Executive Summary:
This document outlines the Government of India's response to questions regarding the use of regional languages in High Court proceedings. It references Article 348 of the Constitution, which mandates English as the language of High Courts, while also allowing for the use of Hindi or other official state languages with the President's consent. The document details previous requests from states to use regional languages and the Supreme Court's response, as well as initiatives to develop legal resources in regional languages.
Key Points / Main Content:
Constitutional Provisions and Historical Context:
* Article 348(1)(a) of the Constitution mandates English for proceedings in the Supreme Court and High Courts.
* Article 348(2) allows a State Governor, with the President's consent, to authorize the use of Hindi or any official state language in High Court proceedings within that state.
* A 1965 Cabinet Committee decision requires the Chief Justice of India's consent for any proposal to use a language other than English in High Courts.
* The use of Hindi was authorized in the High Courts of Rajasthan (1950), Uttar Pradesh (1969), Madhya Pradesh (1971), and Bihar (1972) after the 1965 decision, with the consultation of the Chief Justice of India.
Requests for Use of Regional Languages:
* Proposals were received from Tamil Nadu, Gujarat, Chhattisgarh, West Bengal, and Karnataka to permit the use of Tamil, Gujarati, Hindi, Bengali, and Kannada, respectively.
* The Supreme Court, after deliberations, decided not to accept these proposals.
* A request from Tamil Nadu to review the decision was also rejected by the Supreme Court after further deliberation.
Initiatives for Regional Language Support:
* The Bar Council of India, under the Ministry of Law and Justice, has formed the Bharatiya Bhasha Samiti, chaired by a former Chief Justice of India, to translate legal materials into regional languages. This includes developing a Common Core Vocabulary.
* The Legislative Department of the Ministry of Law and Justice has prepared a legal glossary of 65,000 Hindi words for digitization and public access.
Impact Analysis:
High Courts:
* Impact: High Courts are bound by Article 348(1)(a) to conduct proceedings in English, unless authorized to use Hindi or other official state languages under Article 348(2) with Presidential consent and the Chief Justice of India's approval.
* Action Required: No immediate action is required unless seeking authorization to use a language other than English.
State Governments:
* Impact: State Governments can propose the use of Hindi or other official state languages in their respective High Courts.
* Action Required: If desired, State Governments must obtain the President's consent and the Chief Justice of India's approval for such proposals.
Citizens and Litigants:
* Impact: Initiatives to translate legal materials and create legal glossaries in regional languages aim to improve access to justice.
* Action Required: Utilize available translated materials and glossaries to better understand legal proceedings.
Bar Council of India:
* Impact: Responsible for leading the Bharatiya Bhasha Samiti to translate legal materials into regional languages.
* Action Required: Continue the work of the Bharatiya Bhasha Samiti to develop resources in regional languages.
Ministry of Law and Justice:
* Impact: Oversees initiatives to support the use of regional languages in the legal system.
* Action Required: Continue to support the Bar Council of India and the Legislative Department in their efforts to translate legal materials and create legal glossaries.
Key Entities Referenced
Constitution of India: The supreme law of India, which includes Article 348 regarding the language used in the Supreme Court and High Courts.
Supreme Court of India: The highest judicial body of India, whose Full Court decisions regarding the use of regional languages in High Courts are referenced.
High Court of Rajasthan: One of the High Courts in India that was authorized to use Hindi in its proceedings under Article 348 of the Constitution.
Uttar Pradesh: A state in India where the High Court was authorized to use Hindi in its proceedings in 1969.
Madhya Pradesh: A state in India where the High Court was authorized to use Hindi in its proceedings in 1971.
Bihar: A state in India where the High Court was authorized to use Hindi in its proceedings in 1972.
Bar Council of India: A statutory body that regulates and represents the legal profession in India. It constituted the Bharatiya Bhasha Samiti.
Bharatiya Bhasha Samiti: A committee constituted by the Bar Council of India for translating legal material into regional languages. It was chaired by Justice S.A. Bobde.
GOVERNMENT OF INDIA
MINISTRY OF LAW AND JUSTICE
DEPARTMENT OF JUSTICE
LOK SABHA
UNSTARRED QUESTION NO. 2119
ANSWERED ON 01/08/2025
REGIONAL LANGUAGES IN COURT PROCEEDINGS
2119. SHRI ROBERT BRUCE C :
Will the Minister of Law and Justice be pleased to state:
(a) the details of High Courts in the country that are using regional languages in their
proceedings;
(b) whether the Government has received any request/representation from different High
Courts for use of regional languages in their respective High Courts;
(c) if so, the details thereof and the response of the Government in this regard;
(d) whether the Government has held any meeting with the Bar Councils in various States to
develop a mechanism to facilitate the people in court proceedings/cases, if so, the outcome
thereof; and
(e) whether Government has prepared a common legal dictionary for the use of courts in legal
system of regional languages, if so, the details thereof?
ANSWER
MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND
JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY
AFFAIRS
(SHRI ARJUN RAM MEGHWAL)
(a) to (c): Article 348(1)(a) of the Constitution of India states that all proceedings in the
Supreme Court and in every High Court, shall be in English language. Clause (2) of the Article
348 of the Constitution states that notwithstanding anything in sub-clause (a) of clause (1), the
Governor of a State may, with the previous consent of the President, authorize the use of 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.
1The Cabinet Committee’s decision dated 21.05.1965 has stipulated that consent of the
Hon’ble Chief Justice of India be obtained on any proposal relating to use of a language other
than English in the High Court.
The use of Hindi in the proceedings of High Court of Rajasthan was authorized under
clause (2) of Article 348 of the constitution in 1950. After the Cabinet Committee’s decision
dated 21.05.1965 as mentioned above, the use of Hindi was authorized in the High Courts of
Uttar Pradesh (1969), Madhya Pradesh (1971) and Bihar (1972) in consultation with the Chief
Justice of India.
Government of India had received proposals from the Government of Tamil Nadu,
Gujarat, Chhattisgarh, West Bengal and Karnataka to permit use of Tamil, Gujarati, Hindi,
Bengali and Kannada in the proceedings of the Madras High Court, Gujarat High Court,
Chhattisgarh High Court, Calcutta High Court and Karnataka High Court respectively. The
advice of Chief Justice of India was sought on these proposals and it was intimated that the
Full Court of the Supreme Court after due deliberations, decided not to accept the proposals.
Based on another request from the Government of Tamil Nadu, the Government
requested the Chief Justice of India to review the earlier decisions in this regard and convey
the consent of the Supreme Court of India. The Chief Justice of India conveyed that the Full
Court, after extensive deliberations decided not to approve the proposal and reiterated the
earlier decisions of the Hon’ble Court.
(d) & (e): Under the aegis of the Ministry of Law and Justice, the Bar Council of India has
constituted ‘Bharatiya Bhasha Samiti’ chaired by former Chief Justice of India, Hon’ble Mr.
Justice S.A. Bobde for the purpose of translating legal material into regional languages by
developing a Common Core Vocabulary close to all Indian Languages. In addition, Legislative
Department of Ministry of Law and Justice has prepared a legal glossary of 65,000 words in
Hindi for digitization and making available in public domain in searchable format for the usage
of all.
***
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