NEW DELHI, Nov 4: The Supreme Court dismissed a public interest litigation (PIL) on Monday that challenged the validity of Article 348(1)(a) of the Indian Constitution, which requires the exclusive use of English in proceedings before the court. Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, questioned how the petitioner could challenge a provision that is part of the original Constitution.
Labeling the petition as “wholly lacking in substance” and devoid of merit, the bench raised concerns about whether parties should be allowed to present cases in every language recognized in the Constitution. “Should we now be hearing parties in every language recognized by the Constitution?” the court asked.
The PIL contended that the imposition of English as the sole language in judicial proceedings creates significant obstacles for petitioners lacking proficiency in English. Filed by advocate KC Jain, the plea argued that the provisions under Article 348(1)(a) and Rule 2 of Order VIII of the Supreme Court Rules, 2013, infringe the fundamental rights of individuals guaranteed by Articles 14, 19, 21, and 32 of the Constitution, particularly for those seeking to file petitions in Hindi.
The petitioner called for increased linguistic inclusivity, asserting that permitting petitions to be filed in Hindi would enhance access to justice for non-English speakers. Additionally, the PIL suggested utilizing translation technologies, such as AI-assisted tools, to convert Hindi petitions into English for the convenience of the judges.
