation of Hindi in their offices.

Recently, the Modi government announced plans to promote Hindi in government offices in
Southern and Northeast India.

State level
Indian states with Hindi, English and regional language as official state languages

The Indian constitution does not specify the official languages to be used by the states for the
conduct of their official functions, and leaves each state free to, through its legislature, adopt
Hindi or any language used in its territory as its official language or languages. The language
need not be one of those listed in the Eighth Schedule, and several states have adopted
official languages which are not so listed. Examples include Kokborok in Tripura; Mizo in
Mizoram; Khasi and Garo in Meghalaya.

Legislature and administration

The constitutional provisions in relation to use of the official language in legislation at the
State level largely mirror those relating to the official language at the central level, with
minor variations. State legislatures may conduct their business in their official language,
Hindi or (for a transitional period, which the legislature can extend if it so chooses) English,
and members who cannot use any of these have the same rights to their mother tongue with
the Speaker's permission. The authoritative text of all laws must be in English, unless
Parliament passes a law permitting a state to use another language, and if the original text of a

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law is in a different language, an authoritative English translation of all laws must be
prepared.4

The state has the right to regulate the use of its official language in public administration, and
in general, neither the constitution nor any central enactment imposes any restriction on this
right. However, every person submitting a petition for the redress of a grievance to an officer
or authority of the state government has a constitutional right to submit it in any language
used in that state, regardless of its official status.

In addition, the constitution grants the central government, acting through the President, the
power to issue certain directives to the government of a state in relation to the use of minority
languages for official purposes. The President may direct a State to officially recognise a
language spoken in its territory for specified purposes and in specified regions, if its speakers
demand it and satisfy him that a substantial proportion of the State's population desire its use.
Similarly, States and local authorities are required to endeavour to provide primary education
in the mother tongue for all linguistic minorities, regardless of whether their language is
official in that State, and the President has the power to issue directions he deems necessary
to ensure that they are provided these facilities.

State judiciary
States have significantly less freedom in relation to determine the language in which judicial
proceedings in their respective High Courts will be conducted. The constitution gives the
power to authorise the use of Hindi, or the state's official language in proceedings of the High
Court to the Governor, rather than the state legislature, and requires the Governor to obtain
the consent of the President of India, who in these matters acts on the advice of the
Government of India. The Official Languages Act gives the Governor a similar power,
subject to similar conditions, in relation to the language in which the High Court's judgments
will be delivered.

Four statesBihar, Uttar Pradesh, Madhya Pradesh and Rajasthan have been granted the
right to conduct proceedings in their High Courts in their official language, which, for all of
them, was Hindi. However, the only non-Hindi state to seek a similar powerTamil Nadu,
which sought the right to conduct proceedings in Tamil in its High Courthad its application

4
wiki/Languages_with_official_status_in_India

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rejected by the central government earlier, which said it was advised to do so by the Supreme
Court. In 2006, the law ministry said that it would not object to Tamil Nadu state's desire to
conduct Madras High Court proceedings in Tamil. In 2010, the Chief Justice of the Madras
High Court allowed lawyers to argue cases in Tamil.5

Eighth Schedule to the Constitution

The Eighth Schedule to the Indian Constitution contains a list of 22 scheduled languages. At
the time the constitution was enacted, inclusion in this list meant that the language was
entitled to representation on the Official Languages Commission, and that the language
would be one of the bases that would be drawn upon to enrich Hindi, the official language of
the Union. The list has since, however, acquired further significance. The Government of
India is now under an obligation to take measures for the development of these languages,
such that "they grow rapidly in richness and become effective means of communicating
modern knowledge."In addition, a candidate appearing in an examination conducted for
public service at a higher level is entitled to use any of these languages as the medium in
which he or she answers the paper.

Via the 92nd Constitutional amendment 2003, four new languages

DogRi, Maithili, Santali and Bodo were added to the 8th Schedule of the Indian
Constitution.

The tAble below lists the 22 languages set out in the Eighth Schedule as of May 2008,
together with the regions where they are used.

Even though the English language is not included in the Eighth Schedule (as it is a foreign
language), it is one of the official languages of the Union of India.[75]

5
www.colorincolorado.org

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 Speakers
Language Family (in millions, 20 State(s)
01)[76]

Indo-
Aryan,
Assamese 13 Assam, Arunachal Pradesh
North
Eastern

Indo- West
Bengali Aryan, 83 Bengal, Tripura, Assam, Andaman
Eastern & Nicobar Islands, Jharkhand[77]

Tibeto-
Bodo 1.4 Assam
Burman

Indo-
Aryan,
Dogri 2.3 Jammu and Kashmir, Punjab
Northwest
ern

Indo-
Dadra and Nagar Haveli, Daman
Gujarati Aryan, 46
and Diu, Gujarat
Western

Andaman and Nicobar

Islands, Bihar, Chhattisgarh, Delhi,
Indo- Himachal
Hindi 422[78]
Aryan Pradesh, Jharkhand, Madhya
Pradesh, Rajasthan, Haryana, Uttar
Pradesh, and Uttarakhand

Kannada Dravidian 38 Karnataka

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 Speakers
Language Family (in millions, 20 State(s)
01)[76]

Indo-
Kashmiri Aryan, 5.5 Jammu and Kashmir
Dardic

Indo-
Maharashtra, Goa, Karnataka and K
Konkani Aryan, 2.5
erala (The Konkan Coast)[79][80]
Southern

Indo-
Maithili Aryan, 12 Bihar, Jharkhand
Eastern

Malayalam Dravidian 33 Kerala, Lakshadweep, Puducherry

Manipuri (alsoMeitei or Tibeto-

1.5 Manipur
Meithei) Burman

Indo-
Maharashtra, Goa, Dadra & Nagar
Marathi Aryan, 72
Haveli, Daman and Diu
Southern

Indo-
Nepali Aryan, 2.9 Sikkim, Darjeeling
Northern

Indo-
Odia Aryan, 33 Odisha, Jharkhand[81][82][83]
Eastern

Punjabi Indo- 29 Chandigarh, Delhi, Haryana, Himac

Aryan, hal

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 Speakers
Language Family (in millions, 20 State(s)
01)[76]

Northwest Pradesh, Jammu, Punjab,Rajasthan,

ern Uttarakhand

Indo-
Sanskrit 0.01 Uttarakhand
Aryan

Santhal tribals of the Chota Nagpur

Plateau (comprising the states
Santali Munda 6.5
of Bihar,Chhattisgarh, Jharkhand, O
disha)

Indo-
Aryan,
Sindhi 2.5 Sindh (now Sindh in Pakistan)
Northwest
ern

Tamil Nadu, Andaman & Nicobar

Tamil Dravidian 61
Islands, Puducherry

Andhra
Telugu Dravidian 54 Pradesh, Telangana, Puducherry, A
ndaman & Nicobar Islands

Indo- Jammu and

Urdu Aryan, 52 Kashmir, Telangana, Delhi, Bihar a
Central nd Uttar Pradesh

Of the 22 official languages, 15 are Indo-Aryan, four are Dravidian, two are Tibeto-Burman,
and one is Munda.

Since 2003, a government committee has been looking into the feasibility of treating all
languages in the Eighth Schedule to the Constitution as "Official Languages of the Union".

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Unionstate and interstate communication

The language in which communications between different states, or from the union
government to a state or a person in a state, shall be sent is regulated by the Official
Languages Act and, for states other than Tamil Nadu, by the Official Languages Rules.
Communication between states who use Hindi as their official language is required to be in
Hindi, whereas communication between a state whose official language is Hindi and one
whose is not is required to be in English, or in Hindi with an accompanying English
translation (unless the receiving state agrees to dispense with the translation).

Communication between the union and states which use Hindi as their official language
(classified by the Official Language Rules as "the states in Region A"), and with persons who
live in those states, is generally in Hindi, except in certain cases. Communication with a
second category of states "Region B", which do not use Hindi as their official language but
have elected to communicate with the union in Hindi (currently Gujarat, Maharashtra,
and Punjab) is usually in Hindi, whilst communications sent to an individual in those states
may be in either Hindi or English. Communication with all other states "Region C", and with
people living in them, is in English.6

6
/en.wikipedia.org/wiki/Languages_with_official_status_in_India

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PART XVII

CHAPTER III.-LANGUAGE OF THE SUPREME

COURT,HIGHCOURTS,

ARTICLE 348.: Language to be used in the

Supreme Court and in the High Courts and
for Acts, Bills, etc.-
(1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law
otherwise provides-

(a) all proceedings in the Supreme Court and in every High Court,

(b) the authoritative texts-

(i) of all Bills to be introduced or amendments thereto to be moved in either House of

Parliament or in the House or either House of the Legislature of a State,

(ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances
promulgated by the President or the Governor of a State, and

(iii) of all orders, rules, regulations and bye-laws issued under this Constitution or under any
law made by Parliament or the Legislature of a State,

shall be in the English language.

(2) Notwithstanding anything in sub-clause (a) of clause (1), the Governor of a State may,
with the previous consent of the President, authorise the use of the Hindi language, or any

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other language used for any official purposes of the State, in proceedings in the High Court
having its principal seat in that State:

Provided that nothing in this clause shall apply to any judgment, decree or order passed or
made by such High Court.

(3) Notwithstanding anything in sub-clause (b) of clause (1), where the Legislature of a State
has prescribed any language other than the English language for use in Bills introduced in, or
Acts passed by, the Legislature of the State or in Ordinances promulgated by the Governor of
the State or in any order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-
clause, a translation of the same in the English language published under the authority of the
Governor of the State in the Official Gazette of that State shall be deemed to be the
authoritative text thereof in the English language under this article.7

CASE LAW:
Balraj Misra And Another vs Hon'Ble Chief
Justice Of High ... on 14 October, 1999.
. In the case of Prabandhak Samiti (supra), a petition had been drafted in Hindi in Devnagari
script and presented before this Court under Article 226 of the Constitution of India. A
question arose whether such a petition could be entertained and adjudicated upon by the High
Court. In that case, the question was not in respect of passing of judgment or decree or order
in accordance with the Government Order made under clause (2) of Article 348 of the
Constitution but the question was only in respect of adjudication of the petition presented and
written in Hindi. The Court posed a question as to whether language can be employed for the

7 www.constitution.org
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use of the Courts and that the matter cannot rest on Articles 343 and 345 of the Constitution
and must ultimately be decided on the basis of provisions of Article 348. The Court examined
the scope of clause (2) of Article 348 of the Constitution of India and said that it is clear from
its terms and until the Parliament enacts a contrary law, the proceedings in the Supreme Court
and High Court are enjoined to be in English language. The Court said that as regards the
High Court, clause (2) empowers the Governor to permit use of Hindi in pleadings and
arguments and the documents filed and once a Governor issues such notification, an
individual can file such petition written in Hindi under Article 226 of the Constitution of
India. Under clause (2) of Article 348 of the Constitution of India, therefore. Governor of a
State with the previous consent of the President could authorize the use of Hindi language in
the proceedings in High Court but this power of Governor was not extended to any judgment
and decree passed or made by the High Court, and, therefore, it is only in accordance with the
provisions of Official Language Act and more so, its Sections 6 and 7 for the optional use of
Hindi written in Devnagari script has been permitted.

The field which Hindi occupies in its historical retrospect came to be surveyed in the
decision of Prabandhak Samiti (supra) in which it was said that the transition from one
official Court language to another whether it be under the impact of political freedom or the
efflorescence of nationalist sentiment or both, is often preceded by grave misgivings,
apprehensions, and even open or veiled hostility. The traditionalists feel aggrieved by what
they regard as an invasion into entrenched territory. The reformers, on the other hand, are
intolerant of what they are prone to regard as the tyranny of a foreign language. They are only
too eager to hail the dawn of a new linguistic era. The history of the world bears witness to
this precarious phenomenon of one Court language being replaced by another. The other
observations are highly revealing and valuable and clinch the issue. I cannot but do better to
reproduce paragraphs 12 and 16 of the decision which are likely to reverberate and guide the
destiny of Hindi as a Court language :

It is true that a Bench Secretary should have the knowledge of English language as mostly
the work of the Court is transacted in English language ; the cause list is printed in English ;
pleadings and documents are, by and large, in English : decisions cited on behalf of the
parties are also in English ; learned counsel for the parties also address the Court and make
their submissions and arguments, more often than not, in English and the majority of
decisions of the Court are also delivered in English. In these circumstances, the necessity of
proficiency in English on the part of a Bench Secretary cannot but be overemphasized. The

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knowledge of proficiency in English of a candidate, aspiring for promotion to the post of
Bench Secretary Grade II is tested by invariably giving a passage for translation from Hindi
to English. Half of the total marks of the paper are assigned to the translation part of the
question. Not only this, it would be highly unrealistic if the candidates recruited to the feeder
source (RGCs) by using Hindi in writing their answers are required to write their answers in
the departmental promotional examinations in English only. In the expanding horizon of
Hindi as Court language, it would not be proper to compel the examinees to write the answers
of other questions in English language only. As said above, presentation of the petitions
drafted in Hindi is permissible ; certain documents in Hindi may also be filed and there is no
bar if arguments are made by the counsel in Hindi. It is also permissible to write judgments in
Hindi. The use of Hindi as optional language in judgments, decrees and orders of this Court
in addition to English cannot be said to be in contravention of any provision of the
Constitution of India, rather it is in accordance with the provisions of Official Language Act,
which has been made by the Parliament having the authority to do so. Accordingly, by
notification No. 35/X-e-5 dated 24.1.1972 published in U. P. Gazette dated 10.11.1973, the
following proviso has been inserted to Rule 8 of Chapter VII of the Allahabad High Court
Rules. 1952 :

'Provided that Hindi may be used in place of English, on optional basis, in any judgment,
decree or order to be passed by the Court. Such judgment, decree or order shall be
accompanied by an authorised English translation thereof."

Insertion of the aforesaid proviso is intended to give impetus for using Hindi language in the
official work of this Court. It is clearly in keeping with the provision of Article 351 of the
Constitution of India which, as said above, cast a duty to promote the spread of Hindi
language to develop it so that it may serve as a medium of expression for all the elements of
composite culture of India. Sri D.S. Misra, learned counsel for the petitioners rightly pointed
out that in the examinations for recruitment of the Judicial officers to the cadre of Provincial
Civil Service (Judicial) and Higher Judicial Service, use of Hindi in writing answers is
permissible. Some of the Judicial Officers, in due course of time, by virtue of their seniority
and performance, are elevated as High Court Judges. According to Sri Misra, the post of
Bench Secretary, or for that matter, any other post in the Registry of this Court, is much
lower in ladder, on the top of which is a High Court Judge, and, therefore, it would be highly
imprudent not to permit the class III employees of this Court to write their answers in Hindi
language on optional basis.

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The submission is that in the conspectus of the vast developing changes and yearning and
eagerness to promote Hindi language, this Court on its administrative side, would do well to
lift ban on writing the answers in Hindi language. Hindi should be made as the elective
language to write the answers. The examinees should be left free to select. Hindi or English
in writing answers. As a matter of fact, such a practice was prevalent in this Court prior to the
examinations of 1989. It was only in the examination which was held in 1989 that the
candidates were compelled to write their answers in English language only. It is not
understandable as to under what circumstance, this compulsion came to be engrafted for the
first time in the examinations of 1989 and onwards, particularly when in all the earlier
examinations, the examinees had the option to write their answers either in English or in
Hindi. The stream of our culture would get dried if we were to discourage use of Hindi and
that too on the most untenable grounds, stated above.8

Narendra Kumar vs Rajasthan High Court And

Ors. on 5 December, 1989
In the present writ petition a question of far-reaching importance is involved as to whether in
view of Section 47 of the Rajasthan High Court Ordinance, 1949 (for short 'the Ordinance")
all the proceedings in this Court including the judgments, orders and decrees should only be
written in Hindi Devnagari Script, which has been declared as Official Language of the
Court?

2. Section 47 of the Ordinance reads as under:

"47. Language of the Court -- All proceedings in the High Court shall be in Hindi written in
Devnagari Script which will be the language of the Court.

Provided that where a Judge hearing a case is not familiar with Hindi the proceedings may be
conducted by him in English."

Section 46 of the Ordinance vests power in the High Court to make the Rules consistently
with the laws for the time being in force to regulate the sittings of the court, and in exercise of

8
indiankanoon.org/

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the aforesaid powers and the powers conferred under Article 225 of the Constitution of India
and all other powers enabling in that behalf the High Court of Judicature for Rajasthan made
the Rules of the High Court of Judicature for Rajasthan, 1952 (for short 'the Rules'). Under
Rule 125 of the Rules every memorandum of appeal or objection and every application, other
than an application made in any case pending in the Court, shall be in the language of the
Court and shall bear the particulars mentioned therein. Under Rule 126 of the Rules every
application made in a case pending in the Court shall be in the language of the Court and
shall state, the section and the Act or the Rule under which it is made. As already stated
earlier, under Section 47 of the Ordinance, Hindi Written in Devnagari Script is language of
the Court. Assuming for the sake of arguments that the words 'all proceedings' in Section 47
of the Ordinance includes judgments, orders and decrees, in our opinion, this position could
continue till the coming into force of the Constitution of India. So far as Part XVII of the
Constitution of India is concerned, it is the relevant part in so far as Official Language of the
Union including language to be used in the Supreme Court and High Courts is concerned. It
came into force on January 26, 1950, which day has been referred as the day of
commencement of the Constitution of India. After coming into force of the Constitution of
India the provisions of the Constitution shall prevail and all provisions of any existing taw in
so far as they are inconsistent with the provisions of the Constitution of India will have no
application. Therefore, when Part XVII of the Constitution of India came into force on
January 26, 1950, and its Chapter III and more so its Article 348 provides for the use of (sic)
language to be used in the Supreme Court and High Courts, the provisions of Section47 of
the Ordinance including Rr. 125 and 126 of the Rules framed under Section 46 of the
Ordinance, could not be applicable and Clauses (1) of Article 348 of the Constitution which
starts with non-obstante Clause became applicable and all the proceedings in the Supreme
Court and High Courts could only be in the English language unless so far as the High Court
of the State is concerned, the Governor of the State with the previous consent of the President
authorises under Article 348(2) of the Constitution of India the use of the Hindi language or
any other language used for any official purposes in the State in proceedings in the High
Court having its principal seat in that State. But in view of the proviso to Clause (2) of Article
348 of the Constitution of India nothing in that Clause shall apply to any judgment, decree or
order passed or made by such High Court. We, therefore, find no substance in the argument
of the learned counsel for the petitioner and other counsel who were allowed to intervene that
in view of Section 47 of the Ordinance even after coming into force of Part XVII of the
Constitution of India as aforesaid all proceedings including judgments, decrees and orders of

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the High Court have to be in Hindi written in Devanagari Script. We are of the opinion that
after coming into force of the aforesaid part of the Constitution of India so far as language of
this Court is concerned, the relevant Chapter referred to earlier will apply and not Section 47
of the Ordinance and Rules 125 and 126 of the Rules framed thereunder.

4. It may be stated that in the writ petition there is no challenge to Section 7 of the OL Act,
but during the course of arguments a submission was made by the learned counsel for the
petitioner and some of the advocates who were allowed to intervene we will have the
occasion to examine this argument at the later stage but for the present suffice it to say that it
is within the powers of the President under Article 344 of the Constitution of India to appoint
commissions as mentioned therein, to appoint committees to examine the recommendations
of the Commission/Commissions and to issue directions under Clause (6) of Article 344 of
the Constitution of India after consideration of the reports of the committee as aforesaid and
these powers are distinct and separate than the powers of the Parliament to legislate under
Clause (1) of Article 348 of the Constitution of India. As already stated earlier Clause (1) of
Article 348 of the Constitution of India starts with non-obstante Clause and provides that
notwithstanding anything in the provisions of Part XVIII, until Parliament by law otherwise
provides, all proceedings in the Supreme Court and in every High Court shall be in English
language. Therefore, despite a Presidential direction ander Clause (6) of Article 344 of the
Constitution of India, the Parliament has power by law to provide that all proceedings in the
Supreme Court and in every High Court shall be in English language. Unless the Parliament
so provides by law, all the proceedings in the Supreme Court and all the High Courts have to
be in English language alone. The Supreme Court in the case of Union of India v. Murasoli
Maran, AIR 1977 SC 225 : (1977 Lab IC 26) said that Article 344(6) of the Constitution of
India takes into account the objective and is intended to determine the pace of progress and to
achieve the same. The ultimate aim is provided in Article 351 which fulfils the object of the
spread and development of the Hindi language and enrichment of the composite culture of
India. The Court further said that the Official Language Act merely continues the use of the
English language in addition to Hindi and does not provide anything which can be interpreted
as a limitation on the power of the President to issue directions under Article 344(6) of the
Constitution. The Court, in para 39 of the judgment said that (at page SC 271 AIR 1977):

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Merely because under the order of the Governor issued with the previous consent of the
President optional use of Hindi is authorised in addition to English language for the purpose
of judgment, decree or order passed or made by the High Court and it is provided that in such
a case the judgment, decree or order shall be accompanied by a translation of the same in
English language, it cannot be said that Section 7 is inconsistent with the Presidential order in
so far as optional use of Hindi in the judgments, decrees and orders in the High Court are
concerned. In our opinion, it is not the duty of the Bench which give a judgment, decree or
order in Hindi or other official language of the State in terms of the aforesaid Governor order
to translate the judgment, decree or order in English and all that is required is that if
judgment, decree or order is passed or made in Hindi under the Governor order as aforesaid it
shall be accompanied by the translation of the same in English language issued under the
authority of the High Court. It shall be the duty of the High Court to create a translation
department with qualified persons and the High Court authorises its officer to authenticate the
translation and any such translation will be sufficient compliance with the provision of
Section 7 of the Official Language Act. In the case of Prabandhak Samiti v. Zita Vidyalaya
Nirikshak, AIR 1977 All 164, a petition had been presented in Hindi in Devanagari Script in
the High Court under Article 226 of the Constitution of India. A question arose whether such
a petition could be adjudicated by the High Court. In that case the question was not in respect
of passing of the judgment or decree or order in accordance with the Government order made
under Clause (2) of Article 348 of the Constitution, but the question was only in respect of
the adjudication of the petition presented and written in Hindi. The court posed a question as
to whether the language can be employed for the use of the courts and that the matter cannot
rest on Arts. 343 and 345 of the Constitution and must ultimately be decided on the basis of
the provisions of Article 348 of the Constitution. The Court has examined the scope of Clause
(2) of Article 348 of the Constitution and said that it is clear from its terms and until the
Parliament enacts a contrary law the proceedings in the Supreme Court and the High Court
are enjoined to be in the English language. The Court said that as regards the High Court
Clause (2) empowers the Governor to permit the use of Hindi in pleadings and arguments and
the documents filed and once the Governor issued such a notification an individual can file a
petition written in Hindi under Article 226 of the Constitution of India, under Clause (2) of
Article 348 of the Constitution, therefore, the Governor of a State with the previous consent
of the President could authorise the use of Hindi language in the proceedings in the High
Court but this power of the Governor was not extended to any judgment and decree passed or
made by the High Court and therefore it is only in accordance with the provisions of OL Act

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and more so its Sections 6 and 7 that the optional use of Hindi written in Devanagari Script
has been permitted. Therefore, in our opinion after coming into force of the OL Act, it is
permissible that judgments, decrees or orders could be in Hindi written in Devanagari Script,
but as and when it is done the judgment passed or decree or order made has to be
accompanied by a translation of the same in English language issued under the authority of
the High Court. It may be stated that in Chapter I to Part XVII of the Constitution so far as
Official language of the Union is concerned it shall be Hindi in Devanagari Script and the
form of numerals to be used for the official purposes of the Union shall be the international
form of Indian numerals, but the English language was to continue for 15 years from the
commencement of the Constitution for all official purposes of the Union for which it was
being used immediately before such commencement and even for the period as aforesaid the
President by order could authorise the use of Hindi language in addition to English language
and Devanagari form of numerals in addition to the international form of Indian numerals for
any of the official purpose of the Union, but Clause (3) of Article 343 of the Constitution
which again starts with non-obstante Clause authorises the Parliament to provide for the use
after the said (or after expiry of the?) period of fifteen years of the English language for such
purposes as may be specified in law. The OL Act was also made under Clause (3) of Article
343 of the Constitution of India.9

9
LEGAL COURT LANG/ tilakmarg.com

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 CONCLUSION
Law depends heavily on the language being used, even a missing comma might mean
opposite verdict. To avoid ambivalent statements, it is better to follow any one language for
all the verdicts/legal statements. Since most of the laws are adopted from English law it is
best represented in that language. Unless a nationally agreed translations of various strictures,
IPC, CrPC, RPC etc are available, better not to tinker with the legal process just for jingoistic
sake. By the way, Hindi is a very good, easy to learn language, it is de facto used as the
national medium of communication. I agree that India is nation of many languages, but at
least court judgements can be made available in both English and Hindi. After all Hindi is
India's national language. I live in a country (Canada) that has two national languages
(English and French) and all govt. communications are always available in both languages.

The Supreme Court has taken a just stand! However this is not the end, as there is a small but
vociferous lobby to thrust Hindi into every available orifice in India. The Supreme Court has
been instrumental for levelling the playing field for a lot of iniquities in the nation. In this
case too, the Supreme Court ought to do something proactive to ensure that ALL languages
of the 8th Schedule of the Constitution are declared as Official Languages along with
English. It this does not happen, the nation will always be divided by an unseen equator -
Hindi language. There are so many great languages in India, arisen from the soil of India,
more ancient than Hindi, more mature, and with far, far, far greater literary acclaim.

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 BIBLIOGRAPHY
1. tilakmarg.com

2. lawmin.nic.in/olwing

3.www.languageinindia.com/april2002/constitutionofindia.html

4.barandbench.com/language-courts

5.lawcommissionofindia.nic.in/reports/

6.supremecourtofindia.nic.in/handbook3rdedition.

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