Tamil Judgments in Madras HC? Assembly Unanimously Backs Vijay’s Resolution

The Tamil Nadu Legislative Assembly on Thursday unanimously approved a resolution calling on the Centre to recognise Tamil as the principal language of the Madras High Court. Chief Minister C. Joseph Vijay moved the resolution in the House following Question Hour.

The resolution seeks the necessary legal and constitutional measures to facilitate the use of Tamil in the proceedings of the High Court, including the submission of petitions and documents and the presentation of arguments. It also proposes making court judgments, decrees and judicial orders available in Tamil.

While moving the resolution, the state government highlighted Tamil’s recognition as a classical language and its extensive linguistic, grammatical and literary traditions. It argued that the development of legal terminology in Tamil, along with advances in digital technology and translation systems, has created favourable conditions for expanding the language’s role in the judiciary.

The resolution also pointed to the availability of e-Courts infrastructure, legal databases and modern translation technology, saying these facilities could help overcome practical challenges associated with using Tamil in the higher judiciary.

The Assembly referred to Article 348(2) of the Constitution, under which the use of a state’s official language in High Court proceedings can be authorised with the Governor’s approval and the President’s prior consent. The resolution also mentioned provisions of the Official Languages Act.

The government recalled that the Tamil Nadu Assembly had previously passed a resolution on December 6, 2006, seeking permission for Tamil to be used in the Madras High Court. The proposal was subsequently sent to the Union government but did not receive approval. The latest resolution also referred to the Supreme Court’s earlier refusal to entertain the proposal, while stressing that circumstances have changed with advances in technology and the development of Tamil legal terminology.

With the resolution receiving support from members across political parties, including the Opposition, the Assembly adopted it without dissent. The resolution will now be taken up by the Union government, which would have to initiate the required constitutional and legal process before Tamil can be formally recognised for use as the principal language of the Madras High Court.