L. M. WAKHARE Vs. STATE

JUDGEMENT

(1.) This petition under Article 226 of the Constitution calls in question the validity of the Notification No. 587-1305-XXVII, dated 13-8-1953, which has been issued by the Madhya Pradesh Government prescribing the languages to be used within the state for official purposes.

(2.) Article 345 of the Constitution empowers the Legislature of a State to adopt any one or more of the languages in use in that State or Hindi as the language or languages to be used for all or any of the official purposes of that State. Under the proviso to this article, it is directed that until the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of the Constitution. This Article is subject to Articles 346 and 347 of the Constitution which, however, are not pertinent to the present case.

(3.) The petition, which is made by an advocate, is mainly directed against the use of Hindi and Marathi as the official languages of the Courts functioning within the state. It is urged that the sudden and enforced introduction of the regional languages in Court work has created tremendous difficulties in the way of litigants in the conduct of cases. It is mainly to remove this grievance that the petition has been made.