The Kerala High Court has recently addressed the significance of enacting laws in English, particularly in the context of attracting global investments. The Court emphasized that publishing statutes and rules in English is crucial, especially for a state like Kerala that is inviting international investors. This statement came during a ruling where the Court granted relief to property owners over a technicality in the Kerala Town and Country Planning Act, 2016.
The Court noted,
“The need for publishing statutes and rules in English language need not be reiterated. When a State like Kerala opens its invitation for people from all over the world to invest, it would be incongruous if the laws were incomprehensible to them. The importance of English as an international language of communication and comprehension within and outside the Country cannot be ignored. Parochial considerations have to be kept aside while contemplating growth and development of the State.”
This observation arose from a case where the rules under the 2016 Act were available only in Malayalam, which led the Court to address the broader issue of State rules not being available in English. The Court firmly stated,
“The legislature and the rule-making authority are bound to issue an English translation, simultaneous with the introduction and passing of the law and the Rules. The requirement of an English text is a Constitutional obligation and cannot be avoided.”
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In the specific case at hand, the Court allowed the property owners’ plea and directed the authorities to process their building permit applications. The Court reasoned that the authorities should have acquired the plot within two years after marking it as a “park and open space” if they intended to take control of it.
This ruling highlights the Court’s stance on the necessity of English for legal and administrative processes in the context of globalization and economic development, while also addressing a specific legal matter concerning property rights.
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