Language in Indian Courts: A Review of Traditions and Reforms

Introduction

Indian courts predominantly use English as the primary language of legal proceedings. This practice, rooted in British colonial history, has persisted due to various practical and linguistic reasons. However, the necessity for change has been debated within the legal community. This article explores the origins of the language used in Indian courts, its current usage, and potential reforms in light of regional and vernacular predominance.

The Current Language Policy in Indian Courts

The Indian Constitution stipulates that the High Courts and Supreme Court use English or Hindi as the official language. This decision reflects the need for judges and advocates to be proficient in these languages. English is taught and understood across the country, making it a common language for reading and writing legal documents. However, English has also been viewed as a product of British aristocratic practices, leading to questions about its continued use in courts.

Arguments for and Against the Use of English in Indian Courts

Some argue that the predominance of English is not solely due to historical reasons but also because it is a lingua franca that helps in the unification of the diverse legal system. Others suggest that the use of English could be reformed, particularly in lower courts, where vernacular languages could be used. Advocates of this reform point to the argument that judgments should be delivered in regional languages to better resonate with the local population.

However, practical challenges remain. The use of vernacular languages in higher courts like the High Courts and the Supreme Court would complicate matters, as lawyers, clients, and judges might be from different states. The problem can be mitigated by employing translators, much like in international meetings, ensuring that legal proceedings are smooth and accessible.

Historical and Traditional Context

In examining the historical context, it is evident that Indian courts have traditionally operated under a system where local languages were used alongside official languages. As Mr. Rao points out, there is no way to prevent the regional language from operating at the local level. This tradition continues to influence modern Indian legal practice.

For instance, the British raj followed the precedent of Mughal courts, which officially used Persian but allowed for evidence to be heard in the local language. Before that, Indian courts applied laws written in Sanskrit and used local languages as needed. This historical context highlights the fluidity of language use in legal settings and suggests that Indian courts have always adapted to accommodate linguistic diversity.

Conclusion and Future Directions

The language of the court remains a critical aspect of the legal framework in India. While English has served as a unifying language, it is not without its critics. Proposed reforms to allow the use of regional languages in lower courts present both opportunities and challenges. A national consensus would be essential to decide the future direction of court language in India. The implementation of such reforms would require careful consideration of practical difficulties and the active involvement of legal experts and translators.

As Mr. Rao aptly puts it, 'There is no way the regional language can be prevented from operating at the local level.' This statement encapsulates the evolving nature of the legal landscape in India and the ongoing debates about the role of language in the justice system.