The 1965 Union Cabinet Committees decision that allows the Hindi language only in the proceedings of constitutional courts has resurfaced again after the Madras High Court Advocates Association (MHAA) moved to the Madras High Court challenging its validity.
The MHAA secretary, S Arivazhagan on behalf of the association filed the public interest litigation (PIL),arguing that the decision discriminates against regional languages by allowing Hindi a preferential position while retaining English as the language of the Supreme Court and High Courts until it can be replaced by Hindi.
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The petition was listed for hearing on Monday, November 2, before a first division bench comprising Chief Justice SA Dharmadhikari and Justice G Arul Murugan.
The association argued that exclusion of languages other than Hindi from the framework governing the language of constitutional courts, is a complete violation of Article 14, 19, and 21 of the Constitution which guarantee equality before the law, freedom of speech and protection of life and personal liberty, respectively.
While deliberating on the delay in challenging the 1965 decision, the association said it became aware of the committee's resolution only recently.
The document was obtained by an advocate through an application filed under the Right to Information Act.
The petition comes against the backdrop of growing efforts in Tamil Nadu to secure official recognition for Tamil in the state's High Court.
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The state Assembly had unanimously passed a resolution in September calling on the Centre to permit the use of Tamil as an official language of the Madras High Court, one of the country's four chartered High Courts.
The petition has also questioned the interpretation of Article 348(3), which provides for the use of a state's official language in High Court proceedings with the President's prior consent. MHAA alleged that the Union Home Ministry's position effectively gives the President the discretion to reject such requests.
The association further pointed to what it described as unequal treatment among states. While proposals to use Gujarati, Bengali and Kannada in the respective High Courts were rejected, Hindi has been permitted in Rajasthan, Uttar Pradesh, Madhya Pradesh and Bihar, the petition submitted.
A similar petition has also been filed by the Advocates Association of the Madurai Bench of the Madras High Court, indicating that the demand for the use of regional languages in judicial proceedings is gaining momentum in Tamil Nadu.
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