Lok Sabha Question No. 1450 (UNSTARRED), answered on 2023-02-10
Subject: Disposal of Cases in Hindi and Regional Languages
Ministry: LAW AND JUSTICE
Asked by: Kamlesh  Paswan, Ravi Kishan Shukla, Naranbhai Bhikhabhai Kachhadiya, Ravindra Kushawaha, Sunil Kumar Singh, S. Venkatesan

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA UNSTARRED QUESTION NO.1450 TO BE ANSWERED ON FRIDAY, THE 10 TH FEBRUARY, 2023

## DISPOSAL OF CASES IN HINDI AND REGIONAL LANGUAGES

## 1450. SHRI KAMLESH PASWAN:

SHRI RAVI KISHAN:

SHRI NARANBHAI KACHHADIYA:

SHRI RAVINDRA KUSHWAHA:

SHRI SUNIL KUMAR SINGH:

SHRI S. VENKATESAN:

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

- (a)  whether  the  Government  is  considering  to  allow  use  of  regional  languages  in High Courts of various States and if so, the details thereof;
- (b) the extent to which cooperation from various States is being sought for disposal of cases by using Hindi and other regional languages along with or without English;
- (c) whether the Government has prepared a common legal dictionary for the use of courts in legal system of regional languages;
- (d) if so, the details thereof; and
- (e) whether the Government proposes to prepare more virtual courts in the country for speedy trial of pending cases to reduce its number and if so, the details thereof?

## ANSWER MINISTER OF LAW AND JUSTICE (SHRI KIREN RIJIJU)

- (a)to (d): 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.

The 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.

Under the aegis of the Ministry of Law & Justice, the Bar Council of India has constituted 'BharatiyaBhashaSamiti' chaired by former Chief Justice of India, Hon'ble Mr.  Justice  S.A.  Bobde.    The  committee  is  developing  a  Common  Core  Vocabulary close to all Indian languages for the purpose of translating legal material into regional languages.

(e): Virtual Courts is a concept, aimed at eliminating the presence of litigant or lawyer in the court and for adjudication of cases on a virtual platform. The concept has been evolved  in  order  to  efficiently  utilize  court  resources  and  to  provide  litigants  with  an effective avenue to settle traffic challans. Virtual Court can be administered by a Judge over a virtual electronic platform whose jurisdiction may extend to the entire State and function 24X7. As on 01.12.2022, there are 21 such courts in 17 States / UTs viz. Delhi (2), Haryana, Tamil Nadu, Karnataka, Kerala (2), Maharashtra (2), Assam, Chhattisgarh, Jammu and Kashmir (2), Uttar Pradesh, Odisha, Meghalaya, Himachal Pradesh, Madhya Pradesh, Tripura, West Bengal and Rajasthan. Over 2.40 crore cases (2,40,28,319) have been handled by 21 virtual courts and in more than 32 lakhs (32,62,303) cases online fine of more than Rs. 347 (347.86) crores has been realized till 02.01.2023.

However, the establishment of Virtual Courts is an administrative matter which falls  strictly  within  the  purview  and  domain  of  the  judiciary  and  the  respective  State Governments.

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