Kerala HC slams govt for failing to publish English translation of university laws, warning India risks “frogs in a well” instead of a global education hub.
Thank you for reading this post, don't forget to subscribe!
KERALA: The Kerala High Court, in a ruling, expressed strong displeasure at the State government’s continued failure to notify an English translation of the First Statutes governing the APJ Abdul Kalam Technological University (KTU).
Justice T.R. Ravi, while dismissing writ petitions filed by two KTU syndicate members, highlighted a constitutional mandate under Article 348(3) of the Indian Constitution that requires all laws enacted in vernacular languages to be accompanied by an authoritative English translation published in the Official Gazette.
The Case Background
The petitions arose from a dispute over the 63rd meeting of the KTU Syndicate. The Vice Chancellor had called off the meeting abruptly without considering any items on the agenda. Some members continued the meeting in his absence and passed resolutions. The Vice Chancellor later annulled those decisions, leading to the legal challenge.
During adjudication, the Court noted a fundamental hurdle: the KTU First Statutes, 2020, which regulate the functioning of the Syndicate, were available only in Malayalam, with no official English translation. This created difficulties for judicial interpretation since the High Court cannot rely on vernacular versions as authoritative legal texts.
Article 348(3): The Constitutional Mandate
Article 348 of the Constitution makes English the authoritative language for:
- All proceedings in the Supreme Court and High Courts,
- All Acts and Bills passed by Parliament or State legislatures,
- Ordinances, orders, rules, regulations, and bylaws.
Under Article 348(3), if a State legislature enacts laws in a vernacular language, an authoritative English version must also be published under the Governor’s authority in the Official Gazette.
Justice Ravi stressed that Kerala has consistently failed to comply with this obligation despite repeated judicial reminders over decades.
Earlier Judicial Precedents
The Court cited several earlier rulings emphasizing this constitutional duty:
- Thanga Dorai v. Chancellor, Kerala University (1995): Held that English translations must be published simultaneously with vernacular laws.
- Murali Purushothaman v. State of Kerala (2001): Reiterated that non-compliance with Article 348(3) was unconstitutional.
- PH Babu Ansari v. Municipal Council, Kottayam Municipality (2023): Warned that Kerala could not aspire for global growth if its laws remained inaccessible to non-Malayalam speakers.
Despite these rulings, the State continued to neglect publishing authoritative English versions.
Court’s Observations
The Court noted:
- It is “disheartening” that even after repeated reminders, the State failed to act.
- Without an English version, the High Court faced practical hurdles in adjudication, since it could not rely on Malayalam texts alone.
- This failure was particularly grave in the context of higher education:
“It is all the more important that an English translation as provided in Article 348 (3) of the Constitution is available, in cases where the legislations are regarding Universities, which take care of higher education, and when the State is aiming to become a global education hub. Should not the students coming from all over India and all over the world have access to the law… or should we still remain as Koopa Mandookam (frog in a well)?”
The Verdict
While the Court dismissed the petitions challenging the Vice Chancellor’s annulment of syndicate resolutions, it took the opportunity to reiterate its concerns about the absence of English translations of statutes.
The Court stopped short of declaring the statutes invalid but urged the legislature to rectify these lapses in future law-making, cautioning that ignoring constitutional mandates damages Kerala’s image as an aspiring global education hub.
Appearance:
For the petitioners: Senior counsel P Ravindran, assisted by advocate Aparna Rajan and Advocate T Rajasekharan Nair
For the Vice Chancellor of KTU: Senior government pleader AJ Varghese and advocate MA Vaheeda Babu
Case Title:
Dr Vinodkumar Jacob v The Vice Chancellor & ors and connected case
W.P. (C) Nos. 3197 & 5548 of 2025
READ JUDGMENT HERE
