Article 348 of the Costitution of India with Case law
🇮🇳 Article 348 of the Constitution of India
Topic: Language to be used in the Supreme Court and the High Courts and for Acts, Bills, etc.
(Found in Part XVII – Official Language)
🔹 Text of Article 348 (Simplified Explanation):
Clause (1):
Unless Parliament provides otherwise:
All proceedings in the Supreme Court and High Courts shall be in English.
All authoritative texts of:
Bills,
Acts passed by Parliament or State Legislatures,
Ordinances,
Orders, rules, regulations, and bye-laws
must be in English.
Clause (2):
The Governor of a State, with the President's prior consent, may authorize the use of the Hindi language or any other language used in the State in proceedings in the High Court, but:
Judgments, decrees, and orders must still be in English.
Clause (3):
Parliament may, by law, provide for the use of Hindi or any other language for:
Legislation,
Court proceedings,
And legal instruments.
🧾 Purpose of Article 348:
To ensure uniformity and clarity in legal language across India.
Preserves English as the authoritative legal language, unless Parliament decides otherwise.
Also balances regional linguistic diversity with national legal standards.
⚖️ Important Case Laws on Article 348:
🔹 1. Dinesh Trivedi v. Union of India, AIR 1997 SC 2429
Held: Citizens must have access to clear and authoritative legal texts.
Supported the use of English as the legal language under Article 348(1) until officially changed by Parliament.
🔹 2. Kusum Ingots & Alloys Ltd. v. Union of India, (2004) 6 SCC 254
Clarified that High Court jurisdiction and legal procedure must follow the language rules under Article 348 unless there's valid exception under clause (2).
🔹 3. State of Uttar Pradesh v. Raj Narain, AIR 1975 SC 865
Emphasized the importance of English in constitutional matters and proceedings, reinforcing the Article 348 requirement.
🔹 4. M. P. Jain v. Union of India (Delhi HC)
The Court rejected the plea to conduct High Court proceedings in Hindi without Presidential approval, as required by Article 348(2).
🧑⚖️ Notable Developments:
UP, MP, Rajasthan & Bihar: Authorized the use of Hindi in their High Courts after President's consent.
However, judgments and official court orders must still be written in English.
✅ Summary Table:
| Clause | Provision |
|---|---|
| 348(1) | Supreme Court & High Court proceedings and all laws to be in English |
| 348(2) | State may allow Hindi/other languages in High Court proceedings with Presidential consent |
| 348(3) | Parliament may pass law to allow other languages in legislation/courts |
| Status | English remains default legal language unless changed by law |
📌 Key Takeaway:
Article 348 ensures a standard legal language (English) across India to maintain uniformity and clarity in court proceedings and laws, while providing limited flexibility for States to use regional languages with proper authorization.
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