Explain English as language of court with special reference to

constitutional provision.
1. Indian constitution consist of various article in relation to language to be used in our
country as well as the use and development of language. The framers of constitution
provide for language in part 17 of Indian constitution which deals with various
provision relating to official language of state and in day to day working of the state.
Judiciary too is an indispensable part of any state thus constitution had expressively
mentioned about the language to be used in court. The reason and rationalisation for
opting English as the language of court by citation of various constitutional provision
is as follow:-
2. Article 343:- The official language of India shall be Hindi in Devnagari script
(2) For 15 years English language should continue to be used for all the official
purpose.
3. Article 344 provides for creation of a commission and committee of parliament to
recommend the President about the use of language in India.
4. Article 345 provides the authority to state to adopt one or more language in use in the
state as its official language but it does not lay that English will cease to be an official
language of state therefrom.
5. Article 346 provides for the language to be used for official purpose for
communication between a state and another or a state and union will be the language
authorised for use in union.
6. Article 347 provides that President if satisfied, that a substantial population desire the
use of any language spoken by them to be recognised, may direct that state to make
that language officially recognised.
7. Now talking about the provision for language of the court we know that our
constitution has expressively mentioned in Article 348 about the language to be used
in proceedings of the courts.
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 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
8. It states that until the union government provides for a different language for the
above mentioned clauses of Article 348, the language of the Supreme Court shall
exclusively be in English Language. Since our parliament has not so far provided
otherwise thus it is the only language allowed to be used in all the proceedings of
Supreme Court and thus English is the exclusive language of Supreme Court,
pleadings and arguments in any other language is not permitted in the Supreme Court.
9. The famous case of Madhu Limaye vs. Ved Murthi the bench of Supreme Court
held that no other language is permissible in court as in this case the counsel on behalf
of petitioner pleaded for submitting his arguments in Hindi. This was challenged by
the counsel of opposing party which resulted in Supreme Court giving three
alternatives to the counsel which are as following :-
 (a) that he may argue in English; or
 (b) he may allow his counsel to present his case; or
 (c) He may give his written arguments in English. The language of this Court
is English (see Art. 348 of the Constitution).
 As he refused to take any of the suggested court his intervention was
cancelled.
10. The position of High Courts in India is somewhat different from that of Supreme
Court as per clause (2) of Article 348 which states that Governor of a respective state,
with prior permission of the President, can authorise the use of Hindi or any other
official language in proceedings of High Court. Such instances are present in High
Courts of Uttar Pradesh, Bihar, Rajasthan, etc. where Hindi proceedings were
allowed.
11. The second part of the clause (2) of Article 348 states that despite such provisions
allowed by governor the decree, judgements and order passed by high courts must be
in English. Although after the enactment of Official Language Act, 1963 and as
observed in the case of Narendra Kumar vs. Rajasthan High Court any decree,
order, judgements etc. passed by High Court in Hindi is Valid in view of Section 7 of
aforementioned Act. Although in order to make congruity between High Court and
Supreme Court the same section provides for an attachment of English translation of
the decisions given by Court.
12. The rationale behind this lies with the concept of integrated judicial system of India
which have hierarchical relationship starting with district court as court of original
jurisdiction and Supreme Court as highest appellate court. Thus one must have a
common language for courts in India in order to comply with the provision where the
 decision of higher courts is binding on lower courts and where the decisions of one
high court is referred in another.
13. Article 222 of Indian constitution can also be cited here which gives the president
power to transfer a judge from one high court to another thus giving due to
importance to reason behind opting English as the language of Court as judges from
across the country can be a judge of any high court in India thus to avoid any such
problem relating to language in proceeding of court a common language was adopted.
14. Our judicial system is based on the British common law system and this led to the use
of English exclusively as the language of Indian court too. Ever since India’s
liberation from the British, English has been the language used in the Supreme Court
of India. The British too used it as long as they ruled our nation. We continued
following the dress code of the judges formulated by them and their language as well
despite their leaving India once for all.
15. There is no feasibility in Introduction of Hindi as Compulsory Language in the
Supreme Court of India as language is a highly emotional issue and that it should not
be thrust on people against their will, since it was likely to become counterproductive.
16. Reunified modern India's first laws were written in English. Modern India’s first court
cases were argued and settled in English. Noteworthy historic rulings and proceedings
were also documented in English over two centuries of colonial rule and post-
independence. So lawyers study educate and gauge experience through the course of
their career in English.