(a) whether Hindi is not used in High Courts despite being declared the Official Language;
(b) if so, the reasons therefor;
(c) whether the Hindi Salahkar Samiti had decided last year that Hindi or the official
language of the State concerned should be used in district and lower courts; and
(d) if so, the steps taken by the Government in this regard?
MINISTER OF LAW & JUSTICE (SHRI SALMAN KHURSHID)
(a) to (d) : In pursuance of the provision under Article 348(2) of the
Constitution of India, the Governors of four States, namely, Rajasthan, Uttar
Pradesh, Bihar and Madhya Pradesh have authorized the use of Hindi in the High
Courts of their States.
Under Article 235 of the Constitution, administration of justice is a State
subject and the State Government in consultation with its concerned High Court
decides ail matters concerning operations and setting up of courts including
use of Hindi/regional languages in the proceedings of the courts. Generally
Hindi and other regional languages are being used in the proceedings of lower
courts in the States.
In the meeting of Hindi Salahkar Samiti, Ministry of Law and Justice, held on
12.09.2011, among other issues, the issue of language used in courts was discussed.
Some members had suggested that use of Hindi/Regional languages in all High
Courts and subordinate courts should be implemented. But there is no decision
to this effect. Moreover, the 18th Law Commission of India in its 216th Report
on `Non-Feasibility of Introduction of Hindi as Compulsory Language in the
Supreme Court of India` has, inter-alia, recommended that the higher judiciary
should not be subjected to any kind of even persuasive change in the present
societal context. The Government in the Department of Official Language, have
accepted the recommendation.