Urdu is acceptable but not Hindi: My Lords of the Supreme Court, what is the problem in accepting the languages of India
The Supreme Court on Tuesday (15th April 2025) dismissed a petition challenging the use of Urdu in the signboard of a municipality in Maharashtra. Describing Urdu as the best example of Ganga-Jamuni or Hindustani Tehzeeb, the Supreme Court said that language is part of the culture and it should not become a reason to divide people. At the same time, the apex court has declared English as the official language in court proceedings.
In the case of Maharashtra, the decision of the Bombay High Court was challenged in the Supreme Court. The Bombay High Court had allowed the use of Urdu on the signboard of the new building of the Municipal Council located at Patur in Akola district. This petition was dismissed by a division bench of Supreme Court Justice Sudhanshu Dhulia and Justice K. Vinod Chandran.
The bench said that the display of any additional language is not a violation of the Maharashtra Local Authority (Official Language) Act 2022. There is also no restriction on the use of Urdu in this Act. The Supreme Court noted that the purpose of using Urdu on the signboard is only ‘effective communication’. Therefore, the diversity of language should be respected.
Justice Dhulia said in his order, “The job of the Municipal Council is to provide services to the local community of the area and to meet their daily needs. If the people or group of people living in the area under the Municipal Council are familiar with Urdu, then there should be no objection to the use of Urdu at least on the signboard of the Municipal Council instead of the official language i.e. Marathi.”
Justice Dhulia said, “Language is a medium of exchange of ideas, which brings people with different ideas and beliefs closer. It should not become a reason for division between them. Let us make friends with Urdu and every language. Urdu is not foreign to India. It was born in India and it has developed here.”
The Apex Court observed, “The prejudice against Urdu stems from the misconception that Urdu is foreign to India. This opinion is wrong, because like Marathi and Hindi, Urdu is also an Indo-Aryan language. It is a language that was born in this country. Urdu developed and flourished in India due to the need of people belonging to different cultural environments.”
The apex court also said that the language used by the common people of the country is full of words of the Urdu language, even if one is not aware of it. The court said, “Everyday conversation in Hindi cannot take place without using Urdu words or words derived from Urdu. The word ‘Hindi’ itself comes from the Persian word ‘Hindavi’!”
It said that vocabulary is exchanged both ways as Urdu has borrowed many words from other Indian languages including Sanskrit. “Language is not religion. Language does not represent religion. Language belongs to a community, region, people and not to a religion. Language is culture. Language is a parameter to measure the civilization journey of a community and its people,” the bench observed.
The apex court further said, “Same is the case with Urdu, which is a fine example of Ganga-Jamuni Tehzeeb or Hindustani Tehzeeb. There is a mixed cultural nature of the plains of northern and central India. However, before becoming a means of learning a language, its first and primary purpose will always be communication.”
The court said, “When we criticise Urdu, we are in a way criticising Hindi also, because according to linguists and literary scholars, Urdu and Hindi are not two languages but one language. A barrier was created between Hindi and Urdu by fundamentalists on both sides and Hindi became more Sanskritised and Urdu more Persian.”
The court further said that the colonial powers took advantage of this division by dividing both the languages on the basis of religion. Now Hindi came to be considered the language of Hindus and Urdu the language of Muslims. It added that in reality this is an attempt to deviate from the concept of unity in diversity and universal brotherhood.
The court explained how Urdu is also used in court proceedings. Regarding this, the Supreme Court said, “Urdu words have a great influence on the language of the court, whether it is criminal or civil law. From court to affidavit and hearing, the influence of Urdu is clearly visible in the language of Indian courts.”
The Supreme Court also commented on the use of English in court proceedings. It said that according to Article 348 of the Constitution, the official language of the Supreme Court and High Courts is English, but even today many Urdu words are used in this court. These include Vakalatnama, Dasti etc.
Language of court proceedings is English: Supreme Court
At the same time, the Supreme Court clearly said that the language of court proceedings is not Hindi, but English. The Supreme Court said this in September 2024. Earlier in March 2023, the then Law Minister Kiren Rijiju had said that the Supreme Court would not use regional languages in court proceedings.
In fact, last year the Supreme Court had objected to a petitioner presenting arguments in Hindi. The apex court had stressed that the official language of the court is English. A bench of Justices Hrishikesh Roy and SVN Bhatti was hearing a special leave petition (SLP) filed against an order of the Allahabad High Court.
During the hearing, Justice Roy said, “This court conducts its proceedings in English. You appeared in person, and we did not interrupt you to fully state your point. There are two judges present. You cannot present arguments in Hindi without ensuring that the court understands your point.” After this, the petitioner presented his arguments in English.
This is not the first time that the Supreme Court has imposed a ban on language. In the year 2022, when a petitioner tried to present arguments in Hindi, Justices KM Joseph and Hrishikesh Roy reminded him that the language of the Supreme Court is English. In that case, a lawyer was appointed to assist the petitioner in presenting his arguments in the proper language.
In March 2023, the then Union Law and Justice Minister Kiren Rijiju had said that the Supreme Court did not accept the proposals of the governments of Tamil Nadu, Gujarat, Chhattisgarh, West Bengal and Karnataka, which asked to allow the use of Tamil, Gujarati, Hindi, Bengali and Kannada in the proceedings of the High Courts of these states.
In fact, Rijiju had given this in a written reply to the question of Villupuram MP D Ravikumar in the Lok Sabha. He said, “The advice of the Chief Justice of India was sought on these proposals and it was reported that the full court of the Supreme Court rejected the decision after due deliberation.” Rijiju had said that the central government is committed to making legal matters understandable to common citizens by translating orders and other legal material into regional languages. He said that the Bar Council of India under the Ministry of Law and Justice has constituted the ‘Indian Language Committee’ under the chairmanship of former Chief Justice of India SA Bobde.
What does the Constitution say about the language of the court
The Constitution of India mentions the language of proceedings in the Supreme Court and the High Court. Under Article 348 of the Constitution, all proceedings in the Supreme Court and the High Court will be in English until Parliament makes any other provision. This provision allows the use of Hindi or other regional languages in the proceedings of the High Court, but requires the prior consent of the President.
According to Article 348, the official texts of laws and judgments should also be in English. However, former Chief Justice DY Chandrachud had advocated conducting judicial education and proceedings in regional languages, so that the justice system could be made more accessible. He had emphasized the possibility for lawyers to present cases in their preferred languages.
After retirement, former CJI Chandrachud had further suggested that local languages can play an important role in improving justice delivery in the country. However, Chandrachud was the Chief Justice of India at the time when the government had sought the opinion of the Supreme Court for court proceedings in local languages in the High Courts.
If the language is unifying, then why doesn’t Supreme Court use vernacular languages
The Supreme Court has made several comments on Urdu signboards in Maharashtra, in which the language has been described as a unifying force. At the same time, the Supreme Court said that language is a medium of effective communication. In such a situation, the use of local language in the High Courts of local states and the use of Hindi language in the Supreme Court will connect the common man more with the judicial system.
It is believed that only 10 to 15 percent of the total population of India understands English. This number is also of urban areas. In rural areas, local languages, such as Tamil, Bengali, Kannada, Marathi, etc. are more understood.
It is clearly stated in the law that until the Parliament gives any alternative, English is the medium of court proceedings. In such a situation, Urdu is being described as a language that was born and nurtured in India and is being called its unifying language, whereas English is a foreign language which most people do not even understand, then why does the Supreme Court want to keep it as the medium of proceedings in the courts, this is the main question.
Actually, there is a misconception in India that people who speak English consider themselves to be elite class. They feel that they are far above the common Indians. In such a situation, the Supreme Court’s obsession with English will also try to establish this misconception further. In this country, every Indian has the right to know and understand the judicial system in his own language. Therefore, the Supreme Court should reconsider this.
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