The Supreme Court has dismissed public interest litigation (PIL) seeking the inclusion of Rajasthani as an official language under the Indian Constitution.
A Bench comprising Chief Justice of India (CJI) DY Chandrachud , Justice PS Narasimha and Justice Manoj Misra have asserted that such a decision falls within the purview of the government, rather than the judiciary.
The Court added that the Apex Court cannot issue directions here. Government has to take a call in this regard.
The plea sought the inclusion of Rajasthani under the Eighth Schedule of the Indian Constitution.
The Central government counsel relied on the decision of Supreme Court in Kanhaiya Lal Sethia and Anr v. Union Of India and Anr to find if language should be included in the Schedule was a policy decision.
The Court agreed with this view, saying that relief sought is to include Rajasthani language in the Eighth Schedule.
The petitioner’s advocate Ripudaman Singh however contended that the judgment was not applicable to this case. He claimed that the Central government’s policy also was in his favour and that the issue was pending for more than 70 years.
The Court agreed that since the policy of the Union was in the petitioner’s favour, it could not pass directions.
The Court also said that if this is accepted for Rajasthani,there might be other languages with similar claims and maintained that certain decisions, particularly those related to the democratic polity, should be made by the executive branch.