Recently, the Prime Minister advocated for the use of regional languages in the legal system during the All-India Conference of Law Ministers and Law Secretaries. Highlighting the importance of clear, local language legislation, he emphasized ease of understanding for all citizens, especially the poor.
Historical Overview of Language in Courts
The language employed by Indian Courts has seen significant changes over time, transitioning from Urdu to Persian and Farsi scripts under the Mughal reign and continuing into the British rule. The British introduced codified law in English. Post-independence, Article 343 of the Constitution made Hindi the official language, with a 15-year transitional period for English.
Constitutional Provisions for Language Use
According to Article 348(1)(a), unless dictated otherwise by law, all Supreme Court and High Court proceedings are conducted in English. However, Article 348(2) enables the State Governor to authorize the use of Hindi or other local languages with prior consent from the President. Uttar Pradesh, Bihar, Rajasthan, and Madhya Pradesh have already authorized Hindi while Tamil Nadu aims to authorize Tamil in court proceedings.
The Official Languages Act 1963
This act allows the Governor of a state, with the President’s consent, to authorize the use of Hindi or the state’s official language alongside English for any High Court judgement. Judgements delivered in any language other than English should be accompanied by an English translation. The Act maintains the primacy of English and does not mention the Supreme Court where English is the exclusive language.
Language in Subordinate Courts
The language in courts subordinate to the High Courts is determined by the state government based on the Civil Procedure Code 1908. While judgements can be delivered in English, evidence can be recorded in the state’s local language. In cases where pleaders are unfamiliar with English, a translation into the court’s language will be provided.
Rationale Behind Using English in Legal System
Diversity in the environments of Supreme Court judges and lawyers necessitates a common language for efficient functioning – English. Uniformity, easy access to other high courts’ perspectives, seamless judge transfers, and a unified judicial structure are critical benefits. Moreover, English serves as a link language in India, which has about two dozen official state languages.
Moving Forward
Promoting local languages in courts could instill confidence and connectivity in citizens towards the justice system. With the 75th anniversary of India’s Independence, judicial focus should lie in creating an easily accessible, quick legal system for everyone. Judiciary and legislature collaboration can pave the way for a time-bound judicial system in the country.