CE 0301 Legal Language and Legal Reasoning

Module 01 Legal Language in India

Brief History of Law in India

Law in India has changed and developed from religious rules to the present constitutional and
legal system. India has a long legal history starting from the Vedic period, and some form of
civil law system may have existed during the Indus Valley Civilization and Bronze Age. In
ancient times, law was mainly based on religion and philosophy. Rules and principles came from
the Vedas, Upanishads, and other religious texts. Hindu scholars and later Jain and Buddhist
thinkers also contributed to the development of law.

Secular laws in India differed from one region to another and also changed according to rulers.
Court systems for civil and criminal matters were important features of many dynasties in
ancient India. Well-organized court systems existed during the Maurya Empire (321–185 BCE)
and later under the Mughal Empire (16th–19th centuries). The Mughal legal system later gave
way to the present common law system.

Law in British-Ruled India

The common law system, which is based on previous judicial decisions and recorded legal
precedents, was introduced to India by the British East India Company. The company received a
charter from King George I in 1726 to establish “Mayor’s Courts” in Madras, Bombay, and
Calcutta (now Chennai, Mumbai, and Kolkata).

The judicial powers of the company increased after its victory in the Battle of Plassey. By 1772,
the company’s courts expanded beyond these three major cities. Gradually, the British replaced
the existing Mughal legal system in the areas under their control.

After the First War of Independence in 1857, the control of India shifted from the East India
Company to the British Crown. This brought major changes to the Indian legal system. Supreme
Courts were established to replace the Mayor’s Courts. Later, these Supreme Courts became the
first High Courts under the Indian High Courts Act of 1862.

The High Courts were given the responsibility of supervising lower courts and enrolling legal
practitioners. During British rule, the Privy Council in England acted as the highest court of
appeal. Cases were decided by legal experts of the House of Lords.
The state represented legal matters in the name of the British sovereign as Empress of India.
During the transition from the Mughal legal system, Indian advocates called “Vakils” continued
to represent clients. However, Indian lawyers were initially not allowed to practice in the newly
established Supreme Courts because only members of English, Irish, and Scottish legal
professions had that right.

Later, the Legal Practitioners Act of 1846 opened the legal profession to people regardless of
nationality or religion.

The British also began the process of codifying laws by forming the first Law Commission.
Under the leadership of Thomas Babington Macaulay, the Indian Penal Code (IPC) was drafted
and enforced in 1862. The same commission also drafted the Code of Criminal Procedure. Other
important laws introduced during this period included the Indian Evidence Act (1872) and the
Indian Contract Act (1872).

Law after Independence

After India gained independence, the Parliament of India began creating a Constitution that
would guide the country. The responsibility of drafting the Constitution was mainly given to B.
R. Ambedkar.

The legal profession played a major role in the freedom movement. Many important leaders of
the independence movement were lawyers. India’s first Prime Minister Jawaharlal Nehru and
Mahatma Gandhi were among them.

The Constitution of India became the supreme law of the country and acts as a guide for the
executive, legislature, and judiciary. It is detailed and aims to protect all sections of society.

The Constitution changed the legal system that was originally designed for colonial interests and
directed it towards social welfare. Through constitutional provisions and judicial interpretation,
special attention has been given to protecting weaker sections of society.

India follows an organic legal system based on the common law tradition. Through judicial
decisions and legislative actions, the legal system has been adapted according to Indian
conditions and needs. The Indian legal system has developed from a colonial structure into an
important part of the world’s largest democracy and plays a major role in protecting
constitutional rights for every citizen.
English as the Language of Law in India

Even though India has many languages and no single "national language," English is the main
language used in the highest courts and for writing laws. Here is why:

1. What the Constitution Says (Article 348)

When India's Constitution was written, the plan was to eventually switch official work to Hindi.
However, because the entire legal system was already built on English traditions, the writers
made a special rule:

 Supreme Court & High Courts: All official arguments and proceedings must be in
English.

 Laws & Bills: All official versions of laws passed by the government must be written in
English.

The government can change this by passing a new law, but they have chosen to keep it this way
to keep things running smoothly.

2. Where Other Languages Are Used

The legal system is like a pyramid, and English isn’t used everywhere:

 Local & District Courts: These courts use the local language of the state (like Hindi,
Tamil, or Marathi) so everyday citizens can understand their cases.

 High Courts: Four states (Rajasthan, Uttar Pradesh, Madhya Pradesh, and Bihar) have
permission to use Hindi for their arguments. However, the final, official written judgment
is still usually done in English.

3. Why the System Keeps English

The highest judges and legal experts have resisted changing this system for a few practical
reasons:

 Consistency: Judges across India need to read and follow each other's past decisions.
Having one common language stops the system from becoming disconnected.

 Moving Judges: High Court judges are often transferred to different states. A judge
moving from the South to the North wouldn't be able to do their job if all the files were
suddenly in a regional language they didn't speak.

 Exact Meanings: Legal words have highly precise meanings developed over hundreds of
years. Translating them into 22 different languages without losing the exact meaning is
incredibly difficult.
4. Modern Technology to the Rescue

Because most people in India do not speak English fluently, this system can make it hard for
citizens to understand the law. To fix this, the courts are using technology:

 AI Translation: The Supreme Court uses AI tools to translate thousands of English

 Local Vocabularies: Experts are creating official legal dictionaries in regional languages
so that local laws match the exact meaning of the English versions.

In short, English acts like the "software" that keeps the whole country's legal system working
together, while regional languages are being used more and more so that ordinary citizens can
understand their rights.