IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE &

THE HONOURABLE MR. JUSTICE S.MANU MONDAY, THE 19^TH DAY OF AUGUST 2024 / 28TH SRAVANA, 1946 WP(C) NO. 19240 OF 2024 PETITIONER:

P.V. JEEVESH (ADVOCATE)

AGED 44 YEARS S/O VAVACHAN, PUNNASSERIYIL HOUSE, IDATHALA P.O, PUKKATTUPADY, KOCHI, KERALA, PIN - 683561 BY ADV P.V. JEEVESH (ADVOCATE)(Party-In-Person)

RESPONDENTS:

1 UNION OF INDIA THROUGH THE CABINET SECRETARY, CABINET SECRETARIAT, SOUTH BLOCK, RASHTRAPATI BHAVAN, NEW DELHI, PIN - 110004

2 THE DEPARTMENT OF LEGAL AFFAIRS MINISTRY OF LAW AND JUSTICE, GOVERNMENT OF INDIA, 4TH FLOOR, A WING, RAJENDRA PRASAD ROAD, SHASTRI BHAVAN, NEW DELHI.

REPRESENTED BY THE ADDITIONAL SECRETARY, PIN - 110001

3 THE LEGISLATIVE DEPARTMENT MINISTRY OF LAW AND JUSTICE, GOVERNMENT OF INDIA, 4TH FLOOR, A WING, RAJENDRA PRASAD ROAD, SHASTRI BHAVAN, NEW DELHI.

REPRESENTED BY THE ADDITIONAL SECRETARY, PIN - 110001

4 THE LAW SECRETARY MINISTRY OF LAW AND JUSTICE, 4TH FLOOR, A-WING, RAJENDRA PRASAD ROAD, SHASTRI BHAVAN, NEW DELHI, PIN - 110001

5 THE STATE OF KERALA THROUGH ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN - 695001 BY SRI.KRISHNA T C, CENTRAL SENIOR PANEL COUNSEL IN-

CHARGE OF DSGI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

29.07.2027, THE COURT ON 19.08.2024 DELIVERED THE FOLLOWING:

“C.R.”

A.MUHAMED MUSTAQUE, Acg.C.J. & S.MANU, J.

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W.P.(C)No.19240 of 2024 ------------------------------------------------------------

Dated this the 19^th day of August, 2024

J U D G M E N T

A.Muhamed Mustaque, Acg.C.J.

In this public interest litigation filed by a practising lawyer of this Court, the following reliefs are sought;

1) Issue a writ of mandamus or any other writs or order or direction to the respondents 1 to 4 to provide nomenclature in the English language for the Acts mentioned in exhibits 1 to 3.

2) Declare that the action of respondents 1 to

4 in giving nomenclature in Hindi and Sanskrit languages for the Acts is ultra virus to Article 348 and the scheme of the Constitution.

3) Declare that the parliament has no authority to provide nomenclature/title to a particular Act in any language other than the English language, in the light of Article 348 of the constitution.

4) Direct the respondents 1, 3 and 4 to take appropriate decisions on the exhibits P4 to P6 representations.

5) To issue any other appropriate writ, order or direction as this Hon'ble Court may deem fit in the appropriate stage.

2. The parliament enacted The Bharatiya Nagarik Suraksha Sanhita, 2023, The Bharatiya Nyaya Sanhita, 2023 and The Bharathiya Sakshya Adhiniyam, 2023. These enactments came into effect from 01.07.2024. Title of these legislations though are described in English but the words are not from the English language. The question is whether these legislations are in violation of Article 348(1)(ii) of the Constitution of India. Article 348 of the Constitution of India mandates the following;

“348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.-(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