Lawfully yours: By Retired Justice K Chandru | Article 348(1)(b) of Constitution states all parliamentary laws must be in English

CHENNAI: Article 348(1)(b) of Constitution states all parliamentary laws must be in English

From laws to schemes, the central government under the BJP has been naming them in Hindi or Sanskrit, some of which are tough for a non-Hindi speaker to understand. I don’t know what ‘Sanhita’ in Bharatiya Nyaya Sanhita means. The affordable housing scheme for the rural poor is ‘Awas Yojana’. People call it the Prime Minister's housing scheme. Are there any legal provisions by which a person can claim the right to a nomenclature in the language of his/her state?

— N Bharathy, Anna Nagar

Every government run by a political party wants to take credit for schemes conceived and implemented by them. When Article 348 (1) (b) of the Constitution specifically states that all parliamentary laws must be in English, the newly enacted Indian Penal Code has been renamed Bharathia Nyaya Sanhita (BNS). When this was challenged before the Madras High Court, the lawyer for the Central government defended it saying "Names carry only among the 26 letters in the English alphabet and people will get used to the new names by the passage of time". Such is the extent to which they defy the Constitution. The benefit of a scheme must reach the people, and unless they understand it a party cannot reap real credit.

Move HC for a directive to magistrate to address delay in getting case numbered

In August, I filed a criminal petition in the Metropolitan Magistrate Court, Saidapet, after which the judge sent a summons to the police station concerned for inquiry. However, no case number has been assigned until today. When I brought this up during a hearing, the judge did not provide a reason. Is it reasonable for a case to remain without a case number for this length of time? My lawyer says it is better to file a complaint in the Bar Council after a criminal case number is assigned, as this will prevent the defendant’s lawyer from eliminating the Bar Council complaint. Is it possible to lodge criminal and bar council complaints at the same time?

—- Surendar

Many times, courts are hesitant to take action against a lawyer because the organised bar may start a protest. One way is to complain to the Bar Council, which is the sole mandated body to initiate action against lawyers for professional misconduct. But then it is an elected body by lawyers themselves and many times, peer leaders have failed to keep a check. The best way for you is to move the High Court for a directive to the magistrate to register your case and proceed in accordance with the law.