Language of the Judiciary in India

GS-II | Polity & Governance | Constitution | Judiciary | Official Language | Separation of Powers

 Why in News?

• On September 25, 2026, a Public Interest Litigation (PIL) was filed in the Supreme Court.
• Petition: The petitioner requested that the Union Government establish a commission to consider whether to adopt Hindi as the official language of the Supreme Court. The petitioner’s lawyer stated that this request was based upon constitutional provisions.
• However, the Bench, consisting of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohana, made the observation that some reforms related to language are being implemented gradually through administrative procedures.
• Constitutional Amendment: Justice V. Mohana said that in order for this type of relief to be given, there will have to be a constitutional amendment.
• The CJI stated that the court has begun providing short summaries of its reports in Hindi as a way to preserve the country’s linguistic diversity and respect regional languages. The CJI added that the court would continue to provide such summaries in other regional languages over time.

Constitutional Provisions Governing Judicial Language

• Article 348(1)(a): This article of the Constitution specifies that until Parliament passes legislation to change it, English will be used in all proceedings before the Supreme Court and each of the High Courts. As of now, Parliament has yet to enact such legislation to replace English.
• Article 348(2): The Governor of a State, after receiving prior consent from the President of India, has authority to allow the use of Hindi or any other regional language used for the official purpose of that State, in the proceedings of the High Court, as provided by Article 348(2).
• Provison to Article 348(2): This proviso to Article 348(2) states clearly that this authorization does not apply to judgments, decrees or orders made by the High Court.
• Section 7 of the Official Languages Act, 1963 provides an alternative method to provide judgments, orders, and decrees in Hindi or other languages that are officially recognized by the state, as long as there is an English translation available with the document.
• States Using Hindi: This provision allows the states of Rajasthan, Uttar Pradesh, Madhya Pradesh and Bihar to conduct proceedings in their respective High Courts using Hindi after they have obtained prior consent from the President and with the protection of all relevant constitutional and legal requirements.

Separation of Powers and Authority to Change Judicial Language

• The Division of Authority: The issue of who has the right under the Constitution to change the language policies will cause a conflict of authority among the Legislative Branch, Executive Branch, and Judicial Branch.
• Judicial Restrictions: In general, the judiciary has no power to order Parliament (through a writ of mandamus) to pass a specific piece of legislation, make changes to the Constitution, or create a committee for this purpose.
• Parliament’s Legislative Domain: The Parliament has a role to play with respect to such matters through its legislative function.

Common Language versus Linguistic Diversity

• Accessibility and Language Regime: The Court made a distinction between altering the language system used by the judiciary and making the judicial process more accessible in Indian languages.
• Common language in court cases: The Supreme Court acknowledges how important it is for all parties involved in a lawsuit to speak the same language.
• Madhu Limaye & Anr v. Ved Murti & Ors (1970) : In Madhu Limaye & Anr v. Ved Murti & Ors (1970), the Court stated that “the language of this Court is English.” The Court also determined that an intervener who wanted to speak to the Court in Hindi would not be able to do so because the members of the Bench were unable to understand his argument.

Technology and Accessibility

• SUVAS (Supreme Court Vidhik Anuvaad Software): SUVAS (Supreme Court Vidhik Anuvaad Software) is the Supreme Court’s own AI-based translation program which can translate judgments into 16 different languages.
• Linguistic Diversity and Consistency: This type of approach will be able to maintain respect for the diversity of languages and provide a level of consistency in the way that justice is administered.

Way Forward

• Accessible to All Indians: One potential approach for India would be to provide access to the court’s work in multiple Indian languages rather than replacing an existing language.
• Phased Language Reforms: The Chief Justice of India (CJI) stated that the court was currently providing short summaries of its reports in Hindi as a way to preserve India’s linguistic diversity and respect regional languages. The CJI further added that this program would be expanded to include other regional languages over time.
• AI-driven Translation: The Supreme Court of India has created a software called SUVAS (Supreme Court Vidhik Anuvaad Software) that uses Artificial Intelligence to translate the court’s rulings into 16 different languages.
• Constitutional Framework: To ensure that justice is administered equally, this issue will ultimately have to be resolved through the use of the constitutional framework which governs how judges can use language.

Conclusion

• The distinction creates a more fundamental issue: if judicial materials are available in several Indian languages, who determines what language courts will use for their proceedings?
• An approach of this nature will allow for the preservation of justice consistency, and at the same time allow for the preservation of linguistic diversity.
• To have true hearing of justice, justice cannot simply say something, justice has to feel something and understand something.

UPSC Mains Practice Question

Q1. Discuss how the constitutional framework relating to the language of the judiciary balances the requirement for a common language in judicial proceedings and the preservation of India’s linguistic diversity. Please discuss this question with reference to the applicable constitutional provisions and relevant judicial decisions.

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