hindi as language of law, constitutional debacle

8/14/2019 hindi as language of law, constitutional debacle

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OFFICIAL LANGUAGE CONSTITUTIONAL DEBACLE

Constitutional mandate:

PART XVII of the Constitution of India deals with Official Language. In the said Part

Articles 343 and 344 deals with Language of the Union, Articles 345 to 347 with

Regional Languages, Articles 348 and 349 with Language of the Supreme Court, High

Court and for Acts, Bills Etc. and Articles 350 to 351 with special Directives with regard

to usage of language and for the development of Hindi. Apart from Part XVII, Articles

120 and 210 of the Constitution also deals with languages to be used in Parliament and

State Legislatures.

Article 343(1) of the Constitution categorically declares that the official language of the

Union shall be Hindi in Devanagari script. The form of numerals to be used for the

official purposes of the Union shall be the international form of Indian numerals. The

said provision is categorical and unambiguous. However as a transitory measure Article

343(2) and (3) provides for usage of English for a period of fifteen years and even during

the said period, the president may, authorise the use of the Hindi language in addition to

the English language and of the Devanagari form of numerals in addition to theinternational form of Indian numerals for any of the official purposes of the Union .As

per Article 343(3), after the said period of fifteen years, Parliament may by law provide

for the use of the English language and the Devanagari form of numerals, for such

purposes as may be specified in the law.The above Article does not give choice but to use

Hindi as Official Language of the Union after fifteen years from the commencement of

the Constitution.

There is no provision in the Constitution, which declares English as Official Language,

transitory or otherwise. Article 343(2) simply says that for a period of fifteen years,

English language shall continue to be used for all the official purposes of the Union for

which it was being used immediately before such commencement. It is not even said in

the above said Article that English language shall be the Official Language for fifteen

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years. Further as per Article 343(3)(a), after fifteen years Parliament may by law provide

for the use of English language. Here also English language is not referred as Official

Language, to be continued as such. It means while using Hindi as Official Language,

after fifteen years, Parliament can provide for the use of English for purposed specified,

not necessarily for all purposes for which Hindi Language is to be used. The use of the

words for such purposes as may be specified in the law itself makes it clear that

English is not Official Language of the Union and it cannot be used after fifteen years

except on passing law by the Parliament and for the purpose specified in such law. Non-

use of Hindi as Official Language of the Union and continuous use of English language

for all purposes of Union is clear violation of the Constitution.

Article 343 declares that the official language of the Union shall be Hindi in Devanagariscript. The Union includes the Union Judiciary i.e. Supreme Court of India. Part V of the

Constitution deals with The Union and it includes The Union judiciary dealt under

Chapter IV of the said Part. Thus what applies for the Union Executive and Legislature

with regard to Official Language Hindi applies to Union Judiciary also. Thus for

Supreme Court also the Official Language is Hindi and there is no ambiguity in it.

There is again Article 348, a transitory provision and it states:

Language to be used in the Supreme Court and in the High Courts and for Acts, Bills,etc.- (1) Notwithstanding anything in the foregoing provisions of this Part, until

Parliament by law otherwise provides-

(a) all proceedings in the Supreme Court and in every High Court,(b) the authoritative texts-

(i) of all Bills to be introduced or amendments thereto to be moved in either House of

Parliament or in the House or either House of the Legislature of a State,(ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances

promulgated by the President or the Governor of a State, and

(iii) of all orders, rules, regulations and bye- laws issued under this Constitution or under

any law made by Parliament or the Legislature of a State,shall be in the English language

Having made Hindi in Devanagari script as Official Language of the Union, which

includes Union judiciary by Article 343, the inclusion of Article 348 which applies to all

proceedings of the Supreme Court and High courts and also to all legislative and

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subordinate legislative acts of Union and State legislatures, requires construction in view

of apparent contradiction between the said Articles 343 and 348.

Article 343 on the one hand unambiguously declares Hindi as official language and for a

period of fifteen years only English language can be used and Article 348 on the other

hand states that the proceedings Supreme Court and the authoritative Bills, Acts of

Parliament and all orders of Union shall be in English for indefinite period, till

Parliament makes law. There is apparent overriding/destructive effect of Article 343 by

Article 348. Again there is one more Article 120 deals with the subject.

Article 120 states that:. Language to be used in Parliament.

Notwithstanding anything in Part XVII, but subject to the provisions of article 348, business in Parliament shall be transacted in Hindi or in English:

Provided that the Chairman of the Council of States or Speaker of the House of the

People, or person acting as such, as the case may be, may permit any member who cannot

adequately express himself in Hindi or in English to address the House in his mother-tongue.

(2) Unless Parliament by law otherwise provides, this article shall, after the expiration ofa period of fifteen years from the commencement of this Constitution, have effect as if

the words "or in English" were omitted there from.

Article 120 is subject to Article 348. This Article 120(1) states that the business in

Parliament shall be transacted in Hindi or in English. Here the word used is or. More

importantly it is stated at Article 120(2) that, the words or in English stands omitted

automatically, from Article 120(1), after fifteen years, unless Parliament by law

otherwise provides. It means after fifteen years the business in Parliament shall be only in

Hindi, unless Parliament, by law provides to continue the words or in English in Article

120(1).

Law by Parliament:

In Articles 120(2), 343 and 348, the language used, is Unless Parliament by law

otherwise provides, Parliament may by law provide, until Parliament by law otherwise

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provides respectively. Now that Parliament enacted the Official language Act, 1963.

Section 3 of the said Act deals Crux of the issue.

Sub-Section (1) of the said Section 3, states :

(1) Nothwithstanding the expiration of the period of fifteen years from the

commencement of the Constitution, the English language may, as from the appointed

day, continue to be used in addition to Hindi,

(a) for all the official purposes of the Union for which it was being used immediately

before that day; and

(b) for the transaction of business in Parliament:

Provided that the English language shall be used for purposes of communication between

the Union and a State which has not adopted Hindi as its Official Language:

Provided further that where Hindi is used for purposes of communication between oneState which has adopted Hindi as its official language and another State which has not

adopted Hindi as its Official Language, such communication in Hindi shall be

accompanied by a translation of the same in the English language:

Provided also that nothing in this sub-section shall be construed as preventing a State

which has not adopted Hindi as its official language from using Hindi for purposes of

communication with the Union or with a State which has adopted Hindi as its officiallanguage, or by agreement with any other State, and in such a case, it shall not be

obligatory to use the English language for purposes of communication with that State.

As per the said Section the English language may, as from the appointed day, continue

to be used in addition to Hindi for all the official purposed of the union and for the

transaction of business in Parliament. Here again the word Union is used, which

naturally includes Union Judiciary. Further it says that English language may continue

to be used in addition to Hindi. It simply means, English at its option can continue to be

used in addition to Hindi by the Union. Use of Hindi is compulsory and use of English, in

addition to it is optional. The said Section conveys no other meaning. Since this is the law

provided by Parliament, and as Article 348 can survive only until Parliament by law

otherwise provides, it ceases to have any effect and factually stands ceases to exist. As

stated as it applies to the Union and Union Judiciary is being part of the Union, from 26th

day of January 1965, Supreme Court must have its proceedings in Hindi and may, in

addition to Hindi, not instead of Hindi, can have English.

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Presidential Orders for use of Hindi by Supreme Court:

Apart from the above, President of India, exercising powers under Section 4(4) of

Official languages Act, 1963, passed orders dt. 24 November, 1998 (copy Appended

below), inter-alia making Hindi text as original and naturally for the matters relating to

Acts, Bills etc., after the said order, the above said judgements of the Supreme Court will

not apply.

With regard to use of Hindi in the Supreme Court, the above said Order states:

4. Compliance of official Language Policy in the Office of the Registrar General,

Supreme Court.

Recommendation No.12Office of the Registrar General, Supreme Court should comply with the provisions

regarding Official Language Policy of the Union of India in its administrative work.Basic infrastructure for doing work in Hindi should be set up and officers and employees

should be given incentives for this purpose.

The recommendation has been found worthy of acceptance. Ministry of Law,

Justice and Company Affairs may in consultation with the Supreme Court, consider

preparing a feasible work-plan for introducing an Official Language Policy in a

phased manner in the internal administrative working of the Supreme Court and

may consider implementing the same.

5. Use of language in judgements of the Supreme Court.

Recommendation No.13

The use of Hindi simultaneously with English should be authorised in the Supreme Court.

Every judgement should be made available in both the languages. The judgement can bedelivered by the Supreme Court in Hindi or English. This may be done in such a mannerthat a judgement, if delivered in Hindi, should be translated in English and if the

judgement is delivered in English, the same should be translated in Hindi.

This recommendation has been found worthy of acceptance. In the context of this

recommendation, Ministry of Law, Justice and Company Affairs may, in

consultation with the Supreme Court, assess the additional arrangements and

resources and financial outlays, necessary for accepting the recommendation. In

tandem, a long term action plan may be prepared and considered for

implementation.

6. Use of Hindi in the administrative work by the Judges of the Supreme Court/High

Courts.Recommendation No.14

A scheme should be initiated to encourage judges and other officers of the Supreme

Court and various High Courts for use of Hindi in their administrative and judicial work.Seminars, workshops, refresher courses, training programmes etc. should be organised

for this purpose.

This recommendation is accepted to the extent that the recommendation may be

forwarded to concerned State Governments for necessary consideration and action

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in the context of the High Courts located in Region A. In the context of other High

Courts and the Supreme Court, the concerned State Government and the Ministry

of Law, Justice and Company Affairs should consider taking action in this regard at

an appropriate time.

Recommendation 13 and its acceptance is note worthy in the context of use of Hindi by

the Supreme Court in its proceedings. In spite of such clear law laid by the Parliament

and as per Section 4(4), the orders passed by the President of India , it is surprising as

why the matter is brought to square one and reference is made to Law Commission for its

recommendations, and such reference to a settled issue unwarranted and not legal and it

should be ignored.

This being the legal position, there is blatant violation of the Constitutional mandate byno less than Union Judiciary. In spite of such clear position, surprisingly, there is talk

that, unless Constitution is amended, Hindi cannot be made language of Union Judiciary!

The issue also has be discussed in another angle. The issue is how to fit in Articles 343

and 120 vis--vis Article 348 . The word shall used in Article 348 has to be read as

may, other wise the said Article is destructive of the other provisions Part XVII of the

Constitution. There cannot be such deception with in the Constitutional framework. In

which case its meaning is that after fifteen years Hindi shall be used and also English

may also be used till Parliament makes law for non use of English completely. Article

120(2) goes to the extent that after fifteen years, the words or in English used in Article

120(1) deemed to have been omitted. Such is the thrust and un-ambiguity for the use of

Hindi in the Constitution. This is the only possible construction of provisions of the

Constitution dealing with Language of the Union. Thus the Constitutional mandate is that

Hindi shall be used after fifteen years by all wings of the Union consisting of Parliament,

Executive and Judiciary along with and in addition to Hindi, English also could be used if

Parliament makes a Law. But it is irony that those who swore to uphold Constitution are

acting blatantly contra! The argument advanced is that Hindi cannot be used even after

fifteen years; with out amendment to the Constitution and till such time English should

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continue, is mind baffling.. If the Union, including Union judiciary, blatantly disregards

the Constitutional mandate, who else can implement Constitution of India.

Union Judiciary should have switched over to Hindi on the expiry of fifteen years i.e. by

26th January 1965, as per Constitutional mandate. Instead the Honourable Supreme Court

of India continues its proceedings in English, not even in addition to Hindi, but in

exclusion to Hindi- thus Constitution of India is betrayed.

Law commission spokes:

Adding insult to the Constitution it is debated as to whether to have Constitutional

amendment to switch over to Hindi by the Supreme Court. If the Constitution does not

enjoin for Hindi, English can continue and none can find fault with the use of English by

the Supreme Court. But the Constitution and the law made by Parliament, as per

Constitutional provision, did enjoin for use of Hindi, after fifteen years of the

Constitution, for the Union, which includes Union Judiciary I.e Supreme Court of India.

The Law Commission received a reference from Govt. of India, the Department of Legal

Affairs, Ministry of Law & Justice along with a copy of the recommendations of the

Committee of Parliament on Official Language to obtain the views of the Law

Commission of India. As per the recommendations of the said Committee Report, it is

envisaged that Article 348 of the Constitution may be amended to enable the Legislative

Department to undertake original drafting in Hindi. After the amendment of Article 348

of the Constitution, High Courts/Supreme Court should be asked to start delivering their

judgments and decrees etc. in Hindi so that large number of Government Departments,

who are carrying out judicial/ quasi-judicial functions, could be able to deliver orders in

Hindi. At present, these departments are unable to pass orders in Hindi, because the

appeal against their orders in High Courts/Supreme Court would have to be conducted in

English. In view of the legal position under the Constitution and as per law of Parliament,

no such amendment is required, as discussed above.

However Law Commission of India submitted its Report No. 216 dated 14 th September

2008 on NON-FEASIBILITY OF INTRODUCTION OF HINDI AS COMPULSORY

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LANGUAGE IN THE SUPREME COURT OF INDIA to the Honourable Minister for

Law & Justice, Government of India and it said

The Commission has deeply gone into the views so obtained and has unanimously

recommended that

i) Language is a highly emotional issue for the citizens of any nation. It has a great

unifying force and is a powerful instrument for national integration. No language shouldbe thrust on any section of the people against their will since it is likely to become

counterproductive.

ii) It is not merely a vehicle of thought and expression, but for Judges at the higher level,it is an integral part of their decision-making process. Judges have to hear and understand

the submissions of both the sides, apply the law to adjust equities. Arguments are

generally made in higher courts in English and the basic literature under the Indian

system is primarily based on English and American textbooks and case laws. Thus,Judges at the higher level should be left free to evolve their own pattern of delivering

judgments.

iii) It is particularly important to note that in view of the national transfer policy in

respect of the High Court Judges, if any such Judge is compelled to deliver judgments in

a language with which he is not well versed, it might become extremely difficult for himto work judicially. On transfer from one part of the country to another, a High Court

Judge is not expected to learn a new language at his age and to apply the same in

delivering judgments.

iv) At any rate no language should be thrust upon the Judges of the higher judiciary and

they should be left free to deliver their judgments in the language they prefer. It isimportant to remember that every citizen, every Court has the right to understand the law

laid down finally by the Apex Court and at present one should appreciate that such a

language is only English.

v) The use of English language also facilitates the movement of lawyers from High

Courts to the Apex Court since they are not confronted with any linguistic problems and

English remains the language at both the levels. Any survey of the society in general orits cross-sections will clearly substantiate the above proposition which does not admit of

much debate, particularly in the present political, social and economic scenario.

vi) It may, however, be admitted that in so far as legislative drafting is concerned, every

legislation although authoritatively enacted in English may have a Hindi authoritative

translation along with the same at the central level. Same analogy may be applied even inrespect of executive actions at the central level, but the higher judiciary should not be

subjected to any kind of even persuasive change in the present societal context. Any

way, on receipt of such Report, Law Commission says that they have addressed letters to

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the Judges, Senor Advocates, Bar Associations and responses are received from the

following viz:

Judges

(1) Honble Mr. Justice Y.V. Chandrachud, Former Chief Justice of

India.(2) Honble Mr. Justice S. Natarajan

(3) Honble Mr. Justice K.T. Thomas

(4) Honble Mr. Justice V.R. Krishna Iyer(5) Honble Mr. Justice B.N. Srikrishna

(6) Honble Mr. Justice M.N. Venkatachaliah

(7) Honble Mr. Justice K. Jagannatha Shetty

(8) Honble Mr. Justice B.P. Jeevan Reddy(9) Honble Mr. Justice A.M. Ahmadi

(10) Honble Mr. Justice N. Santosh Hegde

(11) Honble Mr. Justice SSM Quadri

(12) Honble Mr. Justice K.S. Paripoornan(13) Dr. Justice V.S. Malimath

Senior Advocates(1) Mr. P.P. Rao

(2) Mr. T.L. Viswanatha Iyer

(3) Mr. Vijay Hansaria

(4) Mr. K.K. Venugopal(5) Mr. Aravind Datar

(6) Mr. C. Lakshmi Narayanan

(7) Dr. R.G. Padia(8) Mr. T.P. Kelu Nambiar

High Court Advocates Associations

(1) A.P. High Court Advocates Association

(2) Kerala High Court Advocates Association(3) Bar Council of Tamil Nadu and Puducherry

President, Bar Association of India

Mr. Fali S. Nariman The Bar Association of India

A glance at the above names, shows that the reference is not spread geographically or

professionally, across the country,. Why not the reference is geographically spread.

Further why only people of Law profession is selected and not of various avocations. The

matter is concerned with effective dispensation of justice and the language used for the

same. The whole of judicial system is for the people and not for the judges or who live on

the profession. On this count itself the Report of Law Commission is bad and biased.

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Factual matrix:.

Hindi is language of more than 40% people of India, and considerable number of the rest

of the non-Hindi area people knows Hindi. All Indian languages are sister

languages/dialects It is known fact that that there are more than 40% common words in

almost all Indian languages. It makes Hindi homely even to non-Hindi common man of

India. Law and Judiciary are not for the benefit of elite English legal professional. It is for

the benefit of the people at large. System is for the people and not vice. System should be

equipped for the benefit of people.. Judiciary is not created to benefit legal professionals

and for their convenience. It is to dispense justice for the people of India. Legal

professional, including Judiciary at highest level should strain to equip Hindi and show

example to the others to emulate.

Law Commission of India had strongly come in defense of English. Law Commission

talks of difficulty of judges only and not of people. For Indians as a whole, the whole of

judicial proceedings in English has reached ridiculous proportions and they are aghast.

People are made dumb and deaf and helpless at the judicial proceedings, They cannot

explain facts, cannot understand laws, appreciate or criticise the same as they are not in

the understandable language of the people. People could only be passive spectators.

English in England answers:

Answer to the Advocates of English as language of law lies in the classic example of

English experience it self. When Anglo, Saxon, Jutes tribes invaded sporadically the then

Briton, in course of time they annihilated native Celts and every thing of them including

their languages. As time passes these tribes slowly developed English by picking bits and

peaces, from Latin, Greek, French, Scottish, Norse and several other languages. By about

1000 AD English became language of masses (invader occupants) of Briton. Then came

Norman Conquest of 1066 of England. C. L. Barber, celebrated English writer, in his

Book, The Story of Language at page 151, writes as to what happened for English:

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These (English) people did not need William Normandy and his adventurers to bring

them civilisation. French became the language of upper classes in England, not because

of any cultural superiority in the conquerors, but simply because they were conquerors,and spoke French. What happened, in fact, was that the native aristocracy were very

largely destroyed, and their lands were distributed by Williams Norman followers, who

became the new ruling class. Many key positions, such as bishoprics and abbacies, werealso given to Normans in the years following the Conquest, so that the Church and

education were dominated by them. French, therefore, was the language of the upper

classes and the court, and it remained so for a full two centuries. So any body whosenative tongue was English, and who wanted to get on in the world, would have to learn

French, and many many people did so. The following comment on the situation was

made in the late thirteenth century in a long history of England written in verse, usually

known as the chronicle of Robert of Gloucester:

(Author C. L. Barbers own translation from old English to modern English)

Thus came, lo, England into Normandys hand: and the Normans then knew how to

speak only their own language, and spoke French as they did at home, and also had theirchildren taught (it), so that nobleman of this land, that come of their stock, all keep to the

same speech that they received from them; for unless a man knows French, people make

little account of him, but low men keep to English, and to their own language still. I think

that in the whole world there are no countries that do not keep to their own language,except England alone. But people know well that it is good to master both, because the

more a man knows the more honored he is

At page 156: In the thirteenth century, French was still being spoken at the English

court, and literature was being written in French for the nobility of England; but it is in

his century that sees the tipping of the balance away from French and back to English.Although French was for a long time the prestige language in England, it was never the

mother tongue of the majority of the population; a considerable number of Normans

settled in England after the Conquest, but they never outnumbered the English the waythe Anglo-Saxon settlers had outnumbered the Britons; and ultimately French died out in

England.

.

National feeling was beginning to arise in England, as in other countries of westernEurope, and this must have railed the prestige of the English languageIn 1362 the

kings speech at the opening of Parliament was made in English the official language of

the law courts instead French, though their records were to be kept in Latin

Excuses for English:The above speaks volumes. No further elucidation is required to make Hindi official

language of India and to implement Constitutional dictum. Lame excuses by English

proponents are not only un-Constitutional but also unjust and does immense harm to the

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people, more so to the down trodden common man. Any way there are three major

arguments for English.

First one is that India is of several languages and it is difficult to choose any one

language as official language of nation Constitution of India and makers of the

Constitution had already answered the question and choosen Hindi as official language.

Constitutional bodies cannot raise this issue as they are under oath to protect and

implement Constitution. Further India, unlike other countries is having family of one

language. 40 to 50 percent of the terminology is common in all Indian languages. Indian

feels homely with all other Indian languages, since same pushpa, pavitra, mutra words are

used in all Indian languages. Just like geographical variation in the same language, the

difference between one language to the other Indian language. In fact calling that India isof several languages is the injustice and self-denial policy adopted by Indians, falling

prey to Englishmans divide and rule policy. The fact is that all the languages of India

belongs to one family. Just like in one family there will be old, youth and children, but all

constitute one family, similar is the situation of Indian language family. Whether Tamil

is ancient or Telugu is classical and more ancient, than Samskritam is a duel amongst

Indian languages and it is a healthy duel among languages of high stature and family.

Like banyan tree, all branches (Languages) are of antiquity and grown to greater depths,

it makes difficult or even impossible to say which is mother trunk and which is branch

trunk, but the fact is that all are of same phonetic structure, rhyme, sequential letters etc.

and older than all known languages of the world. Constitutional framers has rightly

chosen, Hindi, a language directly spoken by more than 40% people of India, and since

there are 40 to 50 percent common words in all languages. Hence the argument that India

is of several languages is half truth and blasphemy, should be rejected and the fact of the

matter is that India is of one language family.

Second is a) South India opposition and b) others language cannot be rubbed on the

India as a whole. It is a fact that in South India several people opposed implementation of

Hindi, when Constitution was completing 15 years of age. The result, English is imposed.

It is like, in the fight between agnates, third empire, an alien, is brought, who swallowed

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both. Today the fact of the matter is Tamil, Telugu and all other Indian languages are

dying languages, and it is born out by the fact that in TV discussions of regional

channels, panel discussions are made under the same caption. In fact, in one Telugu TV

channel there was panel discussion, on the topic whether Telugu is a dying language.

When all others were echoing that it is a dying language, one of the panelists observed

that Telugu would not die as long as there are considerable number of illiterates and semi

illiterates. It is a fact and it gives wakeup call. Opposing to Hindi is a suicidal policy and

the causality is Tamil, Telugu and all other great Indian languages. Hindi is not foreign

(others) language like English. All the features of Hindi, unlike English are same or

similar to Tamil, Telugu and all other Indian languages. With Hindi, all Indian languages

will flourish, and vice-versa. English eats into Tamil, Telugu and all other regional

languages and makes them sick ultimately would result in natural death. Where as with

Hindi, Tamil, Telugu and all other Indian languages will flourish, as they are

supplementary and complementary to each other and gets strengthened further and

further. This is apart from doing justice to the people of India. Triumph of regional

languages will be triumph of Hindi and vice-versa.

Third factor to be noted is that English has international stature. There were several

languages which were used for international communication. Latin and Greek had their

hey days. When nation becomes stronger their language rules the day. Our Nation has a

strong position for the same. We are a nation of one-fifth population. If we have one

common language like Hindi for the Union as our Constitutional fore fathers have

decided, we can command for the same at international level. More over it is told that

being phonetics and does not require special effort for spelling and pronunciation like

English, all Indian languages are tech friendly. Above all large Indian NRI continent can

contribute to make Hindi as language of international community. Only thing is we

should come out of defeatist and inferiority complex, injected by the Englishman. We

look for the justice for our people and not to sacrifice their interest with false prestige,

for the benefit of smaller section. Even in advanced and powerful countries like France,

Japan, China etc. their official languages are their native language and possibly in no

other country in the whole of the world this animosity to native languages and affinity to

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foreign languages, prevails. In fact the continuance of English language justifies the long

advocated justification of English people to rule India, that to civilized the uncivilised

and superiority of every thing of English. Consequently it makes the whole lot of

freedom struggle meaningless and mockery.

Plea:

Hindi is the official language of India. English is to continue for fifteen years. Now that

Constitution has completed 59 years and we are where we were in 1950. Let highest

Judiciary set example, to emulate by others in following, implementing and protecting the

Constitution of India and there by giving sanctity to the oath taken. A small group of

Judges and of legal fraternity can bear the inconvenience, if any at all; it will do immense

good to the nation as whole. Similarly all High Courts and lower judiciary should have its

proceedings in State official language. Constitution of India, enjoins that.

In Tamilnadu there is genuine and rightful demand for use of Tamil in the Madras High

Court proceedings and it should be conceded, similarly at national level Supreme Court

should switch over to Hindi, in tune with Constitutional mandate

In view of the above it is most respectably prayed that the Honourable Supreme Court,forthwith, may have its proceedings both administrative and judicial, in Hindi, Official

Language of the Union and render justice

M. Sundara Rami Reddy

16/850, Shriramnagar Colony

Srikalahasti, Chittoor Dt,

A.P.- Pin: 517 644

Email: [email protected]

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Appendix:

No.I/20012/4/92-O.L.(Policy-1)Government of India Ministry of Home Affairs

Department of Official Language

*****

Lok Nayak Bhavan, Khan Market,

New Delhi-110 003. Date:- 24 November, 1998.

R E S O L U T I O NThe Committee of Parliament on Official Language was constituted under

Section 4(1) of the Official Languages Act, 1963. The Committee submitted

fifth part of its Report, relating to language(s) of the legislation andlanguages to be used in various courts and tribunals to the President . In

accordance with Section 4(3) of the Official Languages Act, 1963, the

Report was laid on the table of Lok Sabha and on the table of Rajya Sabha.

Copies of the Report were sent to all the Ministries/Departments of

Government of India and to all States /Union Territories. After considering

the views expressed by the State/Union Territory Governments and various

Ministries/Departments/Institutions besides the Supreme Court of India and

the legal position and practical possibilities, decision has been taken to

accept some recommendations of the Committee in their original form, some

in principle, some partially, while some have been found acceptable andsome others have not been accepted. Accordingly, the undersigned is

directed to convey the Orders of the President made under Section 4(4) of

the Official Languages Act, 1963 on the recommendations made in the

Report of the Committee, as follows:-

(1) Strengthening of the Department of OfficialLanguage and monitoring the implementation of theOfficial Language Policy.Recommendation No.1

Action should be taken urgently by reorganising the Department of OfficialLanguage of the Ministry of Home Affairs and giving it the status of a full-

fledged Ministry in order to make it more strong and competent.

It may not be pragmatic to give the Department ofOfficial Language the status of a full-fledged Ministryin view of the work allocated to it at present.Recommendation No.2

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A Division should be set up in the Department of Official Language

immediately for monitoring the follow-up action and ensuring

implementation of the Presidential Orders on the recommendations of this

Committee.

This recommendation of the Committee has beenaccepted in principle. The Department of OfficialLanguage shall formulate and take up the proposalwith the Department of Expenditure for strengtheningof its implementation set-up including the RegionalImplementation Offices and ensure action thereon.Recommendation No.3

In other Ministries/Departments and in their related offices,

undertakings, institutions etc. also, action to create posts required for

monitoring, implementation and translation arrangements for compliance of

official language policy and to implement orders of the President on therecommendations of this Committee, and, action for making appointments

on these posts should be taken without delay.

This recommendation of the Committee has beenaccepted. The Department of Official Language shallrequest all the Ministries/Departments to takenecessary action.Recommendation No.4

In accordance with the recommendations made in para 41.21 of Part-IV of

the Report of this Committee, the Committee should monitor the complianceof the Presidential Orders made on the recommendations of the Committee

until the Department of Official Language is given the status of a full-

fledged Ministry.

The Department of Official Language may monitorthe compliance of the Presidential Orders made onthe recommendations of the Committee. For thispurpose, the Department should be suitablystrengthened.Recommendation No.5

Stringent action may be taken against those officers who in spite of beingproficient in Hindi are violating Presidential Orders.

The Department of Official Language may issuedirections to all the Ministries/Departments that theyshould motivate and encourage their senior officers,especially Deputy Secretaries and officers of

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of the State or in Hindi, the Union Government should provide assistance for

Hindi translation of the Acts of State Governments or grant financial

assistance to non-Hindi speaking States for this purpose.

For preparing Hindi version of legislative draft, theState Governments located in non-Hindi speakingregions may consider formulating trainingprogrammes for their employees and the LegislativeDepartment of the Central Government may formulatea project to provide financial assistance for suchtraining.Recommendation No.10

Legislative Department of the Government of India should make adequate

arrangements for imparting training to its draftsmen to enable them to draft

Bills etc. originally in Hindi. For this purpose, it is necessary that a separate

Department is set up for doing legal work in Hindi. In order to attractefficient and experienced persons, the draftsmen of Hindi and other Indian

languages should be inducted in the Indian Legal Service as a separate body.

This recommendation is accepted to the extent thatLegislative Department of the Government of Indiashould make arrangements for imparting training tolegal experts/draftsmen for drafting legal materialoriginally in Hindi.3. Compliance of Official Language Policy of the Union

by Lok Sabha and Rajya Sabha Secretariats.Recommendation No.11The position regarding action on administrative matters relating to service

conditions of the employees of the Lok Sabha and Rajya Sabha Secretariats

is similar to that of any Central Government Office. Therefore, these

Secretariats should also prepare their annual programmes for progressive use

of Hindi in their day-to-day work on the pattern of annual programme issued

by the Department of Official Language, Government of India and should

set up their own mechanism for monitoring the implementation thereof.

This recommendation of the Committee has been

found acceptable. The Speaker of the Lok Sabha andthe Chairman of the Rajya Sabha are requested toconsider this recommendation for implementation.4. Compliance of official Language Policy in the Officeof the Registrar General, Supreme Court.Recommendation No.12

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Office of the Registrar General, Supreme Court should comply with the

provisions regarding Official Language Policy of the Union of India in its

administrative work. Basic infrastructure for doing work in Hindi should be

set up and officers and employees should be given incentives for this

purpose.

The recommendation has been found worthy ofacceptance. Ministry of Law, Justice and CompanyAffairs may in consultation with the Supreme Court,consider preparing a feasible work-plan forintroducing an Official Language Policy in a phasedmanner in the internal administrative working of theSupreme Court and may consider implementing thesame.5. Use of language in judgements of the Supreme

Court.Recommendation No.13

The use of Hindi simultaneously with English should be authorised in the

Supreme Court. Every judgement should be made available in both the

languages. The judgement can be delivered by the Supreme Court in Hindi

or English. This may be done in such a manner that a judgement, if delivered

in Hindi, should be translated in English and if the judgement is delivered in

English, the same should be translated in Hindi.

This recommendation has been found worthy of

acceptance. In the context of this recommendation,Ministry of Law, Justice and Company Affairs may, inconsultation with the Supreme Court, assess theadditional arrangements and resources and financialoutlays, necessary for accepting the recommendation.In tandem, a long term action plan may be preparedand considered for implementation.6. Use of Hindi in the administrative work by theJudges of the Supreme Court/High Courts.Recommendation No.14

A scheme should be initiated to encourage judges and other officers of theSupreme Court and various High Courts for use of Hindi in their

administrative and judicial work. Seminars, workshops, refresher courses,

training programmes etc. should be organised for this purpose.

This recommendation is accepted to the extent thatthe recommendation may be forwarded to concerned

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State Governments for necessary consideration andaction in the context of the High Courts located inRegion A. In the context of other High Courts andthe Supreme Court, the concerned State Government

and the Ministry of Law, Justice and Company Affairsshould consider taking action in this regard at anappropriate time.Recommendation No.15 An institution or organisation should be set up to

impart training for the use of Hindi language in the field of law namely,

legislation, judicial functioning and teaching of law to the officers of

judiciary, lawyers and law teachers.

This recommendation is accepted in principle. TheLegislative Department of Government of India maytake appropriate initiative in this regard.

7. Use of languages in the judgements/proceedings ofHigh Courts.Recommendation No.16

The official language of the concerned State or Hindi should be used in the

judgements, decrees and orders of High Courts. But arrangements should

also be made so that the authoritative translation of each judgement is made

available in both the languages. As long as English continues to be in vogue,

arrangements for providing their authoritative translation in English may be

made. However, the proceedings of the High Courts may be conducted in

the official language of the States or in Hindi or in English.For the purpose of this recommendation, the presentpolicy to act within the frame-work of the availableprovisions of the Constitution and the OfficialLanguages Act, 1963, is adequate.Recommendation No.17

For providing authoritative Hindi translation of judgements delivered in the

Official Language of the concerned State, the Union Government may

provide special financial assistance to the concerned State Governments of

non-Hindi speaking States.

For making available authenticated Hindi translationof judgements delivered in the State OfficialLanguages of non-Hindi speaking States, theconcerned State Governments may themselves takeaction in this behalf by optimally utilizing their ownfinancial resources.

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8. Compliance of the Official Language Policy in theQuasi-Judicial Organisations, Administrative Tribunalsetc. of the Union.Recommendation No.18

The quasi-judicial organisations, administrative tribunals etc. of the Unionare the organs of the Central Government and are under the control of

Central Government. Therefore, like other Central Government Offices, they

should also do their official work in accordance with the Official Languages

Act, 1963 and the rules framed thereunder. Some of the rules of the quasi-

judicial bodies or all the Acts and Rules relating to them should be amended

immediately and a provision should be made therein for the use of Hindi, the

Official Language of the Union.

This recommendation has been found worthy ofacceptance. Every Ministry/Department should always

make the necessary provisions required for ensuringcompliance of Official Language Policy of the Union atthe time of establishing new quasi-judicialestablishments/bodies, administrative authorities etc.within its jurisdiction. Every Ministry/Department ofthe Government should also take steps for having thenecessary provisions in keeping with the officiallanguage policy in the quasi-judicial bodies etc.,existing under their control.

9. Education of Law through Hindi medium.Recommendation No.19All the Universities and other Institutions in the field of law should make

arrangements for imparting education in law at graduate and post-graduate

levels in Hindi in the whole country. Even at present, education in law is

being imparted in Hindi in many Universities which needs to be extended.

On this recommendation, the Department ofEducation may take necessary action in a phasedmanner.Recommendation No.20 The task of translating legal classics, available in

other languages, into Hindi, may be accelerated.This recommendation of the Committee has beenaccepted. The Department of legal Affairs should takenecessary steps in this regard.Recommendation No.21

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It is also necessary that all the reportable judgements of the Supreme Court

should be published in the journal of Department of Law after getting them

translated in Hindi. Likewise all the reportable judgements of various High

Courts, should also be published in as large a number as possible after

getting them translated into Hindi.

This recommendation of the Committee has beenaccepted in principle. The Legislative Departmentmay take steps necessary for initiating efforts in thisregard.Recommendation No.22

A library should be set up in Delhi in which maximum number of latest

books pertaining to law in various Indian Languages should be available.

This recommendation has been found worthy ofacceptance. The Ministry of Law, Justice and Company

Affairs may prepare a time-bound plan for setting upthe proposed library in consultation with theconcerned organisations and take action thereon.

(DEV SWARUP)JOINT SECRETARY TO THE GOVERNMENT OF INDIA

M. Sundara Rami Reddy

Shanthi TowersBlock V, 1 D

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88 Arcot Road

Vadapalani

Chennai 600 026E-mail [email protected]

ToThe Registrar

Supreme Court of India

Tilak MargNew Delhi 110 001

Honle Prime Minister

Government of India

Prime Ministers OfficeNew Delhi

The Member Secretary

Law Commission of India2nd Floor, The Indian Law Institute Builng.

(Opp. To Supreme Court)

Bhgwandass Road,New Delhi 100 001

Dr. Veerappa Moily

Honble Minister for Law & Justice4th Floor, A-Wing

Shastry Bhawan, New Delhi 110 011

Honble P. Chidambaram

Ministry of Home AffairsDept. of Official Languages

Lik Nayak Bhawan,Khan Market,

New Delhi 110 003

Honble L.K. Advani

Leader of Opposition, BJP Office11 Ashoka Road,

New Delhi 110 001

Honble Mulayam Singh Yadav

2, Krishna Menon Marg,

New Delhi 110 011

Honble Sharad Yadav

Janata Dal (U)

No.7, Jantar Mantar Road,New Delhi 100 001

Most Respected Sirs,

Sub: Request for proceedings before Supreme Court of India in Official Language-Reg

In view of the Constitutional mandate and Law made by Parliament, as per submissions

enclosed, I request to have proceedings before the Honourable Supreme Court of India in

the Official Language, Hindi, and render justice.

Yours faithfully

(M. Sundara Rami Reddy)

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hindi as language of law, constitutional debacle