Use of Hindi in High Courts
Article 348(2) of the Constitution of India states that the Governor of a State may, with the previous consent of the President, authorize the use of the Hindi language, or any other language used for any official purpose of the State, in proceedings in the High Court having its principal seat in that State.
Section 7 of the Official Languages Act, 1963 states that the Governor of a State may, with the previous consent of the President, authorize the use of Hindi or the official language of the State, in addition to the English language, for the purposes of any judgment, decree or order passed or made by the High Court for that State and where any judgment, decree or order is passed or made in any such language (other than the English language), it shall be accompanied by a translation of the same in the English language issued under the authority of the High Court.
The Cabinet Committee’s decision dated 21.05.1965 has stipulated that consent of the Hon’ble Chief Justice of India be obtained on any proposal relating to use of a language other than English in the High Courts.
The use of Hindi in proceedings in the High Court of Rajasthan was authorized under Article 348(2) of the Constitution in 1950. After the Cabinet Committee’s decision dated 21.05.1965 as mentioned above, the use of Hindi was authorized in the High Courts of Uttar Pradesh (1969), Madhya Pradesh (1971), and Bihar (1972) in consultation with the Chief Justice of India.
This information was given by the Union Minister of Law and Justice, Shri Kiren Rijiju in a written reply in Rajya Sabha, today.
Shri Salman Khurshid on 03-September-2012
Giving this information in written reply to a question in the Lok Sabha, Shri Salman Khurshid, Minister of Law & Justice, said that no details about whether the registries of Supreme Court and the High Courts are using Hindi in their administrative work are maintained by the Government. The Minister said that the 18th Law Commission of India in its 216th Report on “Non-Feasibility of Introduction of Hindi as Compulsory Language in the Supreme Court of India” has, inter-alia, recommended that the higher judiciary should not be subjected to any kind of even persuasive change in the present societal context. The Government in the Department of Official Language, have accepted this recommendation, Shri Khurshid informed the House.
