The Court made it clear that the decision regarding the inclusion of Rajasthani as an official language in the Indian Constitution is within the jurisdiction of the government and not the judiciary.
The Supreme Court dismissed a public interest litigation (PIL) seeking to add Rajasthani to the Eighth Schedule of the Indian Constitution. The bench, comprising Chief Justice of India (CJI) DY Chandrachud, Justices PS Narasimha, and Manoj Misra, asserted that such decisions fall under the purview of the government and not the judiciary.
“The Supreme Court cannot issue directions in this matter. The government must make the decision,” the Court stated.
The petition sought the inclusion of Rajasthani in the Eighth Schedule of the Constitution.
The counsel representing the Central government cited the Supreme Court’s previous judgment in the case of Kanhaiya Lal Sethia and Anr v. Union Of India and Anr, arguing that decisions regarding the inclusion or exclusion of a language from the Schedule were matters of policy.
The Court agreed with this stance and remarked, “The relief sought is to include Rajasthani in the Eighth Schedule. The defendant’s counsel has referred to our decision in the 1997 case of Kanhaiya Lal Sethia. We concur with that view. The decision on whether or not to include a language is a matter of policy. We will not entertain the petition.”
In response, the petitioners’ attorney, Ripudaman Singh, contended that the previous judgment did not apply to this case. He argued that the federal government’s policy also favored the petitioner, and the issue had been pending for over seventy years.
However, the Court held that it could not issue directives since the government’s policy supported the petitioner’s stance. It further stressed that other languages might have similar claims and opined that certain decisions, particularly those related to the democratic system, should be made by the executive branch.
Consequently, the Court dismissed the plea.
