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Judge and Advocate Language Conflict Cases in India

Language conflicts in the Indian legal system—especially between judges and advocates—stem from India's linguistic
diversity and the constitutional framework that governs language use in courts. Below are key cases and examples that
highlight such conflicts:

⚖️ 1. Madhu Limaye v. Ved Murti (1971)

Issue: Advocate argued in Hindi before the Allahabad High Court, but the judge insisted on English.

Conflict: The case highlighted the tension between the constitutional provision for using Hindi in High Courts and the
practical preference for English among judges.

Judgment: It emphasized that unless the Governor authorizes Hindi under Section 7 of the Official Languages Act, 1963,
English remains mandatory in High Courts.

⚖️ 2. K.K. Bhaskaran v. State of Tamil Nadu (1994)

Issue: The petitioner wanted to argue in Tamil before the Madras High Court.

Conflict: The court held that since Tamil was not authorized for use in the High Court under the constitutional provisions,
the proceedings must be in English.

Significance: Reaffirmed that English is the official language for higher judiciary proceedings unless explicit
authorization is given.

⚖️ 3. Hindi Hitrakshak Samiti v. Union of India (1990)

Issue: A PIL was filed to permit Hindi in the Supreme Court and High Courts.

Court's View: Denied the petition, stating that Article 348 mandates English unless Parliament or President allows
otherwise.

Observation: The Court stressed on uniformity, national integration, and easy understanding across states as the reason to
retain English.

⚖️ 4. T. Barai v. Henry Ah Hoe (1983)

Not directly a language conflict case, but highlights interpretational issues where different meanings in English and
regional language led to differing legal interpretations.

Significance: Demonstrates the practical legal difficulties in translation and comprehension of laws when multiple
languages are involved.

⚖️ 5. Gujarat High Court Advocates’ Association Cases (Various)

Context: Repeated demands from advocates to allow Gujarati in High Court proceedings.

Judicial Stand: The Gujarat High Court and Centre have maintained that English should remain unless the President
permits regional language usage under Article 348(2).

📜 Constitutional & Statutory Provisions Related to Language:

Article 348(1): Proceedings in Supreme Court and High Courts shall be in English.

Article 348(2): Governor can, with the President’s consent, authorize the use of Hindi or another official language in High
Courts.

Official Languages Act, 1963: Provides details of language use in courts, especially in Part III of the Act.

Section 7: Allows use of Hindi in High Courts with Presidential assent.

💡 Common Conflicts:

Conflict Type Examples

Advocate wishes to argue in local language Judge insists on English due to Article 348
Judge unfamiliar with local language Advocate files pleadings in regional language
Litigant can't understand either English or judge’s Raises concerns of fair trial and access to justice
preferred language
Political or linguistic sentiment Demand to conduct entire proceedings in regional
language for cultural identity

🔍 Ethical & Practical Issues:

Access to Justice: Many litigants and even some lawyers are not fluent in English.

Judicial Efficiency: Translation causes delay and errors.

Equality Before Law: When language becomes a barrier, equality is compromised.

Judicial Independence vs. Regional Sentiment: Judges often come from other states and are not fluent in local languages,
leading to clashes with local Bar members.

✅ Recommendations (Law Commission & Others):

Use interpreters or translators when needed.

Increase regional language training for judges.

Allow bilingual proceedings where feasible.

Encourage technology-enabled translations (AI tools, real-time interpretation).

CASE2
Here's a comprehensive overview of Judge and Advocate Language Conflict Cases in India along with the latest legal
position (as of 2025):

🇮🇳 I. Nature of Conflict: Judge vs Advocate – Language Use in Courts

India’s courts, especially higher judiciary, often witness conflict between advocates wanting to use regional languages and
judges preferring English, due to:

Constitutional mandate (Article 348)

Judges from outside the state unfamiliar with regional languages

Regional pride or political assertion by local Bar Associations

Access to justice for non-English speaking litigants

⚖️ II. Key Language Conflict Cases

1. Madhu Limaye v. Ved Murti (1971)

Facts: Advocate wanted to argue in Hindi in Allahabad HC.

Conflict: Judge refused.

Held: English is the default language unless the state Governor permits otherwise under Article 348(2) and Section 7 of
the Official Languages Act, 1963.

2. Hindi Hitrakshak Samiti v. Union of India (1990)

Facts: PIL demanded use of Hindi in Supreme Court and High Courts.

Held: Rejected. Article 348(1) mandates English unless President authorizes otherwise.

Observation: Uniformity in higher judiciary is essential.

3. K.K. Bhaskaran v. State of Tamil Nadu (1994)

Issue: Advocate insisted on using Tamil in Madras High Court.

Held: Denied. No Presidential consent under Article 348(2) was given.

Position: Tamil cannot be used in HC until notified.

4. Gujarat High Court Incidents (2000s–2010s)

Multiple protests by advocates to use Gujarati in High Court.

The Gujarat HC rejected demands, citing lack of Presidential authorization.

5. Recent Example – 2023 Patna High Court Incident

Incident: Advocate attempted to argue in Magahi, a regional dialect.

Judge’s Response: Directed the advocate to speak in English or Hindi.

Debate: Sparked controversy on linguistic exclusion vs procedural decorum.

📜 III. Legal Framework:

✅ Article 348(1) – English shall be used in:

Supreme Court

High Courts

Bills, Acts, and legal proceedings

✅ Article 348(2) – Regional language use allowed in High Courts if:

Governor recommends

President consents

✅ Official Languages Act, 1963

Section 7: Authorizes regional language in High Court proceedings subject to Presidential approval.

📅 IV. Latest Legal Position (as of 2025)

✅ Regional Languages Allowed in Some High Courts:

Presidential consent has been given to use regional languages in:

High Court Regional Language Allowed

Rajasthan HC Hindi
Madhya Pradesh HC Hindi
Uttar Pradesh HC Hindi
Bihar HC Hindi

🔹 In these High Courts, Hindi is officially permitted alongside English.

❌ No Other Regional Languages Allowed (Yet):

Tamil, Telugu, Kannada, Malayalam, Bengali, Marathi etc. are not yet authorized for High Court use.

Use of local languages remains limited to lower/subordinate courts.

🚫 Supreme Court: Only English

No provision yet for regional or Hindi language use.

Uniformity and ease of interpretation across national benches upheld.

💬 Practical Issues and Conflicts Today:

Problem Example
Judge from outside state unfamiliar with local language Tamil Nadu, Gujarat, Kerala HCs
Advocates protesting for regional language Karnataka & Tamil Nadu Bar protests
Litigants unable to understand English Rural litigants in high courts
Judicial delays due to translation Poor-quality translation affects case outcomes

️ Ethical & Constitutional Dilemma:

Access to Justice: Non-English speakers are at a disadvantage.

Unity vs Diversity: Maintaining uniform court language vs respecting linguistic diversity.

Efficiency vs Fairness: English may speed up legal process, but can alienate litigants.

📌 Law Commission & Bar Council Recommendations:

Promote bilingual judgments and pleadings.

Use interpreters in higher courts.

Encourage legal education in regional languages.

Allow regional language in oral arguments when both judge and lawyer agree.

🔚 Conclusion

The latest position is that English remains mandatory in the Supreme Court and most High Courts unless there is express
Presidential approval for a regional language. However, the demand for regional language access is rising, especially from
local Bars and litigants, pushing for a more inclusive, multilingual judicial system.

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Here’s an updated, in-depth overview of judicial–advocate language conflict cases in India, the current legal position, and
recent issues reported in the news:

️ 1. Leading Judicial Language-Conflict Cases

Madhu Limaye v. Ved Murti (1971) — Advocate argued in Hindi in Allahabad HC; court held English is mandatory in
High Courts unless Governor and President authorize Hindi under Article 348(2) and Section 7 of the Official Languages
Act, 1963.

K.K. Bhaskaran v. State of Tamil Nadu (1994) — Madras HC denied Tamil argument in absence of Presidential
authorization.
Hindi Hitrakshak Samiti v. Union of India (1990) — SC rejected PIL seeking Hindi in Supreme Court, reaffirmed
Article 348(1) mandates English.

The principle remains: only four High Courts—Rajasthan, Madhya Pradesh, Uttar Pradesh, and Bihar—have official
authorization to use Hindi in proceedings and documents, via Presidential consent .

️ 2. Latest Legal Position (as of mid-2025)

Article 348(1): Supreme Court and High Courts must use English, unless otherwise authorised.

Article 348(2) & Official Languages Act, Section 7: Governor recommendation + Presidential approval required to allow
Hindi or other regional languages in High Courts.

So far, only Hindi is authorised in the four HC jurisdictions; other regional languages like Tamil, Kannada, Malayalam
etc. are not permitted at higher judicial levels .

Supreme Court remains English-only: e.g., an elderly litigant was told “language of this court is English” when he began
arguing in Hindi. He was provided legal aid to proceed .

📰 3. Recent Issues Highlighted in Media & Reddit

✴️ High Courts and Regional Language Push

Pasters Lawyers in Bihar HC insisted on using Hindi, but judges unfamiliar with it led to hearings in English—a point of
friction .

Allahabad HC (Sept 2024)—Justice Krishan Pahal encouraged advocates to use Hindi in court where possible, pointing
out no rule prohibits plaints in Hindi .

✳️ Subordinate Courts and Local Language Enforcement

In Bangalore district court, a litigant was required to sign an affidavit in Kannada without translation, despite not
understanding the language. He had to rely on an advocate to read it out—highlighting exclusionary practice by local
courts .

✳️ Judicial Commentary from the Bar/Public

A Madras HC judge admitted not knowing Hindi and said he would keep referring to laws by their original English
acronyms (IPC, CrPC) rather than newly named Hindi equivalents (e.g. Bharatiya Nyaya Sanhita) — illustrating the
practical disconnect with Hindi labels .

Public discussion on Reddit included comments such as:

> “If you cannot understand their language ... then you have serious issues ... sorry, but you are not eligible”
and
> “Even though courts might allow local languages, lawyers are looked down on if they don’t speak English fluently”—
reflecting cultural bias within legal circles .

✳️ Policy-Level Calls for Regional Language Inclusion

Union Law Minister Kiren Rijiju (May 2023) stated regional languages (e.g. Marathi in Maharashtra) should be used in
courts, referencing existing instant transcription and translation infrastructure in some High Courts .

Chief Justice D.Y. Chandrachud repeatedly urged teaching law and translating judgments in regional languages to
improve access to justice. He noted over 37,500 SC judgments have been translated into Hindi to aid comprehension by
ordinary citizens .

SC Justice P.S. Narasimha pushed for Telugu arguments in district courts and unveiled AI translation tools (“Panini”,
“Shruthi”, “Saransh”) to facilitate regional language usage in the judiciary .

️ Summary Table

Topic Status Example

Permitted in HC Only Hindi in 4 High Courts: Rajasthan, MP, UP, Bihar
Other regional languages Not yet allowed in High Courts
Subordinate courts Often use local language—can cause exclusion
Supreme Court & most HC English-only; policy upheld in recent instances

Judicial advocacy Some judges and CJI advocating for regional use
Practical conflict unfamiliar with regional languages, lawyers forced to
argue in English

️ Key Takeaways & Concerns

1. Access to Justice: Non-English-speaking litigants struggle in courts where English predominates.
2. Cultural Bias: Even permitted languages (e.g., Tamil or Kannada regionally) may invite stigma for being non-English.
3. Judicial Hesitation: Judges often decline regional language arguments due to lack of familiarity.
4. Technology & AI Solutions: New tools (e-file systems, AI translation) are being adopted, but implementation remains
uneven.
5. Policy Momentum: Government and judiciary voices support more multilingual inclusion, yet legal authorisations
remain restrictive.

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📄 Language Conflicts in Indian Courts: Judges vs Advocates (With Latest Developments & News)

1. ⚖️ Landmark Judicial Language Conflict Cases

Madhu Limaye v. Ved Murti (1971): Advocate argued in Hindi in the Allahabad HC; the court held English is mandatory
unless the Governor and President authorize Hindi under Article 348(2) and Section 7 of the Official Languages
Act, 1963.

Hindi Hitrakshak Samiti v. Union of India (1990): SC rejected a PIL for Hindi in higher courts, reaffirming English as the
default unless presidential authorization is granted.

K.K. Bhaskaran v. State of Tamil Nadu (1994): Advocate argued in Tamil in the Madras HC; denied due to lack of
Presidential authorization.

2. 📜 Constitutional & Legal Framework

Article 348(1): All proceedings in Supreme Court and High Courts must be in English until law provides otherwise.

Article 348(2) + Official Languages Act, Section 7: Regional languages (e.g., Hindi) can be permitted in High Courts with
Governor recommendation and President approval.

3. ️ Latest Legal Position (as of 2025)

So far, only four High Courts—Rajasthan, Madhya Pradesh, Uttar Pradesh, and Bihar—have official authorization to use
Hindi in proceedings.

No High Court has received authorization for other regional languages like Tamil, Kannada, Malayalam, etc.

Supreme Court remains English-only, with uniformity upheld across benches.

4. 📰 Recent Developments & Newspaper Highlights

SC Judgment Upholding Urdu Display (Apr 15, 2025): In Mrs. Varshatai v. State of Maharashtra, the Supreme Court
upheld the display of Urdu alongside Marathi on a municipal signboard in Akola, emphasizing that language is a tool for
communication, not division .

SC Translating Judgments into Regional Languages: Justice Abhay Oka confirmed that thousands of SC judgments have
been translated into major regional languages recently to enhance access to justice .

CJI DY Chandrachud on Legal Education: Urged adoption of legal education in regional languages and highlighted that
over 73,000 SC judgments have been translated to facilitate wider understanding .

Madras HC Language Policy in Limbo: After legislative changes and court rulings over Tamil usage in subordinate
courts, uncertainty remains regarding which language(s) are used in daily proceedings .

Debate over Hindi Imposition in Haryana: Experts warned that making Hindi the sole court language in subordinate courts
could disrupt justice delivery, despite the Governor recommending Article 348(2) approval .

Language Policy and National Identity: Analysts argue India's pursuit of a national language may conflict with its
economic objectives, highlighting the need to maintain English alongside regional tongues for global competitiveness .

5. ️ Summary & Key Trends

Topic Current Status / Example

Permitted HC languages Hindi authorized in 4 High Courts
Other regional languag Not authorized in High Courts
Subordinate courts Regional languages used variably, causing exclusionary
issues
Supreme Court proceedings English-only policy firmly upheld
Judicial advocacy CJI and Judges actively push for multilingual access
(translations, education)
Practical conflicts unfamiliar with local languages; litigants struggle with
English
Policy momentum Translation tools & AI support growing; broader regional
inclusion advocated
CASE4
Here's a detailed answer on Judge and Advocate Language Conflict Cases in India, their latest legal position, and how
these raise ethics-related issues in the legal profession:

️ 1. Language Conflict Between Judges and Advocates in Indian Courts

⚖️ Nature of Conflict:

Judges from non-local regions often do not understand the local language (e.g., Tamil, Kannada).
Advocates and local bar associations sometimes insist on using regional languages as a right and to promote access to
justice.
Judges insist on English (or Hindi where authorized) as per constitutional and statutory mandates.

🔍 Landmark Cases:

Case Court Issue Decision

Madhu Limaye v. Ved Allahabad HC Advocate used Hindi; judge English mandatory under
Murti (1971 insisted on English Article 348(1) unless
permitted.
Hindi Hitrakshak Samiti v. Supreme Court Sought Hindi in SC and Rejected; English required
UOI (1990) HCs. for uniformity.
K.K. Bhaskaran v. State of Madras HC Wanted to argue in Tamil. Denied – no presidential
Tamil Nadu (1994) consent.
Recent 2023 Patna HC Patna HC Advocate attempted to Directed to use
Incident argue in Magahi. Hindi/English.

📜 2. Latest Legal & Constitutional Position (as of 2025)

✅ Constitution & Statute:

Provision What it Says

Article 348(1) All Supreme Court & High Court proceedings must be in English.
Article 348(2) Governor + President can permit use of Hindi/regional language in High Courts.
Section 7, Official Languages Act, 1963 Operationalizes Article 348(2).

✅ Currently Allowed Regional Languages in HCs:

Only 4 High Courts are authorized to use Hindi:

Rajasthan
Madhya Pradesh
Uttar Pradesh
Bihar
Other regional languages (Tamil, Marathi, Kannada, etc.) are not yet permitted in High Courts.

⚠️ 3. Ethical Issues in the Legal Profession Arising from Language Conflicts

1. Access to Justice vs. Language Barriers

Violation of Rule of Law: Litigants who don't understand English are disadvantaged.
Example: Illiterate or rural litigants can't follow proceedings if only English is used.
Ethical Question: Should advocates prioritize their client’s understanding over court formalities?

2. Professional Courtesy and Respect

Judges and advocates must maintain mutual respect regardless of linguistic background.
Conflicts over language may escalate to contempt or strike actions (e.g., Gujarat Bar protests).
Bar Council of India (BCI) Rules demand respectful behavior toward courts (Chapter II, Part VI).

3. Advocate’s Duty to Court vs. Client

Advocates are ethically bound to explain proceedings to clients in a language they understand.
When courts insist on English, it hinders this ethical duty unless translation is arranged.

4. Judicial Impartiality and Bias

If judges dismiss or ridicule arguments in a regional language, it may show bias.

Ethical norms under Restatement of Judicial Values emphasize equal treatment and dignity to all.

5. Inequality in Legal Education

Advocates from non-English-medium backgrounds are seen as “less competent.”

This leads to elitism and violates ethical ideals of equal opportunity in the profession.

6. Use of Language as Political Tool

Some advocates use regional language demands for regional identity politics, not genuine access concerns.

Such conduct undermines professional neutrality and may violate BCI's ethical codes.

️ 4. Suggested Ethical & Legal Reforms

Reform Benefit
Introduce certified court interpreters in all High Courts Enhances accessibility
Permit oral arguments in regional languages (with Balances tradition and inclusion
translation aid)
Legal education in vernacular languages Empowers more ethical and inclusive practice
AI tools for real-time translation Reduces dependency on a single language
Mandatory language training for judges posted to other Improves sensitivity and communication
states

🔚 Conclusion: Ethics Meets Language

The language conflict in Indian courts is not just a constitutional or procedural issue—it strikes at the heart of legal ethics:
Are we ensuring justice for all, or just for English speakers?
Are advocates and judges upholding their duty to respect litigants’ dignity and comprehension?
Are lawyers empowering or alienating clients by sticking rigidly to English?
True professionalism in law demands linguistic empathy, ethical clarity, and systemic reform.
CASE5
Here is a comprehensive and elaborated note on the topic:

Judge and Advocate Language Conflict Cases in India and Their Influence on the Concept of “Language of Court vs
Language of People” — An Ethical Dilemma in Legal Profession: Indian Perspective

I. Introduction

India’s legal system is rooted in a colonial past where English was adopted as the principal language of higher judiciary.
Despite constitutional promises of inclusivity and diversity, the language of the court continues to be alien to a vast
majority of the population. This linguistic disconnect between judges, advocates, and litigants raises significant ethical,
constitutional, and practical concerns. The conflict between judges and advocates over the permissible language of court
proceedings further intensifies the ethical dilemma in the legal profession, especially in the context of access to justice,
fairness, and equal representation.

II. Legal and Constitutional Background

1. Constitutional Provisions

Article 343: Hindi is the official language of the Union; English to continue for official purposes.
Article 348(1)(a): All proceedings in the Supreme Court and High Courts to be in English unless Parliament provides
otherwise.
Article 348(2): Authorizes Governor (with President’s consent) to permit use of Hindi or regional language in High Court
proceedings.

2. Official Languages Act, 1963

Section 7: Allows use of Hindi or other regional languages in High Courts upon Presidential notification.

3. Advocates Act, 1961 – Section 32

A non-advocate or party in person may appear with the permission of the court, theoretically promoting linguistic self-
representation.

III. Judge and Advocate Language Conflicts: Real-Life Examples

**1. Gujarat High Court, 2024:

A lawyer requested to argue in Gujarati, citing emotional ease and local comprehension. The presiding judge denied the
request, reaffirming the use of English as mandated by Article 348. This sparked protests among bar members.

2. Allahabad High Court, 2010:

Judges restricted advocates from arguing in Hindi, prompting a bar boycott. The issue was later resolved through
administrative clarification.

3. Madras High Court Debate (Ongoing):

Continuous demands by Tamil Nadu government and bar associations to permit Tamil in High Court proceedings have
met resistance due to Article 348 restrictions.

IV. Ethical Issues in Legal Profession Arising from Language Conflict

1. Access to Justice
The ability to understand and participate in legal proceedings is a basic human and constitutional right. Language barriers
violate Article 21 (Right to Life) and Article 14 (Equality Before Law).

2. Right to Effective Representation

Lawyers unable to argue in their mother tongue may:

Fail to express complex or emotional arguments.
Be at a disadvantage compared to English-speaking peers.
Risk violating their duty of competence under Bar Council of India rules.

3. Disempowerment of Litigants

Litigants may:
Be unaware of the legal arguments made on their behalf.
Sign documents or give statements in a language they don’t understand.
Feel disconnected and excluded from their own cases.

4. Ethical Obligations of Judges and Lawyers

Judges are ethically bound to ensure a fair hearing. Refusing to understand or accommodate language needs may amount
to judicial insensitivity.

Lawyers must communicate effectively with clients and represent them without compromise. Language limitations
challenge their professional responsibility and integrity.

V. Language of Court vs Language of People: An Ethical Dilemma

Aspect Language of Court (English) Language of People (Regional)

Accessibility Limited to educated elite Understandable to common people

Efficiency Standardized, procedural Flexible, emotionally resonant

Representation Often indirect and abstract Direct and participatory

Ethics Raises inclusivity concerns Enhances dignity and transparency
Justice Delivery Procedurally smooth but exclusive Substantively fair and inclusive

VI. Latest Position and Judicial Response

1. Supreme Court’s Inertia

Despite recognizing diversity, the apex court has been reluctant to change the language regime. It continues to function
exclusively in English.
2. Central Government’s Position
The Union Ministry of Law and Justice has periodically rejected state proposals to introduce regional languages in High
Court proceedings, citing the need for uniformity and inter-state transferability of judges.
3. E-Courts and Translation Efforts
Under the e-Courts Project, judgments are now being translated into regional languages for public access. However,
courtroom proceedings remain primarily in English.
4. Recent Developments (2023–2024)
Tamil Nadu and Uttar Pradesh have reiterated their request for using regional languages in High Courts.
Bar Council of India proposed forming a language commission to address ethical and access issues tied to language.
VII. Way Forward: Bridging the Ethical Divide
1. Institutional Multilingualism
Courts must promote bilingual or trilingual functioning, especially in lower and High Courts.
2. Training and Recruitment
Judicial officers and advocates should receive language training to handle cases in regional languages.
3. Legal Education Reform
Law schools should incorporate regional legal terminology and promote legal literacy in vernacular languages.
4. Ethical Directives
The Bar Council and Judiciary should issue guidelines on language inclusivity, ensuring no advocate is penalized for
using their native tongue.
5. Litigant Empowerment
Use of interpreters, translated documents, and regional legal aid services must be institutionalized.

VIII. Conclusion

The conflict between the language of the judiciary and the language of the people is not merely a procedural
inconvenience—it is an ethical crisis. It questions the inclusivity, fairness, and humaneness of the Indian legal system.
While uniformity in legal language has its administrative advantages, it should not come at the cost of marginalizing
voices, limiting representation, or compromising justice. A responsive, multilingual judicial system is not only a legal
necessity but a moral imperative in a diverse democracy like India.

CASE 6
Here's an elaborated note on “Language of Court vs. Language of People: An Ethical Dilemma in the Legal Profession
(Advocates) – Indian Perspective”, which explores the legal, ethical, and societal challenges arising from language use in
Indian courts:

Language of Court vs. Language of People: An Ethical Dilemma in the Legal Profession

(Indian Perspective – with focus on Advocates)

I. Introduction

India is a multilingual nation, with the Constitution recognizing 22 official languages under the Eighth Schedule and
hundreds of dialects spoken across its vast geography. Despite this linguistic diversity, the language of the higher
judiciary (Supreme Court and High Courts) remains primarily English, while lower courts function in regional languages.
This divergence between the language of the people and the language of the courts has posed serious ethical and
accessibility dilemmas, especially for advocates tasked with representing clients who often do not understand the
proceedings.

II. Constitutional and Legal Framework

Article 343 to 351 of the Indian Constitution deal with the official language.

Article 348(1): Proceedings in the Supreme Court and High Courts are to be conducted in English.

Article 348(2): The Governor, with the President's consent, may allow the use of Hindi or any regional language in High
Court proceedings.

Section 7 of the Official Languages Act, 1963: Enables regional language use in High Courts with presidential consent.
Section 32 of the Advocates Act, 1961: A person may appear in person (without a lawyer), but comprehension becomes a
barrier if they don't understand English.

III. Ethical Dilemma for Advocates

1. Duty to Client vs. Duty to Court

Advocates have an ethical obligation to serve their clients' best interests. However, when the client doesn’t understand
English, and proceedings are in English:

The right to fair hearing is compromised.

Advocates face challenges in simplifying and translating legal jargon.

Trust deficit may arise if clients feel alienated.

2. Lack of Language Parity

Many advocates from rural or non-English backgrounds are disadvantaged in higher courts where English dominates:

It limits access to justice for clients who wish to appoint such advocates.

Raises the ethical issue of equal opportunity within the profession.

3. Miscommunication and Misrepresentation

When a litigant speaks only a vernacular language:

There is risk of incorrect translation or loss of nuance, leading to misrepresentation.

Advocates may face moral conflict in representing such clients without proper interpretation facilities.

IV. Illustrative Case Laws & Examples

M. Veerappa v. Evelyn Sequeira (1988) – Reiterated that proceedings in High Courts should be in English unless
otherwise authorized.

Union of India v. Dr. M. Selvakumar (2020): Reaffirmed Article 348 requirements; refused regional language in High
Court despite demand.

K.K. Bhaskaran v. State of Kerala (2007): Highlighted the problem when lower court proceedings were in Malayalam and
the High Court record was in English—pointing to translation issues and loss of context.

2023 Allahabad High Court Case: Advocate filed petition in Hindi in High Court, which was rejected as per Article 348 –
reignited the debate on the elitism of English in courts.

V. Impact on Access to Justice

Litigants from marginalized groups suffer the most due to language barriers.

Often rely blindly on advocates or are unable to participate meaningfully in their cases.
This contradicts the principle of natural justice – “audi alteram partem” (hear the other side).

VI. Recent Developments & Policy Measures

Use of regional languages allowed in some High Courts (e.g., Rajasthan, Madhya Pradesh, UP) with Presidential assent.

E-Courts Project: Translation of judgments into vernacular languages is underway.

Bar Council of India and Law Commission have emphasized legal education in vernacular languages.

AI translation tools and Supreme Court’s “SUVAAS” (Supreme Court Vidhik Anuvaad Software) aim to bridge the gap.

VII. Ethical Recommendations for Advocates

Promote Bilingual Competence: Learn both English and local languages to serve clients better.
Demand Court Interpreters: Advocate for competent interpretation services in courts.
Ensure Client Comprehension: Translate legal procedures and outcomes clearly to clients.
Support Language Reforms: Participate in Bar Associations’ efforts to democratize court language.
Pro Bono Language Support: Help illiterate or vernacular-speaking clients understand their rights.

VIII. Conclusion

The language divide between courts and people in India poses an ethical challenge to the legal profession, especially to
advocates who act as the bridge between law and society. While the judiciary seeks uniformity and legal clarity through
English, linguistic elitism undermines participatory justice. The way forward is a multi-pronged approach: legislative
change, judicial sensitivity, legal education in local languages, and advocates’ ethical commitment to accessibility and
fairness.

IX. Suggested Topics for Law Students or Further Research

Role of language in ensuring procedural fairness in Indian courts

Comparative analysis of court language policies in multilingual countries
Role of AI and technology in breaking language barriers in legal systems
Language rights as part of human rights and legal ethics in India