The Language of the Courts and of the Statute Book

In one line

English is the language of the higher courts and of the authoritative text of every law, and everything else is an exception granted by the President.

In the wording a student can write in an exam: article 348(1) provides that until Parliament by law otherwise provides, all proceedings in the Supreme Court and in every High Court, and the authoritative texts of all Bills, Acts, Ordinances, orders, rules, regulations and bye-laws, whether of the Union or of a State, shall be in the English language. Article 348(2) permits the Governor of a State, with the previous consent of the President, to authorise the use of Hindi or of any other language used for the official purposes of the State in proceedings in the High Court for that State, but expressly not in respect of any judgment, decree or order. Article 348(3) provides that where a State legislature prescribes another language for its Acts, an English translation published under the Governor's authority is deemed to be the authoritative text. Article 349 restricted the introduction of Bills to change article 348 during the first fifteen years.

Article 348, clause by clause

Clause (1)(a). All proceedings in the Supreme Court and in every High Court shall be in the English language.

Clause (1)(b). The authoritative texts of all Bills to be introduced or amendments to be moved in Parliament or in a State legislature; of all Acts passed by Parliament or a State legislature and of all Ordinances promulgated by the President or a Governor; and of all orders, rules, regulations and bye-laws issued under the Constitution or under any law made by Parliament or a State legislature, shall be in the English language.

Read clause (1)(b) carefully. It is not about the language a law may be published in; it is about which text is AUTHORITATIVE. A statute may exist in a dozen languages, and the English text is the one a court applies.

Clause (2). Notwithstanding clause (1)(a), the Governor of a State may, with the previous consent of the President, authorise 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.

The proviso is the point. A case may be argued in the State language; the judgment must still be in English. Four States, Bihar, Uttar Pradesh, Madhya Pradesh and Rajasthan, have obtained authorisation under this clause for Hindi in High Court proceedings, and the practice has not extended further.

Clause (3). Notwithstanding clause (1)(b), where the legislature of a State has prescribed any language other than English for use in Bills, Acts, Ordinances, orders, rules, regulations or bye-laws, a translation of the same in English published under the authority of the Governor in the Official Gazette shall be deemed to be the authoritative text in English.