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    Constitutional Provisions_legal English

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    Constitutional Provisions_legal English

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    Constitutional Provisions_legal English

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    CONSTITUTIONAL PROVISIONS RELATED TO LEGAL LANGUAGE AND

    LEGAL ENGLISH IN INDIA

    In India, the Constitution provides certain provisions related to the use of legal language and
    legal English, mainly with respect to the language of the courts and the drafting of laws.
    These provisions emphasize the use of both English and regional languages in legal matters.
    Here are some key constitutional provisions related to legal language and legal English in
    India:

    Article 29: Protection of Interests of Minorities

    Article 29 of the Indian Constitution protects the cultural and educational rights of minorities.
    It ensures that individuals or groups with distinct languages, scripts, or cultures can preserve
    and promote their heritage.

     Article 29(1): Any section of citizens residing in any part of India, having a distinct
    language, script, or culture of its own, shall have the right to conserve the same.

     Article 29(2): No citizen shall be denied admission into any educational institution
    maintained by the State or receiving aid out of State funds on grounds only of
    religion, race, caste, language, or any of them.

    Article 30: Right of Minorities to Establish and Administer Educational Institutions

    Article 30 provides minorities the right to establish and manage their educational institutions
    to preserve their culture and language.

     Article 30(1): All minorities, whether based on religion or language, shall have the
    right to establish and administer educational institutions of their choice.

     Article 30(1A): When the State acquires property of an educational institution


    established by minorities, it must ensure that compensation is provided so that the
    institution's right to establish and administer remains intact.

     Article 30(2): The State shall not discriminate against any educational institution in
    granting aid based on the fact that it is under the management of a minority.

    Article 120 - Language of Parliament


     Article 120(1): The business in Parliament shall be transacted in Hindi or English.
    However, the Presiding Officer may permit a member who cannot adequately express
    themselves in either language to address the House in their mother tongue.

     Article 120(2): Even though both Hindi and English are permitted in Parliament, all
    laws, bills, and official acts must be drafted in English.

    Article 210 - Language of State Legislatures

     Article 210(1): The language for conducting business in the state legislatures can be
    Hindi, English, or the official language of the state. However, if the proceedings
    are in a regional language, the bills, acts, and ordinances passed by the legislature
    must be in English for formal purposes.

     Article 210(2): Similar to Article 120(2), state laws and legislative drafts are required
    to be in English, unless a law made by Parliament provides otherwise.

    Article 343 - Official Language of the Union

     Article 343(1): Declares Hindi in the Devanagari script as the official language of the
    Union of India. However, for all official purposes, English was to continue to be used
    for 15 years from the commencement of the Constitution, which has been extended
    indefinitely under the Official Languages Act, 1963.

     Article 343(2): Parliament is empowered to provide for the continued use of English
    for official purposes even after the expiration of the 15-year period mentioned in
    Article 343(1).

    Article 348 - Language to be used in the Supreme Court and High Courts

     Article 348(1): The language used for all proceedings in the Supreme Court and the
    High Courts shall be English until Parliament provides otherwise. This includes
    judgments, orders, and other documents.

     Article 348(2): The Governor of a State, with the consent of the President, may
    authorize the use of the Hindi language or any other language used for official
    purposes in the proceedings of a High Court in that state. However, judgments,
    decrees, or orders passed by the High Court must be in English unless Parliament
    makes a law providing otherwise.

    Article 349: Special Procedure for Enacting Laws Relating to Language

    Article 349 provides a special procedure for enacting laws related to the language used for
    official purposes or language in the courts.

     Article 349: Any bill or amendment that affects the use of language for official
    purposes in the Union or a state must be referred to the President. The President is
    then required to seek the advice of the Commission on Official Language before the
    bill can be introduced in Parliament.

    Article 350: Language Rights of Citizens

    Article 350 addresses the language rights of citizens, ensuring they can communicate with
    government authorities in their language.

     Article 350: Every person shall have the right to submit a representation for the
    redress of any grievance to any officer or authority of the Union or a state in any of
    the languages used in the Union or in the state.

    Article 351 - Directive for the Development of Hindi

     Article 351 directs the Union to promote the spread of Hindi and develop it so that it
    may serve as a medium of expression for all elements of Indian culture, without
    interfering with the usage of English for legal and other official purposes as required.

    Schedule 8 of the Constitution

     The Eighth Schedule recognizes 22 languages, including Hindi and English, which
    may be used in official and legal contexts in various states. Some states have enacted
    laws allowing regional languages to be used in courts and legal proceedings, subject
    to the constitutional provisions for English.

    Legal Drafting in India:

     While English remains the primary language for drafting legal texts, statutes, and
    legal documents, Hindi and other regional languages have been increasingly used,
    especially in lower courts. However, in the higher courts (the Supreme Court and
    High Courts), English is predominantly used for legal arguments, judgments, and
    drafting.

    Judicial Interpretation of Legal Language:

     The Supreme Court of India has often dealt with issues related to legal language and
    interpretation. For instance, in cases where there is ambiguity in the meaning of a law,
    English versions of statutes or judgments are given precedence over versions in other
    languages.

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