Judicial Reforms

Use of Regional Languages in High Courts remains limited

Prelims Only | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Article 348(1)(a), Article 348 (2)

Why in the News?

A growing movement in India is advocating for use of regional languages in High Court proceedings to make justice more accessible to the common citizen.

Current Scenario: Regional Languages in High Courts

  • Out of India’s 25 High Courts, only 4 — Rajasthan, Madhya Pradesh, Uttar Pradesh, and Bihar — are authorized to use Hindi in their proceedings and legal documents.
    • Bihar HC was the last High Court to receive authorization to use Hindi in 1972.
  • A litigant possesses the fundamental right to comprehend and engage in courtroom proceedings, under Article 19 and Article 21.
    • She/ He is entitled to present their case in a language they understand before the magistrate.
  • Additionally, the “Right to Justice” is explicitly recognized under Article 21 of the Constitution.
  • Despite these provisions, the use of regional languages in High Courts remains limited.

Constitutional Provisions for Regional Languages in Judiciary:

Provision Details
Article 348(1) (a) Language of Proceedings
  • English is the official language for proceedings in the Supreme Court, High Courts, and specified tribunals.
  • All records and orders must be in English.
Purpose Ensures uniformity and consistency in legal proceedings and documentation at the highest judicial levels.
Scope Applies to the Supreme Court, High Courts, and all authorities mentioned in Article 323A or Article 323B.
Article 348(2) Use of Other Languages
  • The President may authorize the use of Hindi or any other regional language in addition to English.
  • Authorization is subject to conditions specified by the President.
Purpose Allows for regional languages to be used in judicial proceedings, making the system more accessible to non-English speakers.
Scope Can be applied in the Supreme Court, High Courts, and other authorities as mentioned in Article 323A or Article 323B.

 

PYQ:

[2021] Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?

(a) The Independence of the judiciary is safeguarded.

(b) The Union Legislature has elected representatives from constituent units.

(c) The Union Cabinet can have elected representatives from regional parties.

(d) The Fundamental Rights are enforceable by Courts of Law.

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