Lok Sabha Question No. 2291 (UNSTARRED), answered on 2022-07-29
Subject: Use of Regional Language in High Court
Ministry: LAW AND JUSTICE
Asked by: Nalin Kumar Kateel

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

## LOK SABHA

## UNSTARRED QUESTION NO. 2291

TO BE ANSWERED ON FRIDAY, THE 29 th  JULY, 2022.

## Use of Regional Language in High Court

## 2291. SHRI NALIN KUMAR KATEEL:

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

- a) whether regional language is a necessary component in the functioning of High Court in the respective States;
- b) if so, the details thereof;
- c) whether the Government is aware that counsels/litigants are not being allowed to  present  their  case  in  the  official  language  of  State  in  High  Court  of  that particular State;
- d) if so, the details thereof; and
- e) the  steps  taken/being  taken  by  the  Government  to  ensure  that  the  official language of the State is used in High Courts?

## ANSWER

## MINISTER FOR LAW AND JUSTICE

## (SHRI KIREN RIJIJU)

(a)  to (e):  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  subclause (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 the Chief Justice of India vide his D.O. dated 16.10.2012 intimated that the Full 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 vide letter  dated  04.07.2014  and  convey  the  consent  of  the  Supreme  Court  of  India.  The Chief  Justice  of  India  vide  his  D.O.  letter  dated  18.01.2016  conveyed  that  the  Full Court, after extensive deliberations disapproved the proposal and reiterated the earlier decisions of the Hon'ble Court.

The  Prime  Minister  in  his  speech  delivered  at  the  Joint  Conference  of  Chief Ministers  and  Chief  Justices  held  on  30.04.2022  stressed  upon  the  need  of  using regional  languages  in  the  proceedings  of  the  Courts  so  that  the  common  man understands the judicial process and feels connected with it.

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