sekarreporter1: http://youtube.com/post/UgkxQx0v-mgdbM0z24-0EN1uI1BOIKsI1pZ3?si=S53l4xLn3XAlRPgJ [03/09, 12:23] sekarreporter1: A Historic Resolution – A Strong Appeal The people of Tamil Nadu, particularly the legal fraternity, must extend their firm support to the historic initiative undertaken by the Hon’ble Chief Minister of Tamil Nadu, Thiru. C. Joseph Vijay, to make Tamil the principal language of the Madras High Court
[03/09, 12:23] sekarreporter1: http://youtube.com/post/UgkxQx0v-mgdbM0z24-0EN1uI1BOIKsI1pZ3?si=S53l4xLn3XAlRPgJ
[03/09, 12:23] sekarreporter1: A Historic Resolution – A Strong Appeal
The people of Tamil Nadu, particularly the legal fraternity, must extend their firm support to the historic initiative undertaken by the Hon’ble Chief Minister of Tamil Nadu, Thiru. C. Joseph Vijay, to make Tamil the principal language of the Madras High Court, and must stand firmly with him in strengthening his hands in this endeavour.
During the colonial period, the administrative and judicial practices introduced by the East India Company and subsequently continued under British rule gradually established the dominance of English in the Indian judicial system.
On 21.05.1965, a decision of the Cabinet Committee resulted in an additional administrative practice requiring the consent of the Chief Justice of India in proposals seeking to use a language other than English in a High Court.
However, Article 348(2) of the Constitution of India provides that the Governor of a State may, with the previous consent of the President, authorise the use of the official language of the State in proceedings of the High Court. The Constitution does not prescribe the individual consent of the Supreme Court as a mandatory precondition for such use.
Therefore, the Central Government should reconsider and withdraw this additional administrative practice, which is not expressly prescribed by the Constitution. The Union Government under the leadership of Prime Minister Narendra Modi should withdraw the additional procedure introduced pursuant to the decision of 21.05.1965 and, following the procedure contemplated under Article 348(2) of the Constitution, directly consider the recommendation of the Government of Tamil Nadu and take the necessary steps for obtaining the previous consent of the President.
Since Hindi has already been authorised for use in the High Courts of Rajasthan, Uttar Pradesh, Madhya Pradesh and Bihar, Tamil should also be accorded an equal opportunity on the same constitutional basis.
Replacing colonial-era practices that entrenched the dominance of English with a meaningful place for Indian State languages in the judicial system would be a historic step towards linguistic equality, access to justice and the federal spirit of India.
The people of Tamil Nadu, and particularly every member of the legal fraternity, must extend their wholehearted support and undertake all possible legal and democratic efforts to strengthen the hands of the Hon’ble Chief Minister of Tamil Nadu, Thiru. C. Joseph Vijay, who has proposed and is taking forward this historic initiative.
Let us all stand united and firmly support this historic endeavour to establish Tamil as the principal language of the Madras High Court, as an alternative to the colonial-era judicial dominance of English.
By
S. Muthuraj, B.A., B.L., M.B.A., Ph.D.
Former Tamil Nadu Information Commissioner
