The Supreme Court reaffirmed the use of English as the official language for court proceedings, expressing concerns about the increasing use of Hindi. The court emphasized the importance of maintaining uniformity in legal processes across the country. This stance has reignited debates about language inclusivity in the judicial system.
New Delhi: The Supreme Court of India raised objections when a petitioner began presenting arguments in Hindi, reaffirming that the official language for court proceedings is English.
The bench, consisting of Justice Hrishikesh Roy and Justice SVN Bhatti, was hearing a special leave petition (SLP) challenging an Allahabad High Court order. The case involved a plea by the petitioner’s wife, who sought the transfer of a dowry and cruelty case from Basti district to Prayagraj, a request the High Court approved.
Read Also: Madras High Court Upholds Demand for Tamil as Official Language in Court Proceedings
During the hearing, as the petitioner started his arguments in Hindi, Justice Roy reminded him,
“This court conducts its proceedings in English. You presented personally, and we did not interrupt you to allow you to express yourself fully. There are two judges present. You cannot present arguments in Hindi without ensuring that the court understands you.”
Following this, the petitioner agreed to continue in English, and the proceedings resumed. The case ultimately referred to mediation.
Article 348 of the Indian Constitution mandates that all proceedings in the Supreme Court and High Courts be conducted in English, unless otherwise stipulated by Parliament. While Hindi or other regional languages may be permitted in High Court proceedings, this requires prior consent from the President.
However, this exception does not extend to the Supreme Court. Article 348 also specifies that the official texts of laws and judicial decisions must be in English.
Language barriers in the Supreme Court are not new. In 2022, when a petitioner attempted to argue in Hindi, Justices KM Joseph and Hrishikesh Roy reminded him that English is the official language of the Supreme Court. In that instance, a lawyer was appointed to assist the petitioner in presenting his case in the appropriate language.
Read Also: PIL Questions Naming of Three New Criminal Laws in Hindi and Sanskrit: Madras HC
Chief Justice of India DY Chandrachud recently advocated for the use of regional languages in judicial proceedings to make the justice system more accessible. He emphasized that lawyers should have the option to present their cases in their preferred languages and noted that regional languages could enhance justice delivery across the country.
In January 2023, the Supreme Court took steps to translate its judgments into regional languages, aligning with ongoing discussions about language accessibility in India’s higher courts.