The Supreme Court of India has recently dismissed a public interest litigation (PIL) that sought the inclusion of Rajasthani as an official language in the Eighth Schedule of the Indian Constitution.
The PIL was heard by a bench consisting of Chief Justice of India (CJI) DY Chandrachud, Justice PS Narasimha, and Justice Manoj Misra. The court asserted that the decision to include a language in the Constitution's Eighth Schedule falls within the purview of the government's policy domain rather than the judiciary.
The plea, filed by lawyer Ripudaman Singh, urged the court to include Rajasthani in the list of official languages by inserting it in the Eighth Schedule of the Constitution. However, the counsel for the Central government cited the Supreme Court's earlier judgment in the Kanhaiya Lal Sethia case to argue that decisions regarding the inclusion of languages in the schedule were policy matters.
The bench concurred with the government's stance, stating, "The relief being sought is to include the Rajasthani language in the Eighth Schedule. Advocate for the respondent has placed on record our judgment in the Kanhaiya Lal Sethia 1997 case. We are in agreement with the view. Whether a language should be included is a policy decision. We decline to entertain the petition."
Advocate Ripudaman Singh contended that the judgment cited by the government did not apply to this case and pointed out that the Central government's policy was in favour of including Rajasthani. He further emphasized that the issue had been pending for over 70 years.
However, the court emphasized that since the Union's policy was in favour of the petitioner's claim, it could not issue any directions. The bench also highlighted that other languages might have similar claims for inclusion and that decisions regarding languages in the democratic polity should be made by the executive branch.
The Eighth Schedule of the Indian Constitution contains the list of official languages recognized by the government. The court's decision not to entertain the PIL implies that the inclusion of Rajasthani as an official language remains a matter within the realm of the government's policy-making authority.
While the court has upheld the importance of linguistic diversity and recognition of regional languages, it has reaffirmed the role of the executive branch in making policy decisions on this matter. As India continues to celebrate its rich linguistic heritage, discussions on the recognition and preservation of languages will remain a relevant and significant aspect of the country's cultural identity.
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