Centre shoots down PIL seeking use of Hindi as language in Supreme Court, High Courts

The Central Government on Wednesday filed an affidavit rejecting a PIL proposing to make Hindi the official language in the Apex Court and 24 high courts across the country, reports Indian Express..The PIL, which was filed in the Supreme Court by advocate Shiv Sagar Tiwari, contended that Article 348, which prescribes English as the official language of the higher judiciary, is violative of the Constitution. It was also contended that English is a “Gulami Basha,” which is not understood by litigants. A Bench of Justices Dattu and Bobde had thereafter issued notice to the Central Government..In response to this, The Department of Official Language of the Home Ministry rejected the proposal to change the language to Hindi, placing reliance upon the 216th Law Commission Report of 2008. The Report had carefully analysed the related constitutional provisions and had also referred to the views of senior members of the higher judiciary on the topic. It stated,.“No language should be thrust on any section of the people against their will since it is likely to become counterproductive…for Judges at the higher level, it is an integral part of their decision-making process. Judges have to hear and understand the submissions of both the sides, apply the law to adjust equities. Arguments are generally made in higher courts in English and the basic literature under the Indian system is primarily based on English and American text books and case laws.”.The Report also pointed out that the use of English as the court language facilitates the smooth transition of Judges who are transferred from one High Court to another and also from a High Court to the Apex Court..The Centre, in its affidavit, highlighted that Clause (2) of the Article 348 has already laid down an enabling provision whereby the Governor of a state, with the previous consent of the President, may authorise use of Hindi language in the proceedings of the High Court in that state.