A Common Language For Justice, Pg7

Key Highlights:

• A Public Interest Litigation (PIL) was filed in the Supreme Court on September 25, 2026, seeking a directive for the Union Government to establish a commission to recommend Hindi as the official language of the Supreme Court.
• The Supreme Court bench, led by Chief Justice of India Surya Kant, noted that language reforms are already being implemented administratively and that a constitutional amendment would be required to change the official language.
• The Court emphasized preserving linguistic diversity by providing brief descriptions of its reports in Hindi, with plans to extend this to other regional languages.
• Article 348(1)(a) of the Constitution mandates English as the language for all proceedings in the Supreme Court and High Courts until Parliament legislates otherwise.
• The Official Languages Act, 1963, along with Article 348(2), allows for the use of Hindi or other regional languages in High Court proceedings and judgments, provided an English translation is also available.

Detailed Insights:

• The PIL argued that the plea for Hindi as the official language was grounded in constitutional provisions, aiming to make justice more accessible.
• The Supreme Court distinguished between changing the judiciary's language regime and making its work accessible in multiple Indian languages.
• Article 348(2) permits State Governors, with the President's consent, to authorize Hindi or other official state languages for High Court proceedings, but not for judgments, decrees, or orders.
• Section 7 of the Official Languages Act, 1963, further enables the use of Hindi or other official state languages for High Court judgments, decrees, or orders, provided an authoritative English translation accompanies them.
• States like Rajasthan, Uttar Pradesh, Madhya Pradesh, and Bihar have utilized these provisions to use Hindi in their respective High Courts.
• The judiciary cannot compel Parliament to enact or amend laws, as such matters fall within the legislative domain, adhering to the doctrine of separation of powers.
• The Supreme Court, in Madhu Limaye & Anr v. Ved Murti & Ors (1970), affirmed English as the language of the Court, highlighting the practical necessity of a common language for proceedings.
• Tools like SUVAS (Supreme Court Vidhik Anuvaad Software), an AI-based translation system launched in November 2019, translate judgments into 16-19 Indian languages, enhancing accessibility while maintaining English as the primary language of record.

Key Concepts Involved:

• Public Interest Litigation (PIL): A legal mechanism allowing individuals or organizations to approach courts for the protection of public interest, especially for marginalized groups.
• Article 348 of the Constitution: Constitutional provision specifying the language to be used in the Supreme Court, High Courts, and for Acts, Bills, etc., primarily mandating English.
• Official Languages Act, 1963: An Act of Parliament that provides for the languages to be used for the official purposes of the Union, including in Parliament and High Courts.
• Separation of Powers: The division of governmental responsibilities into distinct branches (legislative, executive, and judicial) to prevent the concentration and abuse of power.