The Union Government informed the Madras High Court on Wednesday that the Hindi names given to three new criminal laws were not unconstitutional. This came in response to a plea challenging the constitutionality of these names.
Additional Solicitor General ARL Sundaresan told the bench of Acting Chief Justice R Mahadevan and Justice Mohammed Shaffiq that Parliament had named the laws based on its own judgment. Unless proven inherently illegal or unconstitutional, these names should not be interfered with.
“It’s a decision of Parliament. We all elect Parliament and lawmakers who, based on their wisdom, have named these laws. Their intent is reflected in these names. If it violates the constitution, then it can be discussed. But no rights are being affected,” Sundaresan stated.
The petitioner’s counsel cited Article 348 of the Constitution, arguing that all authoritative texts must be in English. He emphasized that the names of these laws, being authoritative texts quoted frequently by lawyers, should also be in English.
In response, the ASG countered that the names were indeed in English letters and over time, both the public and legal professionals would become accustomed to them. He further argued that these names did not infringe upon anyone’s fundamental rights, which would necessitate court intervention.
Regarding the interim relief sought by the petitioner to restrain the Home Secretary from implementing the laws, the ASG argued it was not maintainable.
The court advised the petitioner against pressing for interim relief and noted a similar case pending in the Kerala High Court. It decided to wait for developments in the Kerala case and adjourned proceedings.
“We’ll refrain from commenting for now. We’ll reconvene on the 23rd after the Kerala case on the 22nd,” the court stated before adjourning.