Constitution & Law

Madras High Court Advocates Association challenges 1965 Cabinet decision on English as common language for Indian courts

Edition: 01 November 2026Published: 01 Nov 2026 · Updated: 01 Nov 2026UPSCSSC

In Brief

The Madras High Court Advocates Association has filed a public interest litigation petition challenging the constitutional validity of a 1965 Union Cabinet Committee decision that mandated English as the common language for the Supreme Court and all High Courts until Hindi could replace it. The petition contends that the restriction on regional languages violates Articles 14, 19, and 21 of the Constitution, and a First Division Bench will hear the case on November 2, 2026.

The 1965 Cabinet decision was based on recommendations from a Chief Justices' conference held in March 1965 under then Chief Justice P.B. Gajendragadkar, which warned that permitting regional languages in High Courts would fragment the judicial system and weaken its unitary character. The association notes inconsistency in the Centre's approach, citing that Hindi was permitted in Rajasthan High Court since 1950 and in High Courts of Uttar Pradesh, Madhya Pradesh, and Bihar since 1969-1972, while proposals from Tamil Nadu (2006, 2014), West Bengal (1997), Gujarat (2012), and Karnataka (2014) to use regional languages were rejected. The MHAA learned of the 1965 decision only in 2025 through a Right to Information request and seeks to advance Tamil Nadu's long-pending demand to make Tamil the official language of Madras High Court.

Source: The Hindu

#Madras High Court Advocates Association#Supreme Court

Expert Study NotesHIGHPrelims Only

Prelims Only

📌 Exam Angle

Learn the stated distinction and keep the two meanings separate. The CJI’s letter to the Ministry of Home Affairs (MHA) stated that the conference had recommended that the Supreme Court and all High Courts should have a common language, English should continue to be such common language “until in due course Hindi becomes rich and ripe enough to take its place” and that regional languages should not be introduced as languages of High Courts. On the other hand, Rajasthan High Court was permitted to use Hindi way back in 1950 itself and the States of Uttar Pradesh, Madhya Pradesh and Bihar had been allowed to use Hindi in their High Courts since 1969, 1971 and 1972 respectively pursuant to orders of the Governors under Article 348(2) and Presidential consent thereto.

⚠️ Key Concerns

Questioning as to how a new procedure of consulting the CJI could be introduced by way of an executive decision when Article 348(2) does not pescribe any such requirement, MHAA said, though it was not against any consultation with the judiciary, its grievance was actually against the requirement of such consultation being treated as the need to obtain mandatory consent from the CJI.

💡 Why It Matters

Use the stated distinction to avoid mixing up different meanings. MHAA has contended that the bar imposed on use of regional languages in High Courts violates Articles 14 (right to equality), 19 (freedom of speech and expression) and 21 (right to life) of the Constitution. On Article 348(2) of the Constitution which empowers the Governors, with the previous consent of the President, to authorise the use of regional languages in the High Court proceedings (but for judgements, decrees or orders passed by the court), the MHA said, the President would be justified in denying consent since the CJI as well as the Chief Justices of the High Courts were opposed to introduction of regional languages.

🔑 Must Remember

• CHENNAI The Madras High Court Advocates Association (MHAA) has filed a public interest litigation petition in the High Court challenging the constitutional validity of an Union Cabinet Committee’s 1965 decision that English should continue as the common language for the Supreme Court and all High Courts in the country until it could be replaced with Hindi. • The Cabinet Committee considered the note and approved it on May 21, 1965. • MHAA said, the Centre had shot down proposals sent by the Tamil Nadu government in December 2006 and June 2014 to permit the use of Tamil in the proceedings of the Madras High Court and the fate of a latest resolution passed by the Tamil Nadu Legislative Assembly on September 3, 2026 was not known yet.

📝 Key Terms

regional languagesArticle 348(2)Hindijudicial system

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