Chennai: The first bench of the Madras High Court will on Monday hear a petition challenging the constitutional validity of a 1965 decision of the Union Cabinet Committee that English should continue as the common language for the Supreme Court and all High Courts in the country until it could be replaced with Hindi.
The petition, filed as a public interest litigation by the Madras High Court Advocates Association (MHAA), argued the restriction imposed on the use of regional languages in High Courts violates Articles 14 (Right to Equality), 19 (Right to Freedom of Speech and Expression) and 21 (Right to Life) of the Constitution. The petitioner-association claimed it learnt about the 61-year-old Cabinet decision only last year after an advocate obtained details under the Right to Information (RTI) Act.
The petition will be heard by a Bench comprising the Chief Justice and Justice G. Arul Murugan.
Foundation Welcomes Challenge To Cabinet Decision
Meanwhile, the Mother Tongue First Foundation (MTFF) has welcomed the decision of the MHAA to challenge the constitutional validity of the Cabinet decision.
“For a citizen whose home, livelihood or liberty is at stake, understanding the hearing matters. A litigant who cannot follow what is being argued may struggle to correct a factual mistake, instruct counsel or understand the choices affecting the case,” the Foundation said on Sunday.
It pointed out the Tamil Nadu Legislative Assembly had in December 2006 unanimously passed a resolution seeking the use of Tamil in judicial proceedings before the Madras High Court and the Supreme Court. It renewed the demand on September 3 this year.
Constitutional Provisions Allow Regional Languages
“The Constitution already provides a mechanism. Article 348(2) permits a Governor, with the President’s previous consent, to authorise a State’s official language in High Court proceedings. Section 7 of the Official Languages Act, 1963, separately allows the authorised use of Hindi or the State’s official language in judgments, decrees and orders alongside English, with an authorised English translation,” the Foundation said.
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“This is not an issue confined to Tamil. Union Government replies acknowledge proposals from Tamil Nadu for Tamil, Gujarat for Gujarati, West Bengal for Bengali, Karnataka for Kannada and Chhattisgarh for Hindi. Karnataka’s official Assembly review records a unanimous resolution on 28 July 2014. Tamil Nadu’s two resolutions and Karnataka’s resolution demonstrate that the demand has reached elected legislatures as well as courtrooms,” it said, pointing out Hindi is already authorised in High Court proceedings in Rajasthan, Uttar Pradesh, Madhya Pradesh and Bihar.
