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2001 Supreme(Ker) 574

Judges : B.N.SRIKRISHNA,M.RAMACHANDRAN
Murali Purushothaman - Appellant
Versus
State of Kerala - Respondent
Case No : O.P. No. 33936 of 2001
Decided On : 11/23/2001
Advocates Appeared :
Santhosh Mathew For Petitioner Addl. Advocate General (V.K. Beeran) For Respondents

Headnote:

Kerala Municipality Act – Constitution of India – Article 348(1)(b) – Kerala Panchayat Raj Act – Kerala Panchayat Raj Act and the Rules – Publication Issue – This petition in public interest seeks a writ of mandamus to the State of Kerala to direct it to publish English translation of the Kerala Panchayat Raj Act and the Rules and the Kerala Municipality Act and the Rules in the Official Gazette and also the English translations of all Bills, Acts, Ordinances, Bye-laws, etc. published in Malayalam simultaneously with their introduction, passing, promulgation or issue – Held, court see no reason or justification for the State of Kerala for not implementing these directives, even after such a long period of time, notwithstanding a specific direction by an order of this Court –The respondents shall publish English translations of all Bills, Acts, Ordinances, Orders, Bye-laws etc. published in Malayalam simultaneously with their introduction, passing, promulgation or issue, and also publish English translation of the Kerala Panchayat Raj Act, the Kerala Municipality Act and the Rules framed there under and of all other Acts and Rules not published in English in the Official Gazette – The State shall carry out this Constitutional duty within a period of six months from today – Petition Allowed

Judgment :-

B.N. Srikrishna, C J.

O.P. admitted. Notice made returnable forthwith. Learned Additional Advocate General waives service for respondents. By consent, the Original Petition called out for hearing and heard.

2. This petition in public interest seeks a writ of mandamus to the State of Kerala to direct it to publish English translation of the Kerala Panchayat Raj Act and the Rules and the Kerala Municipality Act and the Rules in the Official Gazette and also the English translations of all Bills, Acts, Ordinances, Bye-laws, etc. published in Malayalam simultaneously with their introduction, passing, promulgation or issue.

3. Art.348(1)(b) of the Constitution requires that the authoritative texts 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 Legislature of a State, and of all Acts passed by the Legislature of a State and of all Ordinances promulgated by the Governor of a State, and of all orders, rules, regulations and bye-laws issued under this Constitution or under any law made by the Legislature of a State should be in the English language. Cl.(3) of Art.348 of the Constitution permits usage of any local language other than the English language for use in the Legislature of the State, but requires that 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 authoritative text thereof in the English language, as required by the said Article.

4. In view of this clear mandate of the Constitution, we see no reason or justification for the State of Kerala for not implementing these directives, even after such a long period of time, notwithstanding a specific direction by an order of this Court in Thanga Dorai v. Chancellor, Kerala University, 1995 (2) KLT 663.

In the circumstances, we allow this Original Petition and grant a writ of mandamus in terms of prayer clauses (i) and (ii). The respondents shall publish English translations of all Bills, Acts, Ordinances, Orders, Bye-laws etc. published in Malayalam simultaneously with their introduction, passing, promulgation or issue, and also publish English translation of the Kerala Panchayat Raj Act, the Kerala Municipality Act and the Rules framed thereunder and of all other Acts and Rules not published in English in the Official Gazette. The State shall carry out this Constitutional duty within a period of six months from today.

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