The constitutional provisions regarding the language of the courts and legislation are as follows:
- English Language for Legal Proceedings and Texts:
- All proceedings in the Supreme Court and in every high court must be conducted in English, unless Parliament provides otherwise.
- Authoritative texts of all bills, acts, ordinances, orders, rules, regulations, and bye-laws at the Central and state levels must be in English.
- Use of Regional Languages in High Courts:
- A governor of a state, with the consent of the president, can authorize the use of Hindi or another official language of the state in the proceedings of the high court. However, judgements, decrees, and orders must remain in English (unless Parliament provides otherwise).
- Language for State Legislation:
- A state legislature can prescribe the use of any language (other than English) for bills, acts, ordinances, orders, rules, regulations, or bye-laws. However, a translation of the same in English must be published.
- Official Languages Act of 1963:
- This act provides for the use of Hindi translations for Central legislation, acts, ordinances, orders, and regulations.
- It allows the governor of a state, with the previous consent of the president, to authorize the use of Hindi or any other official language for judgements, decrees, and orders passed by the high court. English translations must accompany these.
- Language in the Supreme Court:
- The Supreme Court conducts all proceedings in English as no provision has been made for the use of Hindi. In 1971, a petitioner’s habeas corpus petition was dismissed for insisting on arguing in Hindi, as it was against the rule of conducting proceedings in English.
- Authorized Translations (Central Laws) Act of 1973:
- This act provides for the publication of translations of central laws in any regional language specified in the Eighth Schedule of the Constitution (other than Hindi). These translations, when published under the authority of the president, are considered authoritative texts.
These provisions aim to maintain a uniform legal language in the higher courts and legal texts while allowing the use of regional languages in high courts for better accessibility to the people of different linguistic backgrounds.
Articles of Language of the Supreme Court, High Courts, etc.
348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.
349. Special procedure for enactment of certain laws relating to language
