LANGUAGES USED IN COURT
1. Context
Earlier this week, the Supreme Court observed that although there are at least 22 official languages in the country, Hindi is “the national language”.
2. Transfer Petition for Motor Accident Case Jurisdiction
Background:
- A transfer petition was presented before the top court concerning a motor accident case that took place in Siliguri, West Bengal.
- The petition sought to move the case from the MACT (Motor Accident Claims Tribunal) in Uttar Pradesh (UP) to the one in Darjeeling, West Bengal.
- Filed under Section 166 of the Motor Vehicles Act, 1988, which deals with compensation applications in accident cases resulting in injuries or death.
Section 166 (2) Provision:
- Section 166 (2) of the 1988 Act permits claimants to approach the MACT within their local jurisdiction or where they reside or conduct business.
- The claimants had opted for the MACT in Farrukhabad, UP, which was legally permissible.
Court's Decision:
- The top court rejected the transfer plea in its order dated July 31.
- Language barrier contention was raised, claiming that witnesses from Siliguri might struggle due to language differences.
- The court dismissed this argument, stating that India's diversity includes various languages, but Hindi is the national language.
- The court emphasized that witnesses should communicate their version in Hindi before the MACT in Fatehgarh, UP.
- Accepting the petitioner's contention could disadvantage claimants who might not be able to convey their version effectively in Bengali.
3. Is Hindi India's national language?
- India boasts over 100 languages and 270 mother tongues spoken across the country.
- Notably, the Constitution doesn't designate any single language as India's "national language".
- Article 343, Clause 1 states that Hindi in Devanagari script is the official language of the Union.
- Additionally, it specifies the international form of Indian numerals for official purposes.
- Article 351 outlines a directive to the Union for promoting Hindi's spread and development.
- Hindi should become a medium of expression for India's composite culture.
- This directive must be carried out while preserving the unique features, forms, styles, and expressions used in Hindustani and other languages listed in the Eighth Schedule of the Constitution.
4. Eighth Schedule of the Indian Constitution
- The Eighth Schedule of the Indian Constitution is a crucial component that recognizes and lists various languages that hold significance in the country's diverse linguistic landscape.
- It encompasses languages from different regions and communities, reflecting India's cultural richness and pluralism. The inclusion of languages in the Eighth Schedule signifies their recognition and protection at the national level.
- The Eighth Schedule originally contained 14 languages at the time of the Constitution's adoption in 1950. Over the years, the list has expanded to accommodate more languages.
- Languages listed in the Eighth Schedule are safeguarded by the Constitution, ensuring their promotion and development. They enjoy a level of official recognition in various aspects of governance, administration, and communication.
- The inclusion of a language in the Eighth Schedule underscores the government's commitment to its preservation and growth. States have the authority to adopt policies aimed at encouraging the education and use of these languages.
- The Eighth Schedule has been amended several times to include additional languages based on demands arising from linguistic communities and regions. These amendments reflect the evolving linguistic landscape of India.
- The languages in the Eighth Schedule span multiple language families and origins. They represent different states and union territories, contributing to the mosaic of languages spoken across the nation.
- While Hindi is the official language of the Union as per Article 343, the Eighth Schedule languages also hold official language status in various states and union territories, depending on the linguistic demographics.
5. Status of English in India: Official Language and Constitutional Provisions
- Official Language Status: English is one of the two official languages of the central government in India, the other being Hindi.
- Article 343(2) Provision: Article 343(2) of the Indian Constitution outlines that English will continue to be used for all official purposes of the Union for a period of fifteen years from the commencement of the Constitution (January 26, 1950).
- Continuation Beyond 15 Years: However, on January 26, 1965, Section 3 of the Official Languages Act, 1963 was enacted. This section allowed for the continued use of the English language for official purposes of the Union and within the Parliament, even after the initial 15-year period specified in Article 343(2).
- Parliament's Authority: According to Article 343(3), Parliament has the authority to enact laws to decide the use of either the English language or the Devanagari form of numerals for specific purposes beyond the initial 15-year period.
- Language Options: Article 343(3) empowers Parliament to legislate regarding the use of English or Devanagari numerals for specific purposes as mentioned in the law.
6. Language Usage in Courts: Article 348 of the Indian Constitution
- Article 348 (1) Provision: Until Parliament decides otherwise, all proceedings in the Supreme Court, High Court, and official documents like Bills, Acts, Ordinances, rules, and orders at both Union and State levels shall be in English.
- Article 348(2) Exception: Article 348 (2) allows the use of Hindi or any other language employed for state official purposes in proceedings of High Courts situated in that state. This is authorized by the Governor and requires prior consent from the President.
- Language for Judgement: While proceedings can be conducted in different languages as per Article 348 (2), any judgment, decree, or order issued by the High Court must be in English.
- Hindi use Example: In 2022, the Law Minister mentioned that the Rajasthan High Court permitted the use of Hindi in its proceedings based on Article 348 (2).
- Official Languages Act, Section 7: This section addresses the optional use of Hindi or the state's official language in Judgements of High Courts. Upon Governor's authorization with the President's consent, both Hindi and the state's language can accompany the English language in Judgements.
- Translation Requirement: If Hindi or the state's language is used, an English translation, authorized by the High Court, is mandatory as per section 7 of the Official Languages Act.
7. Way Forward
- The Cabinet Committee decided that the Chief Justice of India's (CJI) consent is necessary for any proposal involving languages other than English in High Courts.
- Following this, Hindi use was approved in Uttar Pradesh (1969), Madhya Pradesh ( 1971), and Bihar (1972) High courts after consulting the CJI, as stated by Kiren Rijiju on April 7, 2022.
- Various states including Gujrat, Chhattisgarh, West Bengal, Karnataka, and Tamil Nadu, approached the Central government and CJI to allow their regional languages in High Courts. However, all such proposals were declined by the Supreme Court's full court after discussions.
- In May 2022, Prime Minister Narendra Modi emphasized promoting local languages in courts due to the challenge a significant portion of the population faces in comprehending judicial procedures and court rulings.
- (Then) CJI N V Ramana acknowledged the need but suggested gradual implementation over time rather than an abrupt change.
- Kiren Rijiju advocated the incorporation of regional languages in court activities and educational initiatives.
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For Prelims: MACT (Motor Accident Claims Tribunal), Motor Vehicles Act, 1988, Article 343, Article 351, Article 343(2), Article 343(3), Article 348 (2), Eighth schedule of the Indian Constitution, Chief Justice of India's (CJI).
For Mains: 1. Discuss the evolving discourse on the use of regional languages in Indian High Courts. Examine the historical developments, government initiatives, and judicial considerations surrounding the issue. (250 words).
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Source: The Indian Express
