Language Reforms In The Indian Legal Education System

Legal education is a key instrument in boosting justice delivery, noting that both passion and professional competence are introduced to young minds through education.

Lord Macaulay recommended in 1835 to make English the main language of study so that an English-speaking minority loyal to the empire would be created. English was a pre-requisite for anyone working for the Government. This institutionalized the language and automatically created a barrier for the non-English-speaking public. The legacy of Macaulay's recommendation continues to influence the Indian legal education system today. English remains the dominant language in legal instruction, court proceedings, and legal literature.

This linguistic preference can be a disadvantage for students and legal professionals who are more proficient in regional languages. It creates a divide, where access to legal education and justice is unevenly distributed based on language proficiency. Addressing this issue requires comprehensive language reforms in the Indian legal education system. These reforms should aim to make legal education more inclusive and accessible to a broader population.

Is there a need for language reforms in the Indian Legal education system?

Yes, there is a need for language reforms in the Indian legal education system. Implementing these reforms would make legal education more accessible and inclusive, particularly for students who struggle with English. Studying law in regional languages can enhance understanding and engagement with legal concepts. Additionally, since many lower and regional courts conduct proceedings in local languages, training lawyers in these languages would lead to more effective representation. These reforms could also bridge the gap between legal education and the linguistic needs of the population, making legal services more approachable for those not proficient in English. Furthermore, law graduates proficient in both English and regional languages would have broader employment opportunities across various legal settings.

Is it possible to change the whole framework from English to any other language?

Changing the entire legal education framework in India from English to another language is not feasible due to the country's multilingual nature, with 22 officially recognized languages and numerous dialects, however, 97% of the population has one of the scheduled languages as their mother tongue. Selecting one language for legal education would be contentious and exclusionary, favoring its speakers while marginalizing others. For instance, although 40% of the population claims Hindi as its native language, the notion of Hindi language is different for many people coming under the 40% category. This linguistic diversity makes it challenging to adopt a single language for legal education without causing significant regional and linguistic disparities. Additionally, the historical use of English in legal documents, court proceedings, and academic resources further complicates any attempts to transition to another language entirely.

The legal system, including statutes, case law, and academic texts, has been developed primarily in English. Moreover, precedents evolved by the courts have been established in English. Considering that the meanings of certain words translated into the regional language would not have the same effect or wouldn’t be able to equally underline the gravity of the issue. Examples include, I bequeath and devise the rest, residue and remainder. This may lead to vagueness which in turn would make certain Acts void due to their language and structure. In State of Madhya Pradesh v. Baldeo Prasad, 1 S.C.R. 970 an inclusive definition of the word “goonda” was held to be vague, and the offence created by Section 4A of the Goondas Act was, therefore, violative of Article 19 and of the Constitution. Even a single vague definition makes the act moot.

Universities must diversify and become multidisciplinary. These multidisciplinary courses must have relevance to the core courses. A bilingual system may be adopted by private and public Law Schools where English would be the primary language accompanied with another regional language for explanations. The government’s insufficient focus on law and legal education is a key factor in discouraging law students. While the government prioritizes engineering and medicine as leading disciplines, it tends to overlook law as a significant and evolving field. The recently introduced National Education Policy 2020 marked a significant overhaul in India's education system. However, it did not encompass legal education. The government's insufficient focus on law and legal education is a key factor in discouraging law students. While the government prioritizes engineering and medicine as leading disciplines, it tends to overlook law as a significant and evolving field. This ultimately leads to poor financial planning by the state which makes the scope of incorporating such changes nearly impossible.