Supreme Court Dismisses Petition Challenging Article 348 Seeking High Court And Apex Court Proceedings In Hindi
The Supreme Court, today, dismissed a petition seeking proceedings in the High Courts and the Supreme Court to be held in Hindi, challenging the provision in the Constitution of India mandating English to be the language in those Courts.
The Court was hearing a Writ Petition seeking directions to allow proceedings to be conducted in Hindi in the High Courts and the Supreme Court. The petition challenged the validity of Article 348(1) of the Constitution which prescribes that "all proceedings in the Supreme Court and in every High Court... shall be in the English language."
A Bench comprising the Chief Justice of India (CJI) Dr. D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra said that the petition was "wholly lacking in substance." The Bench added, "The petition is lacking merit and is accordingly dismissed"
"Why only Hindi?" the CJI asked the petitioner, one Kishan Chand Jain, during the hearing, noting that the Court hears petitioners arriving from all Indian states. "Should we now be hearing parties in every language recognised by the Constitution? How does this work?
The petitioner said he was seeking "very limited relief. Limited permission," just as the CJI questioned, "How can you challenge the validity of Article 348 of the Constitution? It is part of the original Constitution."
The petitioner then sought to argue that the petition revolves around fundamental rights and access to justice, but the Bench, disinclined to spend any more time hearing the matter, dismissed it.
Article 348 contains a 'notwithstanding clause' that allow the Governor of a State to authorise the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State. This authorisation is subject to the previous consent of the President. A proviso to this clause prescribes that nothing in it shall apply to any judgment, decree or order passed or made by such High Court.
Cause Title: Kishan Chand Jain v. Union of India [W.P.(C) No. 701/2024 PIL-W]
