In a recent development, the Supreme Court of India rejected a Public Interest Litigation (PIL) seeking the inclusion of the Rajasthani language in the Eighth Schedule to the Constitution of India. The PIL was presented before a bench comprising Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra. The Court firmly stated that it could not issue a directive to include a language in the Eighth Schedule and advised the petitioner to approach the government for their grievance.
Background of the Case
The petitioner, Mr. Ripudaman Singh, had filed the PIL with the hope of obtaining constitutional recognition for the Rajasthani language, asserting its ancient lineage and distinct identity. However, the Court referred to a previous judgment in the case of Kanhaiya Lal Sethia & Anr. Vs. Union Of India & Anr. (1997) 6 SCC 573, where a similar matter was disposed of by a two-judge bench.
The Court’s Ruling
The bench, in line with its earlier stance, emphasized that the decision to include a language in the Eighth Schedule is a policy matter entrusted to the Union of India. Courts usually refrain from interfering in policy matters of the State unless there is a violation of the Constitution or any statutory provision or evidence of mala fides. Since no such infirmity was present in the case, the Court declined to entertain the petition and dismissed it.
The Petitioner’s Claims
Mr. Ripudaman Singh had presented arguments supporting the antiquity and rich literary heritage of the Rajasthani language, pointing out that it was recognized as an independent language in the census reports from 1901 to 1961. However, from 1971 onwards, it was considered a part or dialect of Hindi in the official census.
Prayers Sought by the Petitioner
The PIL sought two primary reliefs from the Union of India. Firstly, it requested the inclusion of Rajasthani in the Eighth Schedule to the Constitution. Secondly, it sought equal status, recognition, facilities, and allowances for Rajasthani, similar to other scheduled languages in the Eighth Schedule. The petitioner also urged the Union of India to refrain from categorizing Rajasthani as a dialect of Hindi in any official capacity and provide appropriate entitlements to the language.
Court’s Decision
The Supreme Court stood firm on its position, declaring that decisions regarding language inclusion in the Eighth Schedule fall under the domain of the constitutional authorities. Consequently, it could not issue a mandamus on this matter and thus dismissed the petition.
Conclusion
The plea for the inclusion of Rajasthani in the Eighth Schedule has been rejected by the Supreme Court, affirming that the decision lies with the appropriate constitutional authorities. Despite the petitioner’s arguments on the language’s ancient history and independent status, the Court maintained its stance on non-interference in policy matters of the State.
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