M.B. SHARMA, J.—In the present wit petition a question of far reaching importance is involved as to whether in view of Section 47 of the Rajasthan High Court Ordinance, 1949 (for short, the Ordinance) all the proceedings in this Court including the judgments orders, and decrees should only be written in Hindi Devanagari Script, which has been declared as Official Language of the Court ?

2. Section 47 of the Ordinance reads as under:

"47. Language of the Court-All proceedings in the High Court shall he in Hindi written in Devanagari Script which will be the language of the Court.

Provided that where a Judge hearing a case is not familiar with Hindi the proceedings may be conducted by him in English."

Sec. 46 of the Ordinance vests power in High Court to make the Rules consistently with the law for the time being in force to regulate the sittings of the Court, and in exercise of the aforesaid powers and the powers conferred under Article 225 of the Constitution of India and all other powers enabling in that behalf the High Court of Judicature for Rajasthan made the Rules of the High Court of Judicature for Rajasthan, 1952 (for short, the Rules) Under rule 125 of the Rules every memorandum of appeal or objection and every application, other than an application made in any case pending in the Court, shall be in the language of the Court and shall bear the particulars mentioned therein. Under rule 126 of the Rules every application made in a case pending in the Court shall be in the language of the Court and shall state, the section and the Act or the Rule under which it is made. As already stated earlier, under section 47 of the Ordinance, Hindi written in Devanagri Script is language of the Court. Assuming for the sake of arguments that the words all proceedings in Section 47 of the Ordinance includes judgments, orders and decrees, in our opinion this position could continue till the coming into force of the Constitution of India. So far as part XVII of the Constitution of India is Concerned, it is the relevant part in so far as Official Language of the Union including language to be used in the Supreme Court and High Courts is concerned. It came into force on January 26, 1950, which day has been referred as the day of commencement of the Constitution of India. After coming into force of the Constitution of India the provisions of the Constitution shall prevail and the provisions of any existing law in so far as they are inconsistent with the provisions of the Constitution of India will have no application. Therefore, when partXVII of the Constitution of India came into force on January 26, 1950, and its Chapter III and more so its Article 348 provides for the use of language to be used in the Supreme Court and High Courts, the provisions of Section 47 of the Ordinance including rules 125 and 126 of the Rules framed under Section 46 of the Ordinance, could not be applicable and clause(l) of Art. 348 of the Constitution which starts with non-obstante clause became applicable and all the proceedings in the Supreme Court and High Courts could only be in the English language unless so far as the High Court of the State is concerned, the Governor of the State with the previous consent of the President authorises under Art. 348 (2) of the Constitution of India the use of the Hindi language or any other language used for any official purposes in the State in proceedings in the High Court having its principal seat in that State. But in view of the proviso to clause (2) of Article 348 of the Constitution of India nothing in that clause shall apply to any judgment, decree or order passed or made by such High Court. We, therefore, find no substance in the argument of the learned counsel for the petitioner and other counsel who were allowed to intervene that in view of Section 47 of the Ordinance even after coming into force of part XVII of the Constitution of India as aforesaid all proceedings including judgments, decrees and orders of the High

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