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21 August 2014

SC issued notice to government seeking response on amendment of Article 348 of Constitution

The Supreme Court of India on 19 August 2014 issued notice to the Union Government seeking its response to amend Article 348 of the Constitution of India. Article 348 states that all proceedings in the Supreme Court and all the High Court shall be done in English.
The notice was issued to the government by a Supreme Court bench comprising of Justice HL Dattu and Justice SA Bobde.
The notice was issued on a plea of lawyer Shiv Sagar Tiwari seeking Courts direction to the government to amend the Constitution for making Hindi official language for conducting court proceedings in higher judiciary. The petitioner in its plea said that use of English as an official language in higher judiciary is a legacy of British rule and it should be done away.
In his plea Tiwari also said, although Hindi in Devanagiri script is considered as an official national language as per Article 343, but unfortunately in Article 348 of Chapter III under Part XVII of the Constitution, it is provided that all the proceedings in the Supreme Court and High Court shall be in English.
Further, he argued that under Article 349 of the Constitution, the Parliament was bound to bring an amendment for change of language in the Supreme Court 15 years after the commencement of the constitution. However, the same has not been done till date and people are forced to use English in the apex court.

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