Lok Sabha Question No. 4119 (UNSTARRED), answered on 2023-03-24
Subject: Use of Tamil in Madras High Court
Ministry: LAW AND JUSTICE
Asked by: D. Ravikumar

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

## LOK SABHA

## UNSTARRED QUESTION NO. 4119

TO BE ANSWERED ON FRIDAY, THE 24 th  MARCH, 2023

## USE OF TAMIL IN MADRAS HIGH COURT

## 4119. SHRI RAVIKUMAR D.:

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

- (a) whether the Union Government has taken any action over the demand for the Tamil language to be made as official language in Madras high court - as well as its Madurai bench, if so, the details thereof and if not, the reasons therefor;
- (b) the steps taken by the Government to ensure that all States find proportional representation in the Bench of the Supreme Court; and
- (c) whether the Government is implementing social diversity in higher judiciary and if so, the details thereof?

## ANSWER MINISTER OF LAW AND JUSTICE (SHRI KIRENRIJIJU)

- (a): 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.

Government of  India  had  received  proposals  from  the  Government  of  Tamil  Nadu,  Gujarat, Chhattisgarh, West Bengal and Karnataka to permit use of Tami, 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.

Government is committed to make the legal matters more comprehensible to common citizens by  translating  the  orders  and  other  legal  materials  into  regional  languages.  Under  the  aegis  of  the Ministry  of  Law  and  Justice,  the  Bar  Council  of  India  has  constituted  'Bharatiya  Bhasha  Samiti' 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.

(b) & (c): Appointment  of  Judges  of  the  Supreme  Court  is  made  under  Article  124  of  the Constitution of India, which do not provide for reservation for any caste or class of persons. However, the Government in consultation with the Supreme Court Collegium is committed to ensure appropriate representation from all the states in the Bench of the Supreme Court.

The  Government  is  also  committed  to  social  diversity  in  the  appointment  of  Judges  in  the Higher  Judiciary  and  has  been  requesting  the  Chief  Justices  of  High  Courts  that  while  sending proposals for appointment of Judges, due consideration be given to suitable candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities and Women to ensure social diversity in appointment of Judges in High Courts.

The data regarding Social diversity in High Court Judges has been institutionalized as per the revised Annexure (revised in 2018) wherein the recommendees have to provide details regarding their social background in the prescribed format (prepared in consultation with the Supreme Court). Hence, data since 2018 has been maintained. Out of 575 High Court Judges appointed since 2018, 444 Judges belong to General category, 67 Judges belong to OBC category, 17 Judges belong to SC category, 09 Judges belong to ST category and 18 Judges belong to Minority.

- -o-