The Tamil Nadu Legislative Assembly has unanimously passed a resolution moved by Chief Minister C Joseph Vijay urging the Union Government to take immediate steps to recognise Tamil as the principal language of the Madras High Court. The resolution seeks the establishment of procedures permitting petitions, documents and arguments to be presented in Tamil and for judgments, decrees and judicial orders of the High Court to be made available in Tamil.
The resolution specifically invokes Article 348(2) of the Constitution, which permits the Governor of a State, with the previous consent of the President, to authorise the use of Hindi or any other language used for official purposes of the State in proceedings of the High Court having its principal seat in that State. The resolution also refers to Section 7 of the Official Languages Act, 1963, which provides for the use of the State’s official language, in addition to English, in judgments, decrees and orders of a High Court, subject to the statutory requirements. Article 348(2) of the Constitution & Section 7 of the Official Languages Act, 1963 state that:
348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.
(2) Notwithstanding anything in sub-clause (a) of clause (1), the Governor of a State may, with the previous consent of the President, authorise the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in- that State:
Provided that nothing in this clause shall apply to any judgment, decree or order passed or made by such High Court.
7. Optional use of Hindi or other official language in judgments etc., of High Courts.
As from the appointed day or any day thereafter the Governor of a State may, with the previous consent of the President, authorise the use of Hindi or the official language of the State, in addition to the English language, for the purposes of any judgment, decree or order passed or made by the High Court for that State and where any judgment, decree or order is passed or made in any such language (other than the English language), it shall be accompanied by a translation of the same in the English language issued under the authority of the High Court.
The Assembly resolution further seeks a framework under which all judgments, decrees and judicial orders of the Madras High Court are made available in Tamil, besides facilities for filing petitions and documents and making oral submissions in Tamil. It also calls for training in legal Tamil and translation facilities for judges, advocates and court staff.
The resolution noted that Tamil is the official language of Tamil Nadu under the Tamil Nadu Official Language Act, 1956, and referred to Sections 4-A and 4-B of that Act, which provide for the use of Tamil in recording evidence and in judgments, decrees and orders in subordinate courts, tribunals, rent courts and revenue courts functioning under the jurisdiction of the High Court.
Earlier Resolution of 2006
On December 6, 2006, the Tamil Nadu Assembly unanimously passed a resolution seeking the use of Tamil in the Madras High Court and forwarded it to the Union Government. The proposal was subsequently referred to the Chief Justice of India, and the Supreme Court Full Court, after deliberations on October 11, 2012, decided not to accept it. The then Union Law Minister informed the Rajya Sabha of the decision in February 2018.
The resolution passed on September 3 also referred to the 2006 resolution, noting that the issue needs to be reconsidered in light of the technological developments since then. It therefore urged the Union Government to recognise Tamil as the principal language of the Madras High Court and establish appropriate procedures for filing and presenting petitions, documents and arguments in Tamil.