The language used in Courts in India has undergone a significant transition over the centuries, with the shift from Urdu to Persian and Farsi scripts during the Mughal period. This continued in subordinate courts even during British Rule, who introduced English as the official language of law. Post-independence, the Constitution of India provides Hindi as the official language of the Union. However, it mandates that English will be utilized for all official purposes of the Union for 15 years from the commencement of the Constitution.
Language in Higher Judiciary
Article 348(1)(a) states that unless Parliament provides otherwise, all proceedings before the Supreme Court and every High Court shall be conducted in English. Furthermore, Article 348(2) allows the Governor of a state, with the previous consent of the President, to authorize the use of Hindi or any other language used for official purposes in the High Court proceedings. States such as Uttar Pradesh, Bihar, Rajasthan, and Madhya Pradesh have already authorized the use of Hindi in their respective high court proceedings, with Tamil Nadu also working towards authorizing the use of Tamil in its high court.
Constitution Provisions
It’s stipulated in the constitution that while other languages may be used in High Court proceedings, judgments must be delivered in English. The Official Languages Act 1963 empowers the Governor of a state to authorize the use of Hindi/official state language in addition to English for any judgement, decree or order passed by the High Court of that state. The Act further mandates English translation if a judgment is passed in any other language.
The Role of English in Courts
Primacy is given to English even by this Act, with no mention of the Supreme Court where English is the only language in which proceedings are conducted. Litigants have the right to understand and participate in the court proceedings, exercising their rights under Article 19 and Article 21. They are also entitled to speak in a language they understand before the magistrate, recognizing their right to justice.
Language in Subordinate Courts
The language in all courts subordinate to High Courts is governed by the Civil Procedure Code 1908, until the state government decides. There are two main provisions regarding the use of language in subordinate courts: Section 137 of the Code of Civil Procedure and Section 272 of the Code of Criminal Procedure 1973. Essentially, these dictate that the regional language will be used as directed by the state government, however judgments, orders, and decrees may be passed in English.
Reasons for English Usage
With judges and lawyers coming from all parts of India to the Supreme Court, familiarity with multiple languages isn’t guaranteed. Without the use of English, it would be nearly impossible to discharge duty efficiently. This uniformity of language allows for easy access to views from other high courts, seamless transfers of judges, and a unified judicial system structure.
The Significance of English in Courts
The widespread use of English within India’s judiciary system has led to a developed, integrated, and uniform legal structure across the country. This uniformity makes the law certain, precise, predictable, and aids in linking different regions with numerous official state languages.
The Debate on Regional Languages
The prospect of introducing respective official state languages in different high courts presents potential challenges for the Indian judicial system. This could lead to fragmentation and confrontation with the transfer policy of high court judges. The absence of a discussion or consensus among states on replacing English with a link language could create legal pigeon holes, break communication channels between different states’ judiciaries, and potentially divide the unified structure of the country’s judicial system.
Last Modified: February 15, 2024