Lok Sabha Question No. 1292 (UNSTARRED), answered on 2018-07-25
Subject: Hindi as Language of Higher Judiciary
Ministry: LAW AND JUSTICE
Asked by: NEELAM SONKER, HARISH DWIVEDI

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 1292

TO BE ANSWERED ON WEDNESDAY, THE 25 th  July, 2018

## Hindi as Language of Higher Judiciary

## +1292 SHRIMATI NEELAM SONKER: SHRI HARISH CHANDRA ALIAS HARISH DWIVEDI

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) Whether the Government has formulated any policy to authorise the lawyers to  plead  in    Hindi  in  the  Supreme  Court  and  in  Hindi  and  other  regional languages in High Courts and to get justice;
- (b) if so,  the details thereof;
- (c) the reasons for English being the language of pleading for providing justice in  the  Supreme  Court  and  High Courts in  the  country  even  after  so  many years of independence;
- (d) the  number  of  States  where  Hindi  and  other  regional  languages  are  the language for argument and judicial process; and
- (e) the  number  of  States  where  English  is  still  the  language  of  argument  and justice  in  the  High  Courts  despite  regional  language  being  more  enriched than English?

## ANSWER

## MINISTER OF STATE FOR LAW AND JUSTICE & CORPORATE AFFAIRS (SHRI P.P. CHAUDHARY)

- (a) to (e) :    Article 348(1) of the Constitution of India provides that all proceedings in the Supreme Court and High Courts shall be in English language

until  Parliament by law otherwise provides. Parliament has not made any law in this regard. Therefore, English continues to be the language for all proceedings of the Supreme Court. However, the Government, in accordance with the provisions of Article 348 (2), and in consultation with the Supreme Court, has authorized use of  Hindi  in  the  proceedings  of  four  High  Courts  namely,  Patna  High  Court, Allahabad High Court, Madhya Pradesh High Court and Rajasthan High Court.

The  18 th Law  Commission  of  India  in  its  216 th Report  on  'Nonfeasibility of introduction of Hindi as compulsory language in the Supreme Court of  India'  (2008)  has,  after  detailed  discussions  with  all  stake-holders,  inter-alia, recommended that at any rate no language should be thrust upon the Judges of the higher  judiciary  and  they  should  be  left  free  to  deliver  their  judgment  in  the language they prefer.

In  accordance  with  the  decision  of  the  Cabinet  Committee  dated 21.05.1965, the Chief Justice of India is consulted before obtaining the consent of the President on any proposal relating to introduction of regional languages in the Supreme  Court/  High  Courts.  The  Chief  Justice  of  India,  had  informed  on 18.01.2016  that  the  Full  Court,  after  extensive  deliberations,  disapproved  the proposals relating to introduction of regional languages in the Supreme Court/High Courts and reiterated the Resolution which was adopted on 7 th May, 1997, and was reiterated on 15 th December, 1999, and on 11 th October, 2012.

Therefore,  the  matter  of  introduction  of  regional  languages  in  the Supreme Court and High Courts is left to the judiciary as it is the best judge to decide if the time is ripe to take the step in that direction. Once the Government receives the consent of judiciary in this regard, further action, as appropriate, at the level of the Central Government and State Governments  can be  taken.

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