The Constitution of India
Article 348
Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc
(1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides —
(a) all proceedings in the Supreme Court and in every High Court,
(b) the authoritative texts —
(i) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State,
(ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or the Governor of a State, and
(iii) of all orders, rules, regulations and bye-laws issued under this Constitution or under any law made by Parliament or the Legislature of a State,
shall be in the English language.
(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.
(3) Notwithstanding anything in sub-clause (b) of clause (1), where the Legislature of a State has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislature of the State or in Ordinances promulgated by the Governor of the State or in any order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, a translation of the same in the English language published under the authority of the Governor of the State in the Official Gazette of that State shall be deemed to be the authoritative text thereof in the English language under this article.
Why this exists
At Independence, India's courts and legislatures operated largely in English, a legacy of British colonial administration, while the Constitution also promised to promote Hindi and recognize India's many languages. Article 348 was a practical compromise: it locked in English as the default authoritative language for higher courts and central/state legislative texts to ensure legal certainty, uniformity, and continuity, while leaving Parliament free to change this by law later and allowing limited, President-approved exceptions for using Hindi or local languages in High Court proceedings.
How courts read it
Courts have treated Article 348 as making English the constitutionally mandated authoritative language for higher judiciary proceedings and legislative texts unless Parliament legislates otherwise, and have emphasized that even where Hindi or another language is permitted in High Court proceedings under clause (2), the final judgment, decree, or order must remain in English to preserve clarity and uniformity across the national legal system. Courts have also clarified that clause (3)'s English translation, once officially published, is treated as legally authoritative, not merely a courtesy translation, which matters when interpreting laws originally drafted in a state language.
Common misconceptions
- Myth: States can freely use Hindi or local languages in High Court judgments once permitted.
Fact: Even with permission under clause (2), the actual judgment, decree, or order must still be written in English — only the proceedings (like arguments) can be in another language. - Myth: A law passed in Hindi by a state legislature isn't officially valid until translated.
Fact: The law is valid as passed; but under clause (3), the published English translation becomes the deemed 'authoritative text' for legal interpretation purposes. - Myth: This Article permanently mandates English forever.
Fact: The Article explicitly says this applies only 'until Parliament by law otherwise provides,' meaning Parliament can change the language rules by ordinary legislation.