"Should we remain frogs in a well?" Kerala High Court miffed by lack of English translation of law

The Kerala High Court recently expressed displeasure over the State's failure to notify an English translation of the first statutes governing the State-run APJ Abdul Kalam Technological University (KTU) [Dr Vinodkumar Jacob v The Vice Chancellor & ors and connected case]..Justice TR Ravi pointed out that there is a mandate to make all laws enacted in vernacular languages also available in English under Article 348(3) of the Constitution of India.The Court added that when the State aspires to be a global education hub, a failure to make available English versions of vernacular laws - especially those governing educational institutions - sends a regressive message."It is all the more important that an English translation as provided in Article 348 (3) of the Constitution is available, in cases where the legislations are regarding Universities, which take care of higher education, and when the State is aiming to become a global education hub. Should not the students coming from all over India and all over the world have access to the law relating the University where they wish to pursue their higher education or should we still remain as 'Koopa mandookam' (translated as frog in a well)?" the Court remarked..The Court made the observation while dismissing petitions by two KTU syndicate members against the Vice Chancellor's decision to annul certain resolutions taken at the 63rd syndicate meeting.While dealing with the case, the Court found that statutes governing the functioning of the university had been issued only in Malayalam, without an authoritative English version being notified in the Official Gazette as required under Article 348.The Article provides that laws should generally be enacted in English, but they may be enacted in vernacular languages as well, provided that an authoritative English translation is also made available and notified in the Official Gazette..The Court referred to 2023 High Court ruling in PH Babu Ansari v The Municipal Council, Kottayam Municipality (2023), where it had reiterated that issuing an English version of State laws simultaneously with the passage of vernacular language laws was a constitutional obligation that could not be avoided.A similar ruling was passed in the earlier case of Thanga Dorai v. Chancellor, Kerala University (1995), on the necessity of publishing English translations of laws. This mandate was also emphasised in the 2001 case of Murali Purushothaman v. State of Kerala.However, despite such earlier rulings, the Court noted that the State had failed to comply with this Constitutional mandate to make available an authoritative English translation of the KTU's First Statutes."It is disheartening to note that all the reminders issued by this Court are falling into deaf ears. The First Statutes of the (KTU) was introduced in the vernacular and even today there is no English Translation of the Statutes as required under Article 348(3) of the Constitution of India available before the Court as an authoritative text, to be looked into ... The requirement of an authoritative text, for use in the High Court was however not taken note of either at the time of introducing the Statutes or for the five years thereafter, till today," the Court lamented. .The Court highlighted that the absence of an English translation created practical difficulties in adjudication, since the High Court could not rely on the vernacular/ Malayalam text as the authoritative text for judicial interpretation.The Court, however, refrained from commenting further on the issue and confined itself to expressing hope that such lapses are corrected in future."This Court can only feel helpless when it reiterates what has been stated earlier on three occasions by this Court and hopes that the Legislature would not ignore the Constitutional requirements while legislating or while issuing any subordinate legislations," it said..Senior counsel P Ravindran assisted by advocate Aparna Rajan and Advocate T Rajasekharan Nair appeared for the petitioners. Senior government pleader AJ Varghese and advocate MA Vaheeda Babu represented the Vice Chancellor of KTU. .[Read Judgment]