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Supreme Court Dismisses Plea for Hindi as Apex Court's , Says Reforms Underway
The on Friday dismissed a seeking directions to the to constitute a commission for adopting Hindi as the of the apex court. A three-judge bench led by Chief Justice Surya Kant, along with Justice Joymalya Bagchi and Justice V. Mohana, held that language-related reforms are already being implemented administratively in a phased manner and cannot be brought about through judicial orders. The Court further observed that granting the relief sought would effectively require a , which lies beyond the judiciary's purview.
The dismissal of the petition reaffirms the constitutional framework under (1)(a), which mandates that proceedings in the Supreme Court shall be conducted in English unless provides otherwise by law. The ruling underscores the and the limits of judicial intervention in matters of , a sensitive and deeply political issue in India's multilingual democracy.
Background of the Plea
The petition was filed by Brahmeshwar Nath Mishra, who sought a direction to the Centre to constitute a commission to examine and recommend the adoption of Hindi as the of the Supreme Court. During the hearing, counsel for the petitioner argued that the Union could be directed to form such a commission based on certain constitutional provisions. The relief was limited to of an expert body, not an immediate change in .
The plea came in the backdrop of ongoing efforts by the Supreme Court to enhance accessibility and inclusivity. On Hindi Diwas this year, the Court launched “Jan Soochna Seva,” a public information service in Hindi, as part of its administrative reforms. The petitioner's counsel cited these steps to argue that a formal commission could accelerate the process.
Court's Observations and Reasoning
Chief Justice Surya Kant, speaking for the bench, emphasized that the Supreme Court has already begun introducing language-related reforms gradually.
"We are now giving a brief description of all the reports in Hindi. We will start with other regional languages,"
he stated, adding that the Court intends to respect and preserve the country's linguistic heritage.
"We have to maintain pan-India culture; we will respect other regional languages also,"
the Chief Justice noted.
The bench rejected the argument that such changes can be mandated through judicial orders.
"These things do not happen through court orders. They happen as part of reforms, slowly and in a phased manner. Such things we are doing,"
the Chief Justice observed. Justice Joymalya Bagchi further cautioned against
, stating,
"You should take this up with the legislature... Otherwise, what happens, sir, when courts—definitely custodian of Constitution—but when this sort of decisions are taken through the courts, they are always criticized as undemocratic decisions imposed on society."
Justice V. Mohana pointed out the constitutional hurdle:
"You are asking for a
. How can a court do that?"
The bench made it clear that the relief sought—even if limited to constituting a commission—would still be a direction that impinges on the legislative domain. The petitioner's counsel persisted, but the bench ultimately dismissed the plea with the terse order: "Dismissed."
Legal and Constitutional Dimensions
The case centers on of , which prescribes English as the language of the Supreme Court and high courts, unless enacts a law to the contrary. The provision reflects a deliberate choice by the framers to ensure uniformity and accessibility across India's diverse linguistic landscape. Any change to the of the apex court would require a parliamentary enactment, not a judicial directive.
The Supreme Court's decision reaffirms the . is a matter of legislative policy and executive implementation. While courts can interpret constitutional provisions and strike down laws that violate fundamental rights, they cannot direct the legislature to amend or create a commission for a specific policy outcome. The bench's observations highlight that is essential to maintain democratic legitimacy.
The Court also underscored the distinction between administrative and judicial functions. The steps already taken—such as providing Hindi summaries of judgments and launching the Jan Soochna Seva—are administrative measures within the Court's inherent power to manage its own affairs. However, changing the for proceedings is a constitutional matter that requires parliamentary action.
Implications for Legal Practice and Policy
For legal professionals, the dismissal serves as a reminder that in the higher judiciary remains firmly anchored in . Practitioners appearing before the Supreme Court must continue to file pleadings and argue in English, though they may benefit from the Court's voluntary translation initiatives. The judgment does not preclude future legislative action, but it clarifies that the judiciary will not take the lead in this area.
The ruling may also influence ongoing debates about the use of regional languages in lower courts and tribunals. Several high courts already permit proceedings in regional languages to some extent, but the Supreme Court has maintained a uniform English-only rule. The bench's emphasis on "pan-India culture" suggests that any change must balance with the need for a common legal language that ensures consistency and accessibility across states.
From a policy perspective, the decision places the onus on and the executive to initiate any reform. If there is political consensus to adopt Hindi—or any other language—as an additional of the Supreme Court, the legislature must amend . Until then, the Court's administrative efforts to provide translations and summaries in multiple languages represent a pragmatic middle ground.
Conclusion
The Supreme Court's dismissal of the PIL seeking a commission for Hindi as the of the apex court is a textbook example of in constitutional matters. The bench clearly articulated that language reforms are underway but must proceed administratively and legislatively, not through court orders. The judgment reaffirms the and reminds all stakeholders of the limits of judicial power. For now, English remains the language of the Supreme Court, but the Court's voluntary outreach in Hindi and other regional languages signals a gradual, inclusive evolution—one that respects both constitutional mandates and India's rich linguistic tapestry.
