The Chief Justice, the Chief Justice of the Uttarakhand High Court, said in his order that the officer who does not know English will be able to do justice with his responsibility?
An order of Uttarakhand High Court and this order on that order, this matter is in the news after the Supreme Court’s stay. The special thing is that the order of the High Court is from the Chief Justice, while the order of the Supreme Court has also come from the bench headed by the Chief Justice of India. ADM Vivek Rai appeared in the High Court for hearing in a case of panchayat elections. It has been said that he started putting his side in Hindi in front of the court.
On this, the Chief Justice not only angered but passed an order for the State Election Commissioner to investigate whether the officer who does not understand English would be able to do justice with his current responsibility? Officers of Uttarakhand reached the Supreme Court regarding this issue and they got relief from there.
Question of judiciary, administration and language
India is a country of diverse languages, where the Constitution has recognized 22 languages in the Eighth Schedule. Hindi is the official language of the country, while English has the status of co-raj language. The question of language in administrative and judicial works has always been a matter of debate. The order of Uttarakhand High Court intensified this debate. Let us understand in the light of the recent order of both the courts, what the rules and laws say in this case? What is the ground reality? What do experts say on this issue?
According to Article 343 of the Indian Constitution, Hindi is the official language of India. However, under Article 348, proceedings in the High Courts and Supreme Court are in English, unless the President is ordered otherwise. But for administrative work, the central and state governments can determine the language at their respective levels. In a Hindi -speaking state like Uttarakhand, the use of Hindi in administrative works is natural and constitutionally supported.
Is it mandatory to speak English?
It has not been clearly stated in any Indian law that it is mandatory for the officer to speak or write English. In the recruitment examinations of Indian Administrative Service, State Administrative Service or other government services, candidates are allowed to answer in any of both Hindi or English. Even after coming to service, the officers can work in the official language of their state, unless there is a special work in English.
Language question in judiciary
The language question in the judiciary is a bit complicated. The Supreme Court and High Courts usually use English, but under Article 348 (2) of the Constitution, the state governments can use Hindi or other regional languages in the High Court with the permission of the President. In the lower courts, only Hindi or local language is used.
Do your point in Hindi not against the constitution
In the order of the Uttarakhand High Court, the officer against whom an inquiry was ordered was the only fault that he expressed his inability to speak English in the court and presented his side in Hindi. This is neither against the constitution nor any law. The Supreme Court also made it clear by staying this order that the merit or disqualification of an officer cannot be decided on the basis of language, especially when it is communicating in the official language of the state.
Supreme Court advocate Ashwini Kumar Dubey also quoted the Constitution as saying that if any officer posted in Uttarakhand does not know Hindi, then the question may arise once, but keeping his point in Hindi is not a crime in any form. Probably in this light, the Supreme Court stayed the order of the High Court. He says, India is a country with linguistic diversity. Here the basis of language cannot be discriminated against. Hindi is also our official language. The language of Uttarakhand is also Hindi.
Language and administrative efficiency
The scale of administrative efficiency should not be a language, but should be effective, honesty and responsibility for the public. In a multilingual country like India, working in his mother tongue or official language of the officer does not reduce its efficiency. Rather, it brings the administration closer to the public. Knowledge of English is definitely an additional merit, but imposing its imperative is neither practical nor constitutional.
Inappropriate discrimination on the basis of language
Article 14 of the Constitution gives the right to equality. Discriminating against someone on the basis of language is against the spirit of the Constitution. If an officer is disqualified only because he cannot communicate in English, then it is not only unconstitutional, but also against social justice.
After the order of the Uttarakhand High Court and the Supreme Court’s stay, it has become clear that it is not mandatory for any official in India to speak English, especially in Hindi speaking states. Both the Constitution and the Law allow the officer to work in their official language.
The administration and the judiciary should not discriminate on the basis of language, but prioritize efficiency and responsibility towards the public. Knowledge of English is useful, but imposing its imperative is against the basic spirit of Indian democracy and constitution.
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