Article 348(1)(a) is a foundational provision in the Constitution of India that mandates the language for the highest courts in the country. It is located in Chapter III of Part XVII, which deals with the Official Language. The provision states that, until Parliament legislates otherwise, all proceedings in the Supreme Court and in every High Court shall be in the English language.
The provision originated from the Constituent Assembly debates, where the draft article was introduced on September 12, 1949, and adopted on September 14, 1949. The constitutional framers included it as a pragmatic measure to ensure legal precision, uniformity, and consistency across the nation's judicial system, retaining the language that had been established for legal drafting during the British period.
The mechanism of Article 348(1)(a) establishes English as the default language for all judicial documentation, including pleadings, arguments, judgments, and decrees. This provision is closely connected to Article 348(1)(b), which similarly mandates that the authoritative texts of all Bills, Acts, and Ordinances passed by Parliament or State Legislatures shall also be in the English language.
A key related provision is Article 348(2), which acts as an exception for High Courts: it allows the Governor of a State, with the President's prior consent, to authorize the use of Hindi or any other official State language in High Court proceedings. However, this exception explicitly states that it shall not apply to any judgment, decree or order passed by the High Court, meaning the final judicial pronouncements must still be in English. The Official Languages Act, 1963, further provides the statutory basis for the continued use of English alongside Hindi. The core mandate of Article 348(1)(a) has remained unchanged since the Constitution's commencement in 1950.