Use of regional languages in HCs remains limited
| Topic: GS2 – Indian Polity – Judiciary |
(Source – The Hindu, International Edition – Page No. – 5
| Context |
| ● There is a growing movement to use regional languages in High Court proceedings to make justice more accessible.
● Despite constitutional provisions allowing this, its implementation remains limited due to concerns about language proficiency among judges and lawyers. |
Use of regional languages in High Court:
- Current Status: Only four High Courts (Rajasthan, Madhya Pradesh, Uttar Pradesh, and Bihar) are permitted to use Hindi in their proceedings, while English remains the official language in all High Courts.
- Constitutional Provisions: Article 348(1) of the Indian Constitution mandates English for Supreme Court and High Court proceedings, unless Parliament decides otherwise. Article 348(2) allows State Governors to authorise regional languages in State High Courts with Presidential consent.
- Recent Discussions: Chief Justice of India D.Y. Chandrachud highlighted the need for regional languages in legal proceedings to make the justice system more accessible to common citizens.
- Proposals: Tamil Nadu, Gujarat, Chhattisgarh, West Bengal, and Karnataka have proposed using regional languages in their High Courts. These proposals were reviewed but not accepted by the Chief Justice of India in 2012.
Challenges:
- Language Proficiency: Judges and lawyers may lack proficiency in regional languages, leading to communication difficulties and inefficiencies in court proceedings.
- Uniformity Issues: Ensuring consistent legal terminology and standards across different languages can be complex, potentially affecting the quality of justice.
- Training Requirements: Judges and legal professionals need extensive training to become proficient in regional languages, which may be time-consuming and costly.
- Resource Constraints: Developing and maintaining legal resources, such as case law and statutes, in multiple languages requires significant investment.
- Legal Documentation: Translating legal documents and maintaining accurate records in various languages can be challenging and may lead to errors.
- Resistance to Change: There may be resistance from the legal community accustomed to English, leading to delays and disputes.
- Implementation Issues: Coordinating and implementing language changes across different High Courts involves logistical complexities and administrative hurdles.
| Practice Question: Discuss the potential benefits and challenges of using regional languages in High Court proceedings in India. How can these challenges be addressed to improve access to justice for common citizens? (250 Words /15 marks) |
