In a move aimed at making judicial proceedings more accessible to the general public, the Karnataka High Court on December 12, delivered a judgment in both English and Kannada. The landmark decision was made by a division bench comprising Justice Krishna S. Dixit and Justice C. M. Joshi in a case concerning the probate of a will (Nanjavudootha Swamiji v. Linganna).
Promoting Regional Language
During the pronouncement, Justice Krishna S. Dixit emphasised the importance of giving due recognition to the regional language. He remarked, “If Kannada is to survive, it must be given its due recognition. We want to set a new trend.” Justice C. M. Joshi echoed these sentiments, pointing out that English’s dominance in court judgments often alienates ordinary citizens.
“How will ordinary people understand if judgments are only in English? In England, legal proceedings were conducted in Latin until 1730, but they shifted to English to make the system accessible to everyone,” Justice Joshi observed.
Constitutional Provisions and Accessibility
The bench highlighted Article 348(1)(a) of the Constitution, which mandates English for High Court and Supreme Court proceedings but does not prohibit the use of regional languages. They explained that with the consent of the Governor and the Chief Justice, regional languages could also be incorporated into court proceedings.
The judges underscored the need for accessibility, noting that delivering judgments in Kannada would bridge the gap between the judiciary and the public. Justice Dixit further referenced poet Rabindranath Tagore, who wrote in both Bengali and English, as inspiration for their decision. The judges clarified that the Kannada judgment was not a mere translation but an original work.
Public and Legal Community Reaction
The initiative was met with appreciation from the courtroom audience, with advocates expressing hope that more judges would adopt similar practices. They saw this as a progressive step toward making the judiciary more inclusive.
Justice Dixit humbly stated, “We have done our part. Others may follow if they wish.”
Historical Context
This is not the first instance of a judgment being delivered in Kannada by the Karnataka High Court. In 2008, Justice Arali Nagaraj delivered a verdict in Kannada, an act publicly commended by then Chief Minister B. S. Yediyurappa in 2010.
A New Trend in Indian Judiciary
This step by the Karnataka High Court could pave the way for similar initiatives across other states, enhancing accessibility and promoting regional languages within the judicial system. As the bench noted, while English remains dominant, incorporating regional languages can make legal processes more inclusive and better understood by the common man.
