Language of Constitutional Courts under Article 348

The Constitution makes English the default language of proceedings in the Supreme Court and High Courts. Article 348 establishes this rule while allowing a limited exception for High Court proceedings; the use of another language in High Court judgments is separately governed by parliamentary legislation.

The constitutional default

Article 348(1)(a) provides that, until Parliament otherwise provides by law, all proceedings in the Supreme Court and every High Court must be in English. The provision operates notwithstanding the preceding provisions of Part XVII, which deals with official language.

• The Union's official-language arrangements do not automatically replace English as the language of proceedings in these courts.
• A State's adoption of an official language under Article 345 does not, by itself, authorise its use in High Court proceedings.
• Parliament may alter the default rule through legislation; a State legislature cannot independently displace it.

Authorising another language in High Court proceedings

Article 348(2) permits the Governor, with the previous consent of the President, to authorise Hindi or another language used for the State's official purposes in proceedings of the High Court having its principal seat in that State.

• This is a specific exception for High Courts and does not extend to the Supreme Court.
• The authorisation concerns proceedings, but expressly excludes any judgment, decree or order passed or made by the High Court.
• Consequently, permission to conduct High Court proceedings in another language does not itself permit the Court to issue its judgments in that language.

Language of High Court judgments

Section 7 of the Official Languages Act, 1963 provides a separate statutory route for High Court judgments, decrees and orders. It allows the Governor, with the previous consent of the President, to authorise Hindi or the State's official language, in addition to English, for these purposes.

• When a judgment, decree or order is issued in an authorised language other than English, it must be accompanied by an English translation issued under the authority of the High Court.
• The key distinction is that Article 348(2) governs authorisation for proceedings, whereas Section 7 governs authorisation for judgments, decrees and orders.
• Section 7 does not provide a corresponding language exception for Supreme Court judgments.