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Problems of Legal Language with Special Reference to India

Posted 27. November 2022 by Logistik-Express in Allgemein

In India, Sanskrit was the most widely spoken language in antiquity, introduced by the Aryans. After the conquest of India by Islamic rulers, Persian became a language in most parts of the country. Urdu gradually developed as a combined language of Persian and Sanskrit. Legal language permeates various segments of society. Some may have knowledge of the law and others may not. Communication between lawyers and legislators is also communication in itself. It can be found in the form of laws or permeability of laws. Legislators may not have the appropriate knowledge, but the author ensures that the laws are consistent with the intent of the legislator. Formal communication between judge and jury, judge and counsel, and client and lawyer also includes the use of legal language. The interaction of ordinary people through contracts, wills, statutes, notifications is also full of the use of legal language. Thus, not only people associated with the legal profession, but also ordinary people encounter the use of legal language. These regional languages gained importance after the reorganization of states on the basis of languages between 1956 and 1966.Although there is no specific explicit criterion for the inclusion of a language in the list, the following unwritten criteria are used: “History shows that India has been a multilingual country since time immemorial.

Each region has its own language in which it was the highest. But none of these regions really formed a monolingual kingdom and principality. India is a multilingual country. Thus, the fathers of our constitution felt the need to determine the languages to be used in the functions of the state. This gave rise to Part XVII of the Indian Constitution, which provides not only for the official language of the Union (Articles 343-344) and the official languages of the States (Article 345), but also for the language of intergovernmental communication (Articles 346-347), the language to be used in courts and legislative proceedings (Article 348). In addition to these provisions, there are also special directives (Articles 350 to 351). In fact, this chapter is based on the Munshi-Ayyangar formula and, therefore, the language policy has been provided in four parts: language of the Union, regional languages, court languages and special directives. Section 348 provides that the English language shall be used in judicial proceedings of the Supreme Court and the Supreme Court.

Article 351 gives special instructions for the development of the Hindi official language. Following Munshi – Ayyangar, the Formula 8 calendar was formulated. It contains 22 languages, the last two languages have been added as in the 92nd Amendment. It is very important for every lawyer to master the legal language (legal language), not only to interpret the case and the side of his boss in court, but also to read and interpret it for the non-expert or the average person who does not know the vocabulary used in the decrees of the regulation adopted by the court. It is also said that language proficiency is key to the legal profession. The competent use of legal language is important to the legal profession. Lawyers use this legal language on various occasions, such as: when discussing the meaning of the law, advising their clients, arguing in court, or questioning witnesses. Legal rights and obligations are created, modified and terminated by legal documents such as contracts or wills. The use of legal terms includes the language of judges and lawyers who rely on that language to communicate effectively and efficiently. Spoken legal language is used to persuade judges and win cases.

Therefore, if students learn legal language in law schools themselves, it will benefit them in the future if they continue their careers in this field. Language ensures communication within society. The law regulates conflicting interests in society and contributes to the existence of society, while language also creates peace and harmony in society; The law cultivates a (good) auspicious atmosphere. Law as a social arrangement is an important instrument of social control and its ultimate goal is social welfare. This article was written by Aayushi Gupta of Rajiv Gandhi National Law University, Punjab. This is a comprehensive article on what legal language is, what its characteristics are, and why there is an urgent need to improve legal language teaching in Indian law schools. However, it was a small problem. The key question to be addressed beforehand was which language should be chosen as the official language of the country. The choice of the national language also leads to uniformity of society. In the Indian context, the use of a single language in executive and judicial functions can contribute to the uniformity and integrity of the country. The President of the Constituent Assembly explained the importance of a national language and said: David Mellinkoff, well-known and successful lawyer, graduate of Stanford and Harvard Law School, professor of law at the University of California, Los Angeles.

It was he who made significant progress in the fight against detailed legal language. He called the law of profession of words, which he defined as legal language, “the common language used by lawyers in common law countries where English is the official language. It contains distinctive words, meanings, phrases, and phrases as stated above. According to him, legal language is a “designation for a model of discourse with a distinct identity.” The curriculum of Indian law schools is rigid and subdivided and does not promote practical knowledge. Law schools are still not familiar with teaching legal language. It is high time that legal language was taught in Indian law schools. It has its own meaning, but it is more important for a law student to become familiar with legal language. The first thing that needs to be done in Indian law schools is to teach students the subject of legal language. The Constitution of India is the fundamental law of the country and other ordinances (laws) are derived from it. Therefore, in order to eliminate errors and solve the problem that persists in Indian legal language, it is deemed necessary to revise the Constitution. In KanhaiyaLalSethia v. Union of India,[24] the Supreme Court has stated that “the inclusion and non-inclusion of a particular language in the 8th century is not the case in the 8th century.

The annex is a political matter of the central government and the court cannot interfere with it.” In addition, it was found that no one has the fundamental right to force the Centre to include a particular language. Therefore, Hindi had to share the title with English, which still maintains its strong position in all aspects of the administrative arena. According to the 2001 census, according to the 2001 census, about 422 million people speaking Hindi in its various dialects constituted 41.03% of the national population. [31] But Indians have learned to adapt to both languages in this era of globalization. They use English for ideas, business and abstraction and Hindi for everyday communication like Nehru, who used Hindi with voters and the nation in English. Thus, the whole assembly was divided into two groups, one that supported Hindi and wanted it to become an official language, and the other that did not advocate Hindi as an official language. The assembly was divided. In 2017, the Vidhi Center for Legal Policy produced a manual on writing in plain language.

One of the most famous writers, George Orwell, knew why judgments are so detailed. And, according to him, “if you compose hastily – for example, when you dictate to a stenographer or deliver a public speech, it is natural to fall into a pretentious and Latinized style.” Normally, it is not the judges who write the judgments, but they are the ones who read them aloud to the reporters in the courtroom. The Constituent Assembly was divided into groups. Most assembly members Lokmanya Tilak, Gandhi, C. Rajagopalachari, Subash Chandra Bose, Sardar Vallabhai Patel demanded that Hindi be a national language. As they requested, some of the non-Hindi speakers refused, because it is unfair to impose something like their language, which is not the case. It also affects people in their jobs, public services, education, etc. There was also another group that wanted to make Sanskrit an official language, as it is considered the mother of all languages. Most members of the Constituent Assembly wanted to realize the dream of Mahatma Gandhi, who believed that there should be a national language that would give the nation its own identity. Dr.

N.G. Ayyangar said in one of his speeches to the assembly: “There is one thing on which we have unanimously decided that we should choose one of the languages of India as the common language of all India, the language that should be used for the official purposes of the Union.” [7] The article “Language Problem in India – Responses of the constitution and law” was written by Ramya and is only available on Legal. Language Problem in India – Responses of the Constitution and the Law Man began to communicate the language 100,000 years ago. Each country has its own national language, through which daily business among people in. According to Gandhi (Presidential Address, Second Gujarat Educational Conference, Baroach, 1917), a language had to meet five conditions to become a national language.

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