Lok Sabha Question No. 4235 (UNSTARRED), answered on 2024-12-20
Subject: Conducting Cases in Regional Languages
Ministry: LAW AND JUSTICE
Asked by: Shri K C Venugopal

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

## LOK SABHA

## UNSTARRED QUESTION NO. 4235

## ANSWERED ON 20/12/2024

## Conducting Cases in Regional Languages

## 4235.  SHRI K C VENUGOPAL:

Will the Minister of Law and Justice be pleased to state:

- (a) whether it is a fact that English language is being predominantly used in various High Courts across the country, if so, the details thereof;
- (b) whether the Government proposes to promote use of regional languages in conducting cases in various High Courts, if so, the details thereof;
- (c) whether  the  Government  has  received  the  proposals  from  some  States  regarding conducting of cases in regional languages;
- (d) if so, the details thereof; and
- (e) the response of Government thereon?

## ANSWER

MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE;  AND  MINISTER  OF  STATE  IN  THE  MINISTRY  OF  PARLIAMENTARY AFFAIRS

(SHRI ARJUN RAM MEGHWAL)

(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  sub-clause  (a)  of clause (1), the Governor of a Statemay, 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.

Section 7 of the Official Language Act, 1963 states that the Governor of a State, may with previous consent of the President, authorize the use of Hindi or the official language of the State, in addition to English language, for the purpose of any judgement, decree or order passed or made by the High Court for that State and where any judgement, decree or order passed  or  made  in  any  such  language  (other  than  the  English  language),  it  shall  be accompanied by a translation of the same in English language issued under the authority of the High Court.

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 Article  348(2)  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  as  per  the  Cabinet Committee's decision taken in 1965 and the Chief Justice of India vide his D.O. letter dated 16.10.2012  intimated  that  the  Full  Court  in  its  meeting  held  on  11.10.2012,  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 in July, 2014. The Chief Justice of India vide his D.O.  letter  dated  18.01.2016  conveyed  that  the  Full  Court,  after  extensive  deliberations, unanimously resolved that the proposals could not be accepted.

*****