GUWAHATI: The Union Government defended the Hindi names of the three new criminal laws in response to a plea filed before the Madras High Court, challenging the constitutionality of these names. The laws in question have sparked a debate over the use of Hindi in their titles.
On Wednesday, July 3, Additional Solicitor General (ASG) ARL Sundaresan, representing the Union Government, asserted that the naming of the new laws was a matter of parliamentary wisdom and did not violate the Constitution. Addressing the bench, comprised of Acting Chief Justice R Mahadevan and Justice Mohammed Shaffiq, the ASG stated that unless the names were proven to be inherently illegal or unconstitutional, there was no ground for judicial interference.
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"It's the wisdom of the Parliament. All of us have elected the Parliament, and these lawmakers, in their wisdom, have named it. Their will is reflected in these names. If it's against the Constitution, that's a different matter. But no rights are being infringed upon by these names," Sundaresan argued.
The petitioner’s counsel argued that according to Article 348 of the Indian Constitution, all authoritative texts of laws should be in English. He contended that the names of the new laws, being part of the authoritative text frequently cited by lawyers and the judiciary, should also be in English to maintain consistency and accessibility.
In response, the ASG countered that the Hindi names were rendered in English letters, making them accessible and understandable. He also emphasised that with time, both the public and the legal fraternity would become accustomed to these names.
He further argued that the names of the laws did not infringe on any fundamental rights, thus not warranting court intervention. Moreover, the ASG contended that the interim relief sought by the petitioner, which aimed to restrain the Home Secretary from implementing the new laws, was not maintainable.
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The bench suggested that the petitioner refrain from pressing for the interim relief at this stage. The court noted the existence of a similar petition pending before the Kerala High Court and decided to await the outcome of those proceedings before making any further decisions.
"As of now, I don't want to say anything on this. We'll post it on the 23rd. The Kerala case is on 22nd. We'll post after that," stated the court, adjourning the case.
