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Question

Which article prescribes that all proceedings in the Supreme Court shall be in English language?

This question was previously asked in
CDS I 2019 Elementary Mathematics Previous Year Paper (03-Feb-2019)
The correct answer is

Article 348 of the Constitution of lndia

Article Specifying English for Supreme Court Proceedings

This question asks us to identify the specific constitutional article that dictates the use of the English language for all official proceedings conducted in the Supreme Court of India.

Constitutional Provisions on Court Language

The Constitution of India designates the official languages for proceedings in the highest courts. We need to find the article that specifically addresses the language requirement for the Supreme Court.

  • Article 348 is the primary constitutional provision concerning the language of the Supreme Court and the High Courts.
  • Article 145 outlines the rule-making power of the Supreme Court regarding its practice and procedure, but it doesn't set the fundamental language mandate.

Detailed Explanation of Article 348

Article 348: Language in Supreme Court and High Courts

Article 348(1) clearly states that, unless Parliament enacts a law otherwise, the English language shall be used for all proceedings in the Supreme Court and every High Court. This includes judgments, decrees, and orders passed by these courts.

The purpose behind mandating English is to maintain uniformity and ensure that the highest judicial body operates in a language widely understood in legal and administrative contexts across the nation, facilitating consistency and accessibility in judicial communication.

Why Other Options Are Less Relevant

  • Article 145 of the Constitution of India: While this article grants the Supreme Court the authority to make rules for its procedures, it does not establish the primary constitutional requirement for the language of proceedings. The language itself is governed by Article 348.
  • The Supreme Court Rules, 1966: These rules are subordinate legislation made under the powers derived from Article 145. They detail the procedural aspects but are bound by the constitutional mandate regarding language found in Article 348.
  • An Act passed by the Parliament: Parliament has the power under Article 348(2) to legislate on the use of languages in the Supreme Court and High Courts. However, the question asks for the article that *prescribes* the language, which is the constitutional provision itself, acting as the default rule.

Identifying the Correct Constitutional Mandate

Based on the constitutional text, Article 348 is the specific provision that prescribes the use of the English language for the Supreme Court's proceedings as the default language.

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