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What is Article 348 of indian constitution

 

🇮🇳 Article 348 of the Indian Constitution

Title: Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.


🔷 Explanation of Article 348:

Article 348 specifies the official language(s) to be used in the judiciary and for legislative documents at both the Union and State levels.


Clause-wise Breakdown:

🔹 Clause (1):

Unless otherwise provided by Parliament:

  1. Language of Supreme Court and High Courts:

    • Proceedings in the Supreme Court and High Courts shall be in English.

  2. Language of authoritative texts:

    • The authoritative texts of:

      • All Bills to be introduced in Parliament or State Legislature,

      • Acts, Ordinances, Orders, Rules, and Regulations issued by the President or Governors,
        shall be in English.

🔹 Clause (2):

  • Governor of a State may, with prior consent of the President, authorize the use of Hindi or any other State language in the proceedings of the High Court of that State.

🔹 Clause (3):

  • Parliament may by law prescribe use of Hindi or any other language for specified purposes.


🟢 Key Points:

Aspect Provision
Language of Court Proceedings English (by default) in Supreme Court & High Courts
Exception States can use Hindi/other languages in High Court proceedings with President’s consent
Language of Laws and Bills Authoritative versions must be in English
Power to Change Parliament can enact a law to prescribe a different language

📌 Purpose of Article 348:

  • Ensures uniformity and clarity in the legal system.

  • Prevents misinterpretation of laws across states.

  • Allows gradual shift to regional languages with checks and approval.


📝 Examples:

  • High Courts in states like Rajasthan, Madhya Pradesh, Uttar Pradesh, and Bihar use Hindi (with President's permission).

  • Supreme Court functions only in English.


Here is a comparison chart between Article 347 and Article 348 of the Indian Constitution:


🗂️ Comparison Chart: Article 347 vs Article 348

Aspect Article 347 Article 348
Title Special provision for language spoken by a section of the population Language to be used in the Supreme Court, High Courts, and for Acts, Bills, etc.
Main Focus Recognizing minority/regional languages within a State Prescribing official language of courts and legal documents
Applies To Linguistic minorities in a State Supreme Court, High Courts, Parliament, Governors, President
Who Acts President of India, on receiving demand from a substantial section of the population Parliament (can make law), President, Governor (with President’s consent)
Default Language Any regional/minority language based on demand English (for courts and legislation)
Exception If a large population demands, their language can be recognized officially Hindi/State language can be used in High Courts with President’s permission
Purpose To protect and recognize minority languages for official use within a state To ensure uniformity in the judicial system and legislation
Example Urdu allowed for official use in certain areas of Bihar Hindi permitted in High Courts of UP, MP, Rajasthan, and Bihar; Supreme Court uses only English

📝 Summary:

  • 🗣️ Article 347 = Ensures representation of minority languages in a State’s official functions.

  • ⚖️ Article 348 = Establishes English as the default language of law and justice, with room for change through legal provisions.