Part XVII - Official Language • Article

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

Article 348 (Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc) lays down operational and administrative guidelines for the High Courts and Supreme Court, covering appointments, court procedures, oaths, or general definitions to ensure judicial structures remain unified and functional.

Official Text

(1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides— (a) all proceedings in the Supreme Court and in every High Court; (b) the authoritative texts— (i) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State; (ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or the Governor *** of a State; and (iii) of all orders, rules, regulations and bye-laws issued under this Constitution or under any law made by Parliament or the Legislature of a State, shall be in the English language. (2) Notwithstanding anything in sub-clause (a) of clause (1), the Governor *** of a State may, with the previous consent of the President, authorise the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State: ANGUAGE ) Provided that nothing in this clause shall apply to any judgment, decree or order passed or made by such High Court. (3) Notwithstanding anything in sub-clause (b) of clause (1), where the Legislature of a State has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislature of the State or in Ordinances promulgated by the Governor *** of the State or in any order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, a translation of the same in the English language published under the authority of the Governor *** of the State in the Official Gazette of that State shall be deemed to be the authoritative text thereof in the English language under this article.

Simple Meaning

Explain Like Ten

In the highest courts of India (like the Supreme Court) and for writing laws, English is the main language used. A Governor can allow Hindi in local High Courts, but final judgments must still be in English.

Student Mode

Mandates that all proceedings in the Supreme Court and every High Court, and all authoritative texts of Bills, Acts, Ordinances, Orders, Rules, and Regulations, shall be in English. Under Clause (2), a Governor may, with the President's consent, authorize Hindi or another state language in High Court proceedings (excluding judgments, decrees, or orders). Clause (3) requires an English translation in the Official Gazette if a state prescribes a non-English language for bills or acts.

Example

In a case involving language to be used in the supreme court and in the high courts and for acts, bills, etc, Article 348 helps identify which court or authority can act and what constitutional boundary it must respect.

Key Takeaway

Article 348 anchors language to be used in the supreme court and in the high courts and for acts, bills, etc within India's constitutional system.

FAQs

Can a lawyer argue in Hindi in the Supreme Court?

No. Under Article 348(1)(a), all proceedings in the Supreme Court must be in English. Arguments in other languages are not permitted unless authorized by a change in Union law.

Can judgments of a High Court be delivered in a regional language?

Under Article 348(2), even if a Governor authorizes Hindi or a regional language for proceedings, this authorization does not apply to judgments, decrees, or orders, which must remain in English. However, translation facilities are increasingly provided.

Quiz

Which language is mandated by Article 348(1) for Supreme Court proceedings until Parliament provides otherwise?

Answer: English

A State Governor can authorize the use of Hindi in High Court proceedings under Article 348(2) only with the consent of:

Answer: The President of India