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Use of regional languages declined in HCs of Tamil Nadu, Gujarat, Chhattisgarh, West Bengal and Karnataka: Law Minister [Read Statement]

By LAWSTREET NEWS NETWORK      05 August, 2023 11:47 PM      0 Comments
Use of regional languages declined in HCs of Tamil Nadu, Gujarat, Chhattisgarh, West Bengal and Karnataka: Law Minister [Read Statement]


NEW DELHI: The Union government has informed Rajya Sabha that use of Hindi has been authorised in the High Courts of Allahabad, Madhya Pradesh, Bihar and Rajasthan in consultation with the Chief Justice of India decades ago but a similar request to use other vernacular languages in other High Courts has been declined by full court.

"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, Law Minister Arjun Ram Meghwal said.

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 Court, he added.

The Minister was responding to a query about the use of regional languages in the High Courts.

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, authorise 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, authorise 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 on May 21, 1965 has stipulated that consent of the 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 authorised under clause (2) of Article 348 of the constitution in 1950. After the Cabinet Committee’s decision, 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.

However, similar request for use regional languages of other states subsequently did not get the approval of the Chief Justice of India.

[Read Statement]



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