The Supreme Court has rejected a petition that aimed to have court proceedings in the High Courts and the Supreme Court conducted in Hindi
This petition challenged a part of the Indian Constitution that states English must be used in these courts. The Court was reviewing a Writ Petition that requested permission for Hindi to be used in legal proceedings. The petition contested Article 348(1) of the Constitution, which specifies that “all proceedings in the Supreme Court and in every High Court… shall be in the English language.” A panel including Chief Justice Dr. D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra stated that the petition was “completely without merit.” The Chief Justice questioned the petitioner, Kishan Chand Jain, asking why only Hindi should be considered, pointing out that the Court serves people from all over India. He wondered if the Court should accommodate every language recognized by the Constitution.
The petitioner stated he was looking for “very limited relief” and “limited permission.” The Chief Justice of India then asked, “How can you challenge the validity of Article 348 of the Constitution? It is part of the original Constitution.” The petitioner tried to argue that the case was about fundamental rights and access to justice, but the Bench, not wanting to spend more time on it, dismissed the case. Article 348 includes a ‘notwithstanding clause’ that allows a State’s Governor to permit the use of Hindi or any other language for official purposes in the High Court located in that State, but this requires the President’s prior consent. Additionally, a proviso states that this clause does not apply to any judgments, decrees, or orders made by that High Court.
Cause Title: Kishan Chand Jain v. Union of India [W.P.(C) No. 701/2024 PIL-W]