Jamia Hamdard University

School of law
SUBMITTED BY
• Anjali Sharma
SUBMITTED TO • Uqba Naaz
• Sidra Choudhary
Dr. Mehar Fatima • Mohammad Aman
• Mohammed Mohsin
• Abdul Muquit
LAW &
LANGUAGE
ENGLISH AS MEDIUM
FOR LEGAL
TRANSACTION IN
INDIA
“You can never understand one language,
until you understand at least two.”

- Geoffrey Willans
• Many language
• 22 major
language
• Official language
Hindi and
English
• Way to learn
and spread
• Legal professional expected
that their ideas or expression
should be kept in court in
there language for better
communication and clarity
and understanding
• The language used in court in
ancient time are Urdu, Persian
and Farsi. These languages
have transition over centuries.
HISTORY OF ENGLISH
IN LEGAL PROFESSION
 Ancient India represented a
distinct tradition of law and
independent school of legal
theory and practice.
 Dhamašāstras played an
important role.
 The Arthashastra and
Manusmriti were influential
treatises in India.
 Texts were considered
authoritative legal guidance.
 Manu's central philosophy was
 In this Gupta Empire, relations
with ancient Greece and Rome
were not infrequent.
 Fundamental institutions of
international law in various parts
of the world show that they are
inherent in international society,
 In rules of neutrality of treaty
law of customary law embodied
in religious charters, in exchange
of embassies of a temporary or
semi-permanent character.
 Muslim conquest in the Indian
subcontinent,
 Islamic Sharia law spread
 Delhi Sultanate, Bengal Sultanate and
Gujarat Sultanate The Corps of with
Forty establish some Turkish law in
India.
 In the 17th century, Mughal Empire
became the world's largest economy,
 Aurangzeb, compiled the Fatawa-e-
Alamgin to govern most parts of South
 The British Raj break tradition
 Hindu and Islamic law were abolished
 The present judicial system of the
country derives largely from the
British system.
 Few connections to Indian legal
institutions of the pre-British era.
 language problem since
British rule.
 English mandatory for
Government Service.
 In 1835 Lord Macaulay
recommend to make English
as main language.
 To make English speaking
minority loyal to the empire.
  Hindi was chosen as the language
of constitution.
 Mohandas Karamchand Gandhi
said why everyone should learn
Mahatma Gandhi
Hindi.
 Ram Manohar Lohia against
Gandhi and idea of a diverse set of
languages among the people of
India.
 Never needed one language to have
Ram Manohar Lohia one nation of India.
 Constitution drafted in
English for the people who
did not know Hindi.
 Especially for South India who
did not want Hindi to be
imposed on them.
 Good for different linguistic
backgrounds.
 Decided the fate of language for
ADVANTAGES OF
ENGLISH AS MEDIUM FOR LEGAL TRANSACTION IN INDIA
Do You speak
ENGLISH ?
 English is essential medium of
communication in the world.
 Importance in law and legal
profession.
 Inherited legal system from
Britishers.
 laws are drafted in English then
translated in regional language
and Hindi.
 High and the Supreme Court
use English for communication.
 To understand the laws, you
need to look at English speaking
countries.
 Most of legal literature is
available in English only.
 English language is spoken by half of
the population helps in transaction of
international trade.
 English is a bridge between India
and outside world.
 English as indispensable legal
profession and in general.
DISADVANTAGES OF
ENGLISH AS MEDIUM FOR LEGAL TRANSACTION IN INDIA
 English legal language is difficult
to understand
 Use of Latin, French word and
phrases to express rule, principal,
doctrine, etc.
 Use of obsolete, archaic or old
English word which are now only
use in legal profession.
 Both lawyer and judge has to
write long and complex sentences
 CONCLUSION
 India have been ruled by Britisher for 2 centuries which give
them opportunities to do mastering in English and
advancement in science and technology field.
 Many Indian won International award in English creative
and comparative literature.
 There is no disadvantage of using mother tongue for
education or instruction.
 The technical English which is the language of law and
medium of instruction in legal education, not being our
language possess a lot of problem to us.
 We need to think of some efficient Solution together.
 THE END
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