India, with its rich cultural diversity and linguistic plurality, boasts a remarkable mosaic of languages. This linguistic tapestry is not only reflective of the country’s heterogeneous population but is also intricately woven into its legal landscape. Recently, a notable decision by the Supreme Court of India has sparked a renewed debate on language preferences and their role within the judicial realm.
Hindi as the National Language: A Complex Notion
In a recent case involving a transfer petition filed in a motor accident matter, the Supreme Court deliberated on the language barrier issue. The petitioner sought to shift the proceedings from one Motor Accident Claims Tribunal (MACT) to another, citing language-related difficulties. However, the court’s decision to reject the transfer plea hinged on the perception of Hindi as the national language.
The court’s ruling revives the ongoing discourse surrounding Hindi’s status within the country’s linguistic hierarchy. While Hindi is recognized as an official language of the Union, India’s Constitution refrains from bestowing the title of “national language” upon any single tongue. Article 343(1) of the Constitution establishes Hindi in Devanagari script as the official language, and Article 351 underscores the Union’s responsibility to foster the development and dissemination of Hindi. Nonetheless, this imperative must be achieved without impinging upon the distinctive characteristics of other languages listed in the Eighth Schedule.
The Eighth Schedule and India’s Linguistic Diversity
The Eighth Schedule of the Indian Constitution encompasses a comprehensive list of languages that hold official status within the nation. The inclusion of languages such as Hindi, Bengali, Punjabi, Tamil, and Telugu, among others, underlines the government’s commitment to upholding linguistic diversity. Notably absent from this list is English, which, despite its significance, occupies a unique position within the Indian legal framework.
English: An Imperative Lingua Franca
English, alongside Hindi, assumes a pivotal role as one of the central government’s official languages. While Hindi’s prominence is underscored by Article 343(2), which permits its use for 15 years following the Constitution’s commencement, the subsequent Official Languages Act of 1963 extended English’s utility for official purposes and parliamentary proceedings. In essence, English serves as a critical bridge language, fostering effective communication across India’s multilingual landscape.
Judiciary and Language Usage
Within the realm of the judiciary, linguistic considerations also hold sway. Article 348 delineates the linguistic guidelines for proceedings in the Supreme Court and High Courts (HCs). While English remains the primary language for the time being, provisions exist for the introduction of regional languages under specific conditions. The Official Languages Act of 1963 further empowers Governors to authorize the use of regional languages, provided English translations accompany all legal judgments and orders.
Evolution over the Decades
The trajectory of language utilization in Indian courts is a tale of gradual progression. Historically, English was the dominant language in courts, but deliberations on incorporating regional languages emerged in the 1960s. Subsequently, various states sought permission to introduce their local languages in High Courts. While this proposal was embraced in a few cases, it was met with restraint by the Supreme Court.
The past year witnessed renewed interest in promoting local languages within the judiciary. The Indian Prime Minister emphasized the necessity of facilitating access to justice for the broader population, many of whom face difficulties in comprehending legal proceedings. Although change is anticipated, the process is expected to be gradual rather than abrupt.
Subordinate Courts and Linguistic Diversity
While High Courts and the Supreme Court uphold the use of Hindi and English, subordinate courts operate under distinct linguistic dynamics. The Code of Criminal Procedure (1973) grants state governments the authority to determine the language of proceedings within their respective jurisdictions. Similarly, the Code of Civil Procedure (1908) dictates the use of the language prevalent during the Code’s inception, with provisions for state government directives.
