Context: Recently, a division bench of the Gujarat High Court has asked to speak only in English as that was the language in the higher judiciary.

Languages in courts of India

• Hindi and English are the official languages of the Government of India.

Supreme Court

• As per Article 348, the Supreme Court of India uses “English” as its working language until the parliament by law specifically provides some other language.
• After the enactment of Article 349, the parliament has been restricted to enact any kind of provision regarding the change in language.

High Courts

• As per Article 348 (1), the language used in the High Courts shall be English.
• Article 348 (2) states that the governor can authorise the use of Hindi or any other language with the consent of the President for the proceedings of the High Court.
• As per further provisions, the judgments shall be pronounced in the English language only.
• In the case of judgments, orders or decree is passed in Hindi or any other language, it shall be accompanied with English translation of the same.

Subordinate Courts

• Section 272 of the Code of Criminal Procedure 1973, states that the State government shall determine the language of all courts other than the High Courts.
• Broadly, it means that the language used in the district courts shall be in the regional language as the state government directs.
• The state government has the power to invoke any language by promulgating an act if it feels necessary for the litigants.

Arguments against the use of English in district courts
Pleaders are not well versed in English

• Most of the pleaders practicing, along with staff and the courtroom clerks in the subordinate courts are not well acquainted with English as they are having their regional languages as their mother tongue.

Most often parties are acquainted with regional languages:

• The parties are not acquainted with English as they use their regional languages.
• In Southern Indian states, the parties are even not familiar with the Hindi language.
• The recording of evidence is also done in the regional language.

Article 19 (Freedom of speech and expression)

• The litigant has the fundamental right to understand and participate in the courtroom proceedings, under Article 19 and Article 21.
• The litigant has the right to speak in the language he/she understands before the magistrate.
• Similarly, “right to justice” is also recognised under Article 21 of the Constitution.
• The constitution has conferred the right to justice on the litigant which further encompasses that he shall have the right to understand the whole proceedings and the judgment delivered.

Inclusive system

• Subordinate courts are the place which is occupied by non-English speaking lawyers.
• The inclusive system where regional language is used provides such local lawyers to have their own identity and space.

Arguments in favour of use of English in district courts
Homogeneity

• In order to bring uniformity in the whole judicial system, English should be allowed to be used in the courts subordinate to the High courts in respective states.

Vernacular languages monopolies the system in vernacular courts

• The regional language creates a monopoly in the system hampering the right of lawyers from other states willing to settle and practice.
• The use of regional language in the subordinate courts shall deprive the candidates coming from outside the state to participate in the judicial service examination.