Language of Justice

Context: The Haryana government's move to compulsorily mandate the use of Hindi in subordinate courts and tribunals across the state may result in counterproductive and delayed results.

Relevance of English in Indian legal system:

• Institutional inheritance: English language as an inextricable foundation of our legal system.
• Constitutional provisions (Article 348): proceedings (Also text of all acts, orders, rules, and regulations) in the High courts and the Supreme Court to be conducted in English.
• Legal interpretation of laws: English is critical to the interpretation and application of laws.

• Major laws, judicial precedents, commentaries, and other legal resources are all available in English only.

Concerns in making Hindi compulsory for judicial proceedings:

• Counterproductive results: Colloquial convenience with the technical exactitude required for the application of the law is in English.
• English as the default medium of instruction: 

• As prescribed by the Bar Council of India’s Rules of Legal Education for all law courses.
• Haryana’s State Judicial Examination conducted in English, with Hindi being a separate paper. 

• Absence of sustained efforts: to develop and enrich Hindi for such purpose.
• Takes time: for lawyers and judges to effectively re-equip themselves.

• Justice B N Srikrishna remark: at least two generations of lawyers need to be trained in Hindi to use Hindi in legal proceedings.

Way Forward: It is nevertheless ideal for justice delivery system to work in common tongue through:

• Gradual adoption of Hindi as an official language by all the stakeholders rather than an abrupt imposition of government choices.

• For E.g. Supreme Court’s move to make its judgments available in regional languages. 

• Sustainable, just, and efficient manner: to change the attitudes of systems and institutions.