NARENDRA KUMAR Vs. RAJASTHAN HIGH COURT

JUDGEMENT

(1.) In the present writ petition a question of far-reaching importance is involved as to whether in view of S.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 Devnagari 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 be in Hindi written in Devnagari 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." Section 46 of the Ordinance vests power in the High Court to make the Rules consistently with the laws 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 Art.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 R. 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 R.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 S.47 of the Ordinance, Hindi Written in Devnagari Script is language of the Court. Assuming for the sake of arguments that the words 'all proceedings' in S.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 26/01/1950, 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 all 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 Part XVII of the Constitution of India came into force on 26/01/1950, and its Chapter III and more so its Art.348 provides for the use of (sic) language to be used in the Supreme Court and High Courts, the provisions of S.47 of the Ordinance including Rr.125 and 126 of the Rules framed under S.46 of the Ordinance, could not be applicable and clause (1) 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 Art.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 S.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 Court have to be in Hindi written in Devanagari Script. We are of the opinion that after coming into force of the aforesaid part of the Constitution of India so far as language of this Court is concerned, the relevant Chapter referred to earlier will apply and not S.47 of the Ordinance and Rr. 125 and 126 of the Rules framed thereunder.

(3.) It was contended that in view of Article 343 of Chapter I of the Constitution, the Official Language of the Union shall be Hindi in Devanagari Script. The form of numerals to be used for the official purpose of the Union shall be the international form of Indian numerals and English language could continue to be used for official purposes of the Union for which it was being used immediately before such commencement for a period of fifteen years from 26/01/1950, and after the expiry of the period as aforesaid i.e. 26/01/1965, only Hindi in Devanagari Script could be the official language. It is also contested that after the expiry of 15 years of such commencement i.e. from 26/01/1965 and thereafter at the expiry of 10 years from such commencement the President of India under Art.344(1) may constitute Commission and the Commission so appointed could make recommendations to the President and the recommendations were made as to the language to be used in all or any of the purposes mentioned in Art.342 of the Constitution of India, which purpose include the use of the language in Supreme Court and High Courts and the President after considering the report of the committee appointed to examine the recommendations of the Commissions issued directions under clause 6 of Art.344 of the Constitution of India. The aforesaid directions had been issued by the President under order made on 24/04/1960. The order has been made by the President and the law could be made by the Parliament in exercise of the powers conferred by clause (1) of Art.348 of the Constitution of India in terms of the aforesaid Presidential order. It is also contended that in the aforesaid Presidential order while permitting optional use of Hindi written in Devanagari Script in the judgment, decree or orders of the High Court, it was not provided that the said judgments, decrees and orders shall be accompanied by a translation of the same in English Language issued under the authority of the High Court. Therefore, in S. 7 of the Official Languages Act, 1963 (for short, 'the OL Act'), it could not have been so provided.