Central Government does not favour Hindi as language in Supreme Court and High Courts

In an affidavit filed in the Supreme Court in response to a PIL, the Government of India has rejected a proposal for using Hindi as a language in the Supreme Court and all 24 High Courts in India. This PIL was filed by an advocate Shiv Sagar Tiwari for amending the provisions of the Constitution to make Hindi the official language in the Supreme Court and all High Courts.

Article 348 of the Constitution of India deals with the issue of language to be used in Supreme Court and High Courts. The relevant extracts of this Article are reproduced below:

“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,

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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.

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It is thus clear that the Constitution lays down that all proceedings in the Supreme Court and High Courts shall be in English. Of course, without any amendment in the Constitution or without any law being made by Parliament, for the High Courts, use of Hindi or any other official language of the State concerned can be authorized as mentioned above, but such use shall not extend to any judgment, decree or order passed or made by such High Court. Thus, even if use of Hindi or any other official language of the State concerned is authorized in a High Court, such use would be limited to written pleadings or oral arguments, and the judgments / decrees / orders shall only be in English.

But, in so far as Supreme Court is concerned, there is no provision in the Constitution to authorize the use of Hindi or any other language (other than English) unless and until the Parliament makes a law to the contrary.

Therefore, strictly speaking, for authorizing use of Hindi in Supreme Court, an amendment of the Constitution is not necessary. The Parliament can pass a law to that effect, i.e., for authorizing the use of Hindi in Supreme Court (or in High Courts, for that matter).

But, as reported by Indian Express, in response to the above Public Interest Litigation filed in the Supreme Court, the Department of Official Language in the Ministry of Home Affairs of the Central Government has filed its affidavit in reply opposing any such proposal to allow use of Hindi in Supreme Court and all High Courts. The Government has relied upon the Report No. 216 of the Law Commission of India in this regard. This report, titled “Non-Feasibility of Introduction of Hindi as Compulsory Language in the Supreme Court of India”, was submitted to the Government in December 2008, and can be seen here.

Concluding that “…the higher judiciary should not be subjected to any kind of even persuasive change in the present societal context” in the matter of official language, the Law Commission observed as under in its above Report:

“I have given my anxious and thoughtful consideration to the question at issue. All the retired Hon’ble Judges of the Supreme Court and Chief Justice of the Supreme Court and Judges of High Court and lawyers are of the uniform view that the Constitution should not be amended to enable the Legislative Department to undertake original drafting in Hindi and that the proposal was stoutly opposed. The learned Judges are also of the opinion that since the Judges of the Supreme Court and High Courts are drawn from all over India, and they are not all conversant with Hindi, they should not be asked to deliver their judgments in Hindi. Furthermore, the unity and integrity of the country is bound to be affected by the linguistic chauvinists and that the switch over from English to Hindi in the Supreme Court and High Courts will create political and legal unrest through out the country, which is an avoidable exercise.

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Language is a highly emotional issue for the citizens of any nation. It has a great unifying force and is a powerful instrument for national integration. No language should be thrust on any section of the people against their will since it is likely to become counterproductive.

It is not merely a vehicle of thought and expression, but for Judges at the higher level, it is an integral part of their decision-making process. Judges have to hear and understand the submissions of both the sides, apply the law to adjust equities. Arguments are generally made in higher courts in English and the basic literature under the Indian system is primarily based on English and American text books and case laws. Thus, Judges at the higher level should be left free to evolve their own pattern of delivering judgments.

It is particularly important to note that in view of the national transfer policy in respect of the High Court Judges, if any such Judge is compelled to deliver judgments in a language with which he is not well-versed, it might become extremely difficult for him to work judicially. On transfer from one part of the country to another, a High Court Judge is not expected to learn a new language at his age and to apply the same in delivering judgments.

At any rate no language should be thrust upon the Judges of the higher judiciary and they should be left free to deliver their judgments in the language they prefer. It is important to remember that every citizen, every Court has the right to understand the law laid down finally by the Apex Court and at present one should appreciate that such a language is only English.

The use of English language also facilitates the movement of lawyers from High Courts to the Apex Court since they are not confronted with any linguistic problems and English remains the language at both the levels. Any survey of the society in general or its cross-sections will clearly substantiate the above proposition which does not admit of much debate, particularly in the present political, social and economic scenario.”

In its affidavit before the Supreme Court, the Government has also highlighted that in so far as High Courts are concerned, clause (2) of Article 348 of the Constitution already lays down an enabling provision whereby the Governor of a State, with the previous consent of the President, may authorise use of Hindi language (or another official language of the State) in the proceedings of the High Court in that state. At present, Allahabad High Court, Patna High Court, Madhya Pradesh High Court and Rajasthan High Court, have already been using Hindi as an optional language. However, as mentioned above, even in these High Courts, the use of Hindi is not permissible, at present, for the orders / judgments / decrees made or passed by the High Court.

In view of the above affidavit filed by the Government, opposing the use of Hindi in Supreme Court and High Courts, and keeping in mind the fact that the judges of the Supreme Court may not be in favour of a language other than English being used in Supreme Court (as mentioned in the Law Commission report referred to above), the above PIL is not likely to succeed as and when it is decided by the Supreme Court.