• November 27, 2022
  • ychan
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The law is made by (help) language. The law is controlled by logic. It is a recognized fact that the work of the lawyer is related to words. Words are not only instruments of thought, but they also control them. Developers adopt a language that makes its interpretation and construction strong. Many researchers have recommended making English the national language in India. But English cannot be our national language, although it plays an important role in our social life and has strengthened our freedom movement because it is neither our language nor our culture. Language ensures communication within society. The law regulates conflicting interests in society and contributes to the existence of society, while language also creates peace and harmony in society; The law cultivates a (good) auspicious atmosphere. Law as a social arrangement is an important instrument of social control and its ultimate goal is social welfare. The problem of lingua franca is still not solved in India.

Even after 7 decades of independence, the national language remained a conflicting interest. Whenever there is a proposal for the national language, the agitation is started. This is due to the uncertainty of citizens and also to the manipulation of political leaders. [9] H.M. Seervai, Official language, Constitutional Law of India, Vol 3, 4 ed., Delhi: Universal Book Trust, p.2581, 2008. Regional languages: Articles 345 to 347 provide for the recognition of regional languages by States in official functions. These articles become important because India has been redesigned on a linguistic basis and therefore regional languages are important in all states. Article 345 gives the State the power to choose and adopt any regional language for its official use. Such a language may or may not appear in the Eighth Schedule. Even until such a law is passed, English will be the language of this state. Subhash Vijayran (a lawyer) recently filed a PIL with the Supreme Court (Subhash Vijayran vs Union of India).

He wants the legislature and executive to use plain English when drafting laws, the Bar Council to introduce simple English curricula, and the Supreme Court to allow only concise and accurate pleadings. It begins the summary of the request as follows. “Most lawyers write: (1) verbose, (2) unclear, (3) pompous, and (4) boring. We use eight words to say what can be said in two. We use obscure phrases to express everyday ideas. In response to the complaint, the Supreme Court asked the Ministry of Law and Justice and the Bar Council to respond. Everyone will sympathize with Vijayran. But he avoided mentioning the judiciary, although lawyers sometimes become judges. The problem of multilingualism has been tackled in Europe through the European Charter for Regional or Minority Languages. It is a European treaty adopted by the Council of Europe in 1992 for the protection and promotion of historic regional and minority languages in Europe. The measures that may be taken by States parties to protect and promote historic regional and minority languages are set out in the Charter.

Only a few of the many languages covered by the European Charter for Regional or Minority Languages are Greek, Russian, Romani, Czech, Hungarian, Italian, German, Polish, Turkish, Serbian, etc. Thus, the Charter guarantees the right of speakers of minority languages to use their language freely and without restriction. It is interesting to note that this treaty was not signed by the France for fear of disintegration and division of the country. While the provisions for languages to be used in the legislature are provided for in Articles 120 and 210, the languages to be used by the judiciary and the executive have been set out in Part XVII of the Constitution of India. However, it was a small problem. The key question to be addressed beforehand was which language should be chosen as the official language of the country. Dr. Rajendra Prasad, Speaker of the Constituent Assembly, explained the importance of the national language. Most members of the Constituent Assembly wanted to realize the dream of Mahatma Gandhi, who believed that there should be a national language that would give the nation its own identity. Dr. N.G. Ayyangar said in one of his speeches to the assembly: “There is one thing on which we have unanimously decided that we should choose one of the languages of India as the common language of all India, the language that should be used for the official purposes of the Union.” [7] Eighth list: The eighth list is the result of the Munshi-Ayyangar formula, which recommended that the Language Commission include all regional languages to give them equal respect and avoid their being ignored.

The eighth list contains the names of languages recognized as official languages. Two languages have recently been replaced by 92. Amendment[21] and there are currently twenty-two languages in the list. This schedule serves two purposes: a landlord attempted to evict a tenant. Although India has not succeeded in adopting a single language as an official language, the policy of bilingualism has contributed in one way or another to restoring social harmony and national unity with regard to language. Gandhi considered the distance between the English language and official offices to be of national importance. He wrote: “We should no longer neglect our own language. The English insist on speaking their mother tongue and using it for all their purposes. Let us do the same and elevate Hindi to the status of a national language. [38] Article 349 provides for a special procedure for the adoption of certain language laws, whereby the President approves the introduction of a language bill only after consideration by the Commission and the committee established under Article 344.

As Hindi is not considered suitable for replacing English, its development has been provided for in Article 344, which provides for the establishment of an Official Languages Commission to make recommendations to the President on the progressive nature of the Hindi language for the official purposes of the Union. Language to be used in court and for laws, bills, etc.