LawChakra

No Hindi Proceedings in Courts: Supreme Court Dismisses Petition Challenging Article 348

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The Supreme Court of India dismissed a petition to conduct court proceedings in Hindi, emphasizing the constitutional mandate of English as the official language. Chief Justice D.Y. Chandrachud questioned the rationale for prioritizing Hindi and reaffirmed the importance of Article 348, ensuring consistency in legal matters amidst India’s linguistic diversity.

New Delhi: The Supreme Court of India has dismissed a petition seeking to conduct proceedings in Hindi in the High Courts and the Supreme Court, challenging the constitutional provision that mandates English as the official language in these courts. The case was brought forward by Kishan Chand Jain, who sought directions to allow Hindi in legal proceedings.

A Bench comprising Chief Justice of India (CJI) Dr. D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra found the petition to be “wholly lacking in substance.” The Chief Justice remarked, “The petition is lacking merit and is accordingly dismissed.”

During the hearing, CJI Chandrachud questioned the rationale behind the demand for Hindi alone. He noted, “Why only Hindi?” pointing out that the Court serves petitioners from all states in India. He asked,

“Should we now be hearing parties in every language recognized by the Constitution? How does this work?”

Jain argued that he was seeking “very limited relief” to allow Hindi in court, but the CJI countered, “How can you challenge the validity of Article 348 of the Constitution? It is part of the original Constitution.”

The petition aimed to highlight issues surrounding fundamental rights and access to justice, but the Court remained disinclined to hear further arguments and dismissed the case promptly. Article 348(1) of the Constitution stipulates that “all proceedings in the Supreme Court and in every High Court… shall be in the English language.” However, it also contains a provision allowing a state’s Governor to authorize the use of Hindi or any other official state language in High Court proceedings, subject to the President’s consent. Notably, this provision does not apply to any judgments, decrees, or orders passed by the High Court.

The dismissal of this petition reaffirms the Supreme Court’s commitment to maintaining English as the language of proceedings, ensuring consistency and clarity in legal matters across the country. As the legal landscape evolves, the question of language in courts remains a complex issue, reflecting the diverse linguistic fabric of India.

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