Plea challenges English-only rule, seeks Tamil in court proceedings

CHENNAI: The Madras High Court Advocates Association has moved the High Court demanding the optional use of Tamil alongside English in court proceedings and to quash the 1965 Cabinet policy restricting the use of regional languages in High Courts.

When the plea came up before the Bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan, the court was informed that a similar petition filed by the Association in Madurai was yet to be listed. The Bench adjourned the matter to next week.

The association, represented by its Secretary, S Arivazhagan, contended that the 1965 Cabinet decision was contrary to Article 348 (2) of the Constitution, which permits the use of a State official language in HC proceedings. It pointed out that while Hindi has been permitted in some High Courts, proposals from non-Hindi-speaking states to use regional languages have been rejected, thereby violating the right to equality under Article 14.

It argued that Article 348 (2) requires the President’s consent and the Governor’s authorisation and does not mandate the concurrence of the Chief Justice of India. Treating the opinion of the Chief Justice as a veto was contrary to the doctrine of separation of powers, it submitted.

Highlighting the language barriers faced by litigants in understanding court proceedings, the Association submitted that permitting regional languages was essential to ensure effective access to justice.

The Association challenged the continued application of the 1965 Cabinet policy, which treats judicial consultation as mandatory consent and retains English as the common language of High Courts until it is replaced by Hindi, while excluding regional languages. It has sought to quash the decision as unconstitutional and direct the State government to forward its 2006 and 2026 resolutions seeking permission to use Tamil in the High Court for the consent of the President