In a growing movement to make justice more accessible, lawyers and legal experts are increasingly advocating for the use of regional languages in high court proceedings, where English remains the official language.
Out of India’s 25 High Courts, only four — Rajasthan, Madhya Pradesh, Uttar Pradesh, and Bihar — are allowed to use Hindi in their proceedings and legal documents. Remarkably, Bihar was the last High Court to receive authorisation to use Hindi way back in 1972.
In July this year, Chief Justice of India D.Y. Chandrachud, while addressing a convocation function at Dr. Ram Manohar Lohiya National Law University in Lucknow, remarked that while judges and lawyers are familiar with English, many common citizens who bring their cases to court struggle to understand the legal process.
The Chief Justice also stated that in many countries, both legal education and proceedings are conducted in the regional language. This practice ensures that all citizens can access the legal system and aspire to become lawyers and judges.
The current scenario
As it stands, Article 348(1) of the Indian Constitution mandates that all proceedings in the Supreme Court and High Courts be conducted in English, unless Parliament decides otherwise. Meanwhile, Article 348(2) allows the Governor of a State to authorise the use of Hindi or any other official language in the State’s High Court, provided the President consents.
Despite these constitutional provisions, the use of regional languages in High Courts remains limited.
The issue was recently raised by MPs Dharmasthala Veerendra Heggade and Tejasvi Surya before the Rajya Sabha and Lok Sabha, respectively, in questions to the Minister of Law and Justice. They inquired about the steps taken or proposed to promote the use of local languages in court practices, procedures, and arguments.
Union Law Minister Arjun Ram Meghwal responded that the Government of India had previously received proposals from Tamil Nadu, Gujarat, Chhattisgarh, West Bengal, and Karnataka to permit the use of Tamil, Gujarati, Hindi, Bengali, and Kannada in the proceedings of their respective High Courts.
The Chief Justice of India was consulted on these proposals and, in October 2012, after thorough deliberation with other judges, decided not to accept them.
However, the Law Minister added: “To make judicial proceedings and judgments more comprehensible to the common citizen, specific efforts have been made to translate proceedings and judgments from English into other regional languages.”
Litigants as mere spectators
Advocate and activist Ashok Aggarwal shared that seven years ago, he collected signatures from 3,000 lawyers, seeking permission to use Hindi in Delhi High Court proceedings, and submitted them to the then Chief Justice of the High Court.
“A three-judge panel was formed to consider our plea, which later rejected it,” Mr. Aggarwal said, adding that he encounters litigants daily who, despite being present in the courtroom, often do not understand what is happening during the proceedings.
“‘Court mai kya hua?’ (What happened in court?) is a common question after every hearing, and I have to explain to the litigants, most of whom come from very poor backgrounds,” Mr. Aggarwal further said.
He said the issue was most common in High Court proceedings and not in subordinate courts where regional languages are commonly used.
Advocate Indira Unninayar argued: “Firstly, courts don’t allow litigants to speak during court proceedings if their lawyer is present. I think there should be space for litigants to express themselves. If they are better at expressing themselves in their local language, it should be permitted.”
“I represent jhuggi dwellers and street vendors, and there is a huge language barrier. A lot happens between the court and me, so I have to explain to my clients after the hearing,” Ms. Unninayar added.
“Courts are not just for English-speaking people. They should serve the common people seeking justice. Litigants need to understand what is happening in court because the system is for them,” she said.
Practical difficulties
One primary concern is the impact on judges and lawyers who are not proficient in regional languages. Senior advocate Sanjay Hegde acknowledged this issue, citing an instance in the Bihar High Court where a lawyer insisted on speaking in Hindi, but the judge, unfamiliar with the language, faced difficulties.
“There are such problems, but they are generally few and far between. These issues can be resolved through understanding between the Bar and the Bench,” Mr. Hegde pointed out.
Virag Gupta, author and advocate, echoed this view, stating, “The use of regional languages may be very helpful for litigants and lawyers. However, it could create challenges for judges from other States.”
“As per Article 21 of the Constitution, the public has the right to early justice, which includes justice in a language they understand. In states like Uttar Pradesh where Hindi is allowed, substantial judicial proceedings are still conducted in English. Therefore, regional languages could be permitted in other High Courts, following the procedures set out in the Constitution and statutes,” Mr. Gupta added.
