LANGUAGE OF COURT IN INDIA
The language used in the courts in India has seen a over centuries with the shift
from Urdu to Persian & Farsi script during mughal period which continued in
subordinate courts during the British Rule. The British Government introduce the
codified law in India with official language English. It mandated by the
government that English language will continue to be used for all official purposes
of union for 15 years from the commencement of the Constitution of India.
Recently Gujarat High Court has asked a journalist facing contempt of court
proceeding to speak only in English as that was the higher judiciary. Article
348(1)(a) states that unless parliament by law provides otherwise, all proceedings
before the Supreme Court & in every High Court shall be conducted in English.
The Governor of the state may, with the consent of the president, authorize the use
of Hindi or any other language used for any official purpose.
There are some states namely Uttar Pradesh, Bihar, Rajasthan & Madhya Pradesh
have already authorized the use of Hindi in the proceeding of the High Court. The
Constitution of India recognizes English as the official language of the Supreme
Court & the High Courts with use of other languages in the courts proceeding in
certain cases after getting permission from the court.
Official language act, 1963 empowers Governor of the state with the consent of
president authorize the use of Hindi or other official language of the state in
addition to English for the purpose of any judgement, decree or order passed by the
High Court of that state with the provision that such languages shall be
accompanied by a translation in English. Official Language act, 1963 does not
specifically mention that English is the only official language in the court
proceeding.
In case of Courts subordinate to High Court the state government has the power to
declare any regional language as an alternative for the proceeding of the court. The
preferred language in the courts is English. The reasons for using English as an
official language of the court i.e.., The cases come to the Supreme Court from all
over the country. Similarly judges & lawyers of the Supreme Court also come from
the different part of the country. Judges & lawyers can not expected to read
documents & hear arguments in languages they are not acquaint with. In order the
avoid such clashes the proceeding of the courts shall be prescribed in English
LANGUAGE OF COURT IN INDIA
Language in ordinary cases with an exceptional clause for using Hindi or other
official languages provided with prior permission of Court. In 2019, the court
introduce the initiative to translate its judgement into regional languages so that no
one is unable to read or understand judgement pronounced by the courts. The
preferred use of English language in the court provide uniformity in judicial
system in India. Judges & lawyers get easy access to the judgments or views of the
other courts in the similar matters. English is a language that is common is many
state within the country which makes it easy for the parties to understand and
participate in the court proceeding.
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