The Supreme Court on Friday declined to entertain a Public Interest Litigation seeking the constitution of a commission to examine the use of Hindi as an official language of proceedings before the apex court.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana observed that a change in the language regime of the Supreme Court cannot be brought about through a judicial direction and would have to be undertaken through the constitutionally prescribed process.
During the hearing, counsel for the petitioner urged the Bench to at least direct the constitution of a committee or commission to examine the feasibility of introducing Hindi in the Supreme Court.
The Bench, however, pointed out the constitutional limitation involved in the prayer. Justice V. Mohana questioned how the Court could direct such a measure when the request effectively contemplated a constitutional amendment.
CJI Surya Kant observed that language-related reforms are capable of being introduced progressively and noted that the Supreme Court has already been taking steps to make its work more accessible in Indian languages.
The Chief Justice referred to the Court’s initiative of providing brief descriptions of its judgments in Hindi and indicated that similar measures would subsequently be extended to other regional languages. The Court emphasised that such initiatives could facilitate wider access while preserving India’s linguistic diversity.
The constitutional framework currently governing the language of proceedings is contained in Article 348(1)(a), which stipulates that proceedings in the Supreme Court and in every High Court shall be conducted in English. Unlike the position concerning High Courts, the Constitution does not provide an equivalent mechanism permitting the use of Hindi or another regional language in Supreme Court proceedings.
Article 348(2), however, permits the Governor of a State, with the previous consent of the President, to authorise the use of Hindi or another language used for official purposes of the State in proceedings before the High Court having its principal seat in that State. Section 7 of the Official Languages Act, 1963 similarly provides for the use of Hindi or the State’s official language in certain High Court judgments, decrees and orders, subject to the statutory requirements.
The petitioner nevertheless pressed for the constitution of a commission, arguing that the issue could first be examined institutionally rather than requiring an immediate change in the language of proceedings.
The Bench was not inclined to issue such a direction and dismissed the PIL.
The Court’s observations also come against the backdrop of its continuing efforts to expand access to judicial information through Indian languages. The Chief Justice indicated that the Supreme Court intends to progressively incorporate other regional languages into such initiatives, while maintaining the existing constitutional framework governing the language of formal proceedings.
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