The court declared the law unconstitutional because it interfered with both the right of parents to direct their children`s education and the rights of teachers: “The plaintiff mistakenly taught this language in school as part of his profession. His right to teach in this manner and the right of parents to engage him in educating their children are, in our view, within the freedom of the [14th] Amendment. Figure 2 shows the proportional distribution of mother tongue and translation data. For example, consider that the line “Hindi” in “SC Translations” is 49.14%. This corresponds to the fact that of the total number of translated judgments (232 stops), 49.14% are in Hindi (114 stops). The formula in the left column, the 2011 census, works the same way. The percentage for each language is equal to the number of native speakers for that language, divided by the total number of native speakers surveyed. In the 2011 census, the total number of registered native speakers (out of eight languages in the appendix) was 1.17 billion. In a number of cases from 1923 to 1927, the Supreme Court ruled that the Constitution protects the right to learn and teach foreign languages. Although the Court initially concluded that this was a substantive right to due process, implicit in the 14th Amendment, subsequent courts have also linked this right to the First Amendment. Another notable discrepancy is that the languages of South India are over-represented, with the exception of Telugu. 6.9%, 6.9% and 11.21% of translations are in Kannada, Malayalam and Tamil.
This is about twice as many as the proportion of native speakers. Only 3.73 per cent, 2.97 per cent and 5.89 per cent of respondents declared Kannada, Malayalam and Tamil as their mother tongue. Article 348 of the Constitution states that all proceedings before the Supreme Court “shall be conducted in English”. While this allows the Court to work effectively, it also limits its accessibility. As the Supreme Court itself recognized in its 2018-2019 annual report (p. 88), many litigants are not proficient in English. To address this language barrier, the Supreme Court plans to provide litigants with judgments in their national language. Section 348 (1) of the Constitution of India provides that all proceedings before the Supreme Court and each Supreme Court shall be conducted in English until otherwise provided by law by Parliament. The researchers used an algorithm to compare language trends between the Supreme Court and U.S. appellate courts between 1951 and 2007. Your “topic modeling method” can examine a body of text, recognize competing words, and then identify topic categories in specific opinions based on the words they contain. Often criticized for its perceived political leanings, the United States has developed language in its opinions that differs markedly from that of the next lower federal courts, according to a new study co-authored by Professor Michael A.
Livermore of the University of Virginia School of Law. The research builds on previous work in the social sciences suggesting that part of how the Supreme Court maintains a high level of public popularity is to distance itself from political institutions such as Congress. Part of how the court does this is to render its decisions in texts that are recognizable as judicial opinions. The authors suggest that the Supreme Court could lose some of this legitimacy if its links with lower courts become too weak. Essentially: language in the courts and its meaning, analysis of the use of regional languages in high justice. “Some people may have had a hunch that the court`s opinions are becoming more political or that judges are writing in a less traditional style; It doesn`t seem like a crazy thing,” Livermore said. “At the same time, someone can always come back and say, `Where is the proof of this? It`s really hard to identify these trends using traditional methods, and there`s always the danger of picking anecdotes. Our analysis brings quantitative tools to the table. As shown in Figure 1, the vast majority of translations are in Hindi. Of the 232 translations published on the official website (for the selected period), 114 were in Hindi. This represents almost 50% of all translations. The languages of South India also played an important role.
Of the total, 31.03% of translations were made into Kannada, Malayalam, Tamil or Telugu. The following graph shows that there is a correlation between the frequency of the language spoken and the frequency of translation of a judgment into that language. Notably, by far the most common language for mother tongue and frequency of translation is Hindi – 45.12% and 49.14% respectively. In addition, both pillars follow the same pattern with smaller peaks around Marathi, Tamil and Telugu. In addition, it has not published any translations into some languages in the Eighth Schedule of the Constitution (contains the 22 official Indian languages). For example, none of the translated judgments published on the website are in Gujarati. These omitted languages are not included in Figure 1. The Court intends to provide translations for cases in the following 14 “areas”. He argues that “with respect to these categories of cases, litigants generally belong to the lower or middle strata of society and are considered unfamiliar with the English language” (Annual Report, p. 88). (3) Notwithstanding clause (1) (b), the legislature of a state has prescribed a language other than English for use in bills introduced in the state legislature or in regulations made by the governor of the state or in any order, rule, ordinance or law referred to in clause (iii) of this paragraph: a translation into English published in the Gazette of that State under the authority of the Governor of the State shall be deemed authentic in the English language under this Article. The census defines a mother tongue as “the language spoken in childhood by the person`s mother to the person.” For people who did not have a mother growing up, he considers mother tongue to be the language that was “mainly spoken at home” in childhood (p.
3). For example, a Nebraska law prohibited instruction in languages other than English in a public or private school until a student reaches eighth grade and passes. The three least widely used languages were Bengali, Nepali and Urdu. For the selected period, the firm prepared only 1 translated judgment for each of these languages. 2. Notwithstanding the provisions of paragraph 1(a), the Governor of a State may, with the prior consent of the President, authorize the use of Hindi or any other language used for official purposes of the State in proceedings before the Supreme Court sitting in that State: Recently, the Supreme Court of Gujarat has a journalist, who is facing contempt of court, he was asked to speak only in English, there was language in the higher judiciary. There seems to be a correlation between the prevalence of translations and the frequency of a language in India. In Figure 2, we compare the above distribution with data from the 2011 Census of India.