Part XVII: Official Language

Article 348: Language to be Used in Supreme Court and High Courts

Original Article:

(1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides—

• (a) All proceedings in the Supreme Court and in every High Court shall be conducted in English.
• (b) The authoritative texts of—
  • All Bills introduced in either House of Parliament or State Legislatures;
  • All Acts passed by Parliament or State Legislatures;
  • All Ordinances promulgated by the President or Governor;
  • All rules, regulations, and bye-laws issued under the Constitution or any law made by Parliament or State Legislatures;

(2) The Governor of a State, with the consent of the President, may authorize the use of Hindi or any regional language in High Court proceedings, excluding judgments and orders.

(3) Where a State Legislature prescribes a regional language for legislative purposes, the Governor must publish an English translation, which shall be deemed the authoritative text.

Explanations:

Article 348 mandates English as the default language for judicial and legislative proceedings, ensuring consistency and uniformity across the country. This provision facilitates legal clarity in a multilingual nation like India.

Clause-by-Clause Explanation:

Clause (1): Language for Legal Proceedings

This clause establishes English as the medium for all Supreme Court and High Court proceedings and for legislative documents. It ensures uniformity in the judicial and legislative frameworks.

Real-Life Example: English remains the default language for drafting all Bills and Acts in both Parliament and State Legislatures, providing a consistent legal standard across the country.

Clause (2): Regional Language Use in High Courts

This clause allows the use of Hindi or other regional languages in High Court proceedings with Presidential consent, promoting linguistic inclusivity without affecting legal uniformity.

Real-Life Example: High Courts in states like Madhya Pradesh have introduced Hindi in court proceedings for better accessibility while retaining English for judgments.

Clause (3): Translation of Regional Legislative Texts

When a State Legislature adopts a regional language for legislative purposes, an English translation published by the Governor is considered the authoritative version. This ensures inter-state and Union compatibility.

Real-Life Example: Tamil Nadu publishes legislative texts in Tamil with official English translations, ensuring nationwide accessibility.

Amendments:

Constitution (Seventh Amendment) Act, 1956: Modified the terminology to replace references to "Rajpramukh" with "Governor," aligning with administrative changes post-state reorganization.

Historical Significance:

The adoption of Article 348 was rooted in the necessity of a unified language framework for legal and legislative matters. English was retained for its widespread acceptance and practical application across India’s diverse linguistic states.