Article 348 of CoI : Article 348: Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.

Explanation using Example

Example 1:

Scenario: A new law is being introduced in the Parliament of India.

Details:

• A Member of Parliament (MP) drafts a Bill to introduce a new law on data privacy.
• According to Article 348(1)(b)(i), the authoritative text of this Bill must be in English.
• The Bill is introduced in the Lok Sabha (House of the People) in English.
• After debates and amendments, the Bill is passed by both Houses of Parliament.
• The final Act, as passed by Parliament, is also in English as per Article 348(1)(b)(ii).

Outcome: The entire process, from the introduction of the Bill to the passing of the Act, is conducted in English, ensuring uniformity and clarity in the legal language used.

Example 2:

Scenario: A High Court in a Hindi-speaking state wants to conduct proceedings in Hindi.

Details:

• The High Court of Uttar Pradesh, where Hindi is widely spoken, seeks to conduct its proceedings in Hindi.
• The Governor of Uttar Pradesh, with the previous consent of the President of India, authorizes the use of Hindi in the High Court's proceedings as per Article 348(2).
• However, any judgments, decrees, or orders passed by the High Court must still be in English, ensuring consistency in legal documentation.

Outcome: The High Court conducts its proceedings in Hindi, making it easier for local lawyers and litigants to participate. However, the final judgments and orders are issued in English to maintain a standard legal record.

Example 3:

Scenario: A state legislature passes a law in the local language.

Details:

• The Legislature of Tamil Nadu passes a new law regarding agricultural practices, and the law is drafted in Tamil.
• According to Article 348(3), a translation of this law in English must be published in the Official Gazette of Tamil Nadu.
• The English translation, published under the authority of the Governor, is considered the authoritative text of the law.

Outcome: The law is accessible to Tamil-speaking citizens in their local language, while the English translation ensures that the law is understood and recognized at the national level and by non-Tamil speakers.

Example 4:

Scenario: A state government issues new regulations in the local language.

Details:

• The Government of Maharashtra issues new regulations on environmental protection, and the regulations are drafted in Marathi.
• As per Article 348(3), an English translation of these regulations is published in the Official Gazette of Maharashtra.
• The English version is deemed the authoritative text, ensuring that the regulations are clear and enforceable across different linguistic groups.

Outcome: The regulations are available in Marathi for local understanding, while the English translation ensures legal clarity and uniformity.