Apex Court Dismisses PIL Seeking Inclusion of 'Rajasthani' As Official Language Under VIII Schedule Of Constitution

The Supreme Court today dismissed a Public Interest Litigation seeking the inclusion of 'Rajasthani' language in the Eighth Schedule to the Constitution of India.

The Bench of Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra at the outset remarked, "We can't issue a direction to include a language in the Eighth Schedule, you will have to move to the government." The Court was further apprised by the Counsel appearing for the Union of India that a similar matter was disposed of earlier by an order of this Court.

"But it was on different ground", submitted the Petitioner-in-person. He further said, "The Petition and Judgement which you are referring to is passed in 1997 and that clearly mentions that none of the fundamental rights have been disputed."

Expressing disclination to entertain the matter, the Chief Justice remarked "Mr Ripudaman Singh, we can't entertain this matter and especially our court has taken the view that the inclusion of language in the eighth schedule is something for which we can't issue a mandamus." CJI Chandrachud further remarked, "We read the matter and come, we know what your grievance is but the Respondents says that similar matter was already disposed of by this Court"

Accordingly, the Court in its order noted "The relief which is being sought in the present petition is for the inclusion of the Rajasthani language in the Eighth Schedule to the Constitution." The Court further noted "During the course of the hearing, learned counsel for the Respondents has placed on record a copy of the judgement of 2 judge bench of this Court in Kanhaiya Lal Sethia & Anr. Vs. Union Of India & Anr. (1997) 6 SCC 573, the relief which was sought in that case was in the following terms: (a) Direct respondent No.1 (Union of India) to introduce an Official Bill in the Parliament to include Rajasthani language in the VIIIth Schedule to the constitution; or to sponsor a Private Member's Bills to be introduced on this subject."

Continuing, the Bench dictated "This court while declining to entertain the petition observed as follows: 'To include or not to include a particular language in the VIIIth Schedule is a policy matter of the Union. Generally speaking, the Courts do not, in the exercise of their power of judicial review, interfere in policy matters of the State, unless the policy so formulated either violates the mandate of the Constitution or any statutory provision or is otherwise actuated by mala fides. No such infirmity is present in the instant case. The petitioner is not vested with any fundamental right to compel the Union of India to bring forth a particular legislation or to exercise its discretion in the Parliament in a particular manner. It is, thus, not open to the petitioner to seek a direction to the Union of India "to sponsor a Private Member's Bill to be introduced on this subject'."

Dismissing the Petition, the Court further dictated, "Whether a language should be included in the eight schedule is a policy decision which has to be taken by the appropriate constitutional authority. We decline to entertain the petition on this ground, the petition is accordingly dismissed."

The plea filed by Ripudaman Singh reads that "The Rajasthani language is a language which is at least 1244 years old as the earliest known written record of Rajasthani language is found in the year 778 A. This language is an independent language which has its own dictionary, grammar, a script and its own wide raging literature."

It further read that the Rajasthani language was considered as an independent language in the census 1901 right up till 1961 census of independent India and it was only from 1971 that the census included Rajasthani and its dialects as a part /dialect of Hindi.

The following prayers were sought in the Petition: kindly issue direction/orders/ writs to Respondent no.1 the Union of India to include Rajasthani in the 8th schedule, or issue direction/order/writs to Respondent no.1 the Union of India to accord same status, allowance, facilities and recognition to Rajasthani as extended to all other scheduled languages in the 8th schedule. b) Kindly issue direction/orders/ writs to No. 1 the Union of India to refrain from including and considering Rajasthani as the dialect of Hindi both in the census as well as at other governmental actions and confer Rajasthan its entitlements.

The plea had also sought directions on the State of Rajasthan to make adequate place for Rajasthani as the official language or all ofïcial activities in the Rajasthani language. On the last date of the hearing, the Court had asked the Petitioner-in-person to serve the copy on the central agency and had requested the Attorney General to depute any Law Officer to assist the Court.

Cause Title: Ripudaman Singh v. Union Of India & Anr. [W.P.(C) No. 387/2023]