Currently, the exam is conducted only in English, which creates problems for students who studied in non-English medium schools.
NEW DELHI: The Delhi High Court on Thursday clearly said that students should not be stopped from giving the Common Law Admission Test (CLAT) just because they don’t know English. The Court was hearing a case about making CLAT available in regional languages like Hindi and others.
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Currently, the exam is conducted only in English, which creates problems for students who studied in non-English medium schools.
A Bench led by Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela said that while there might be practical difficulties in conducting the CLAT exam in different languages, the Consortium of National Law Universities (NLUs) must take a “concrete decision” on this matter within eight weeks.
“The Advisory Board has made certain recommendations. The matter is still under consideration and more time sought to arrive at a final decisions. We grant eight weeks time. We reiterate that while taking decisions, the Consortium shall also be guided by observations in our past order. We expect that some concrete decision is taken in this matter, so that no exclusion on account of any barrier of any language occurs for those who seek admission in NLUs,” the Court said in its order.
The Court was hearing a petition filed by a student named Sudhanshu Pathak, who asked for CLAT to be conducted in regional languages. The Court, however, also said that some decisions are part of policy-making, and not everything can be ordered by the court.
“This (Court) is not a forum for debate. Ideally, many things should happen. Courts do not have a magic wand. Getting emotional will not get you anywhere. You are right to some extent. Things are happening in the society slowly. 10 years ago IIT exam was not held in local language, now it is held. Ultimately it is a policy decision. Every NLU is governed by the Act it is formed under,” Chief Justice Upadhyaya said.
He added that nobody can deny the importance of holding the exam in local languages, but the challenge is in implementing it properly.
“Nobody can deny the need for exam in local language. How to get it done, that is the issue. People from every background, you will find in the Court. English is only a language,” he added.
The lawyer appearing for the petitioner again raised the problem that students from Hindi or other regional language backgrounds face during the CLAT.
“By the time the Hindi medium student understands the questions, the time is over,” the petitioner’s lawyer said.
In response, Justice Gedela said the solution lies in planning and not just emotion.
“I understand. Your medium cannot be changed. That is why we are saying a roadmap should be filed first. Nobody has the right to say I will study only in NLUs,” he said.
The Central Government also agreed that CLAT should be held in regional languages so that students from all backgrounds can get a chance.
“The door must be kept open. Why should only English medium students become lawyers and judges? Why should only a few study the subject?” the Centre’s lawyer argued.
Justice Gedela, however, pointed out that language should not be a barrier in legal education or practice.
“You only set up NLUs. We don’t agree. In this court, there are practicing advocates and judges who come from all languages,” he replied.
The Bar Council of India (BCI) had also supported the petition filed in 2023.
Earlier, the Consortium of NLUs had said that it would not be possible to hold CLAT 2024 in Hindi or other regional languages. But they also informed the Court that they had formed an expert committee to study how future CLAT exams could be conducted in Indian languages.
In its latest order, the Delhi High Court said it expects the Consortium to take a final and firm decision in eight weeks and make sure that no student is left out just because of the language barrier.
The matter will come up for hearing again on August 20, 2025.
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