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Report No. 216

Non-Feasibility of Introduction of Hindi as Compulsory Language in The Supreme Court of India

Chapter I

Introduction

This Report deals with the recommendations of the Committee of Parliament on Official Language made in its Report at S.No.16.8(d) and 16.8(e) stated under Resolution No. 11011/5/2003-OL (Research) dated 13.7.2005 of the Department of Official Language, Ministry of Home Affairs. It is expedient to state briefly the genesis of this Report.

The Law Commission received a reference from the Department of Legal Affairs, Ministry of Law & Justice which has forwarded a copy of the note dated 29.3.2006 from Joint Secretary & Legislative Counsel, Legislative Department along with a copy of the recommendations of the Committee of Parliament on Official Language to obtain the views of Law Commission of India on the recommendations of the said Committee made in its Report at S.No.16.8(d) and 16.8(e) stated under Resolution No. 11011/5/2003-OL (Research) dated 13.7.2005 of the Department of Official Language, Ministry of Home Affairs.

The Committee of Parliament on Official Language was constituted in 1976 under section 4(1) of the Official Languages Act, 1963. The said Committee submitted seventh part of its Report, inter alia, relating to propagation of Hindi for official purposes, the position of Hindi in the field of Law, original use of Hindi in Government work, to the President.

After considering the views of expressed by various Union Ministries/ Departments and the States/Union Territories Governments, the Ministry of Home Affairs, Department of Official Language conveyed under the said Resolution dated 13.7.2005, the Orders of the President made under section 4(4) of the Official Languages Act, 1963 on the recommendations made in the Report of the said Committee at S.No.16.8(d) and 16.8(e) as under:-

"16.8(d) Article 348 of the Constitution may be amended to enable the Legislative Department to undertake original drafting in Hindi.

16.8(e) After the amendment of Article 348 of the Constitution, High Courts/Supreme Court should be asked to start delivering their judgments and decrees etc. in Hindi so that large number of Government Departments, who are carrying out judicial/ quasi-judicial functions, could be able to deliver orders in Hindi. At present, these departments are unable to pass orders in Hindi, because the appeal against their orders in High Courts/Supreme Court would have to be conducted in English."

On The Above Recommendations Of The Committee, Orders Were Issued By The President Under Section 4(4) Of The Official Languages Act, 1963, As Under:-

"These recommendations may be referred to the Legislative Department with the directions to obtain the views of Law Commission of India and thereafter intimate their considered opinion on these recommendations. Final decision will be taken accordingly."

In view of the above, the matter was placed before the Law Commission of India for its opinion and appropriate recommendation.



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