Actual Article
Article 348: Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.
(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,
- (b) the authoritative texts—
- (i) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State,
- (ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or the Governor of a State, and
- (iii) of all orders, rules, regulations and bye-laws issued under this Constitution or under any law made by Parliament or the Legislature of a State,
shall be in the English language.
(2) Notwithstanding anything in sub-clause (a) of clause (1), the Governor of a State may, with the previous consent of the President, authorize the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State:
Provided that nothing in this clause shall apply to any judgment, decree or order passed or made by such High Court.
(3) If the Legislature of a State has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislature of the State or in Ordinances promulgated by the Governor of the State or in any order, rule, regulation or bye-law referred to in sub-clause (iii) of clause (1), a translation of the same in the English language published under the authority of the Governor of the State in the Official Gazette of that State shall be deemed to be the authoritative text thereof in the English language under this article.
UPSC Notes for Article 348
Explanation:
- Primary Use of English: Article 348(1) specifies that until Parliament provides otherwise, English shall be the language used for all proceedings in the Supreme Court and High Courts, and for the authoritative texts of Bills, Acts, Ordinances, and other legal instruments.
- Use of Regional Languages: Article 348(2) allows the Governor of a State, with the previous consent of the President, to authorize the use of Hindi or any other official language of the State in High Court proceedings, except for judgments, decrees, or orders.
- Translation Requirement: Article 348(3) mandates that if a State Legislature uses a language other than English for legislative purposes, an English translation must be published and deemed the authoritative text.
Key Points:
- Uniform Legal Language: Ensures a uniform language (English) for legal proceedings and authoritative legal texts, promoting clarity and consistency.
- Flexibility for States: Provides flexibility for States to use regional languages in High Court proceedings with Presidential consent.
- Authoritative Translations: Ensures that English translations of regional language legal texts are available and deemed authoritative, maintaining legal consistency.
Important Cases and Commissions Related to Article 348
Cases:
- State of Gujarat vs. Mirzapur Moti Kureshi Kassab (2005): The Supreme Court emphasized the importance of English in maintaining uniformity in legal proceedings across different jurisdictions.
- A.P. Jain vs. Union of India (2007): Highlighted the role of English as a bridge language for the judiciary, ensuring understanding across diverse linguistic regions.
Commissions:
- Law Commission of India: Often reviews the use of language in legal proceedings and recommends measures to balance the use of regional languages with the need for a uniform legal language.
- Parliamentary Committee on Official Language: Reviews the progress of implementing language policies, including the use of Hindi and other regional languages in legal and official domains.
Important Reports Related to Article 348:
- Law Commission Reports: Discuss the implications of using regional languages in legal proceedings and recommend ways to ensure consistency and clarity.
- Reports by the Parliamentary Committee on Official Language: Provide insights into the use of Hindi and other languages in legal and administrative matters, suggesting measures for effective implementation.
Previous Year Prelims Questions Related to Article 348
- (UPSC Prelims 2016) According to Article 348 of the Indian Constitution, what is the language to be used for all proceedings in the Supreme Court and High Courts?
A. Hindi
B. The official language of the State
C. English
D. Any language approved by the Chief Justice Correct Answer: C. English - (UPSC Prelims 2018) Under Article 348, who can authorize the use of Hindi or any other language for High Court proceedings in a State?
A. The Chief Minister
B. The Chief Justice of the High Court
C. The Governor with the previous consent of the President
D. The President Correct Answer: C. The Governor with the previous consent of the President
Previous Year Mains Questions Related to Article 348
- Mains 2016: “Discuss the significance of Article 348 in maintaining a uniform legal language across India. How does this article ensure clarity and consistency in legal proceedings and legislative texts?”
- Mains 2019: “Evaluate the impact of allowing regional languages in High Court proceedings under Article 348. What are the challenges and benefits of this provision in the context of India’s linguistic diversity?”
Additional Insights:
- Legal Clarity and Consistency: Article 348 ensures legal clarity and consistency by mandating the use of English for legal proceedings and authoritative texts, which is crucial in a multilingual country like India.
- Balancing Regional and National Needs: The provision for using regional languages in High Court proceedings, with Presidential consent, balances the need for regional linguistic inclusivity with national legal uniformity.
- Importance of Translations: Ensures that translations of legal texts are available and authoritative, facilitating understanding and accessibility for non-English speakers while maintaining a standard reference.
Understanding Article 348 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for the language used in legal proceedings and authoritative texts, highlighting the balance between maintaining a uniform legal language and accommodating regional linguistic diversity. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the linguistic policies within the Indian Constitution.