Inclusion of Rajasthani language in VIII Schedule: SC dismisses PIL stating “Government has to take a call in this regard”

On 21 July 2023, the Supreme Court of India dismissed a PIL (Public Interest Litigation) filed by Advocate Ripudaman Singh seeking the inclusion of the ‘Rajasthani’ language as an official language in the Eighth Schedule (VIII Schedule) of the Indian Constitution. “The Eight Schedule to the Constitution of India lists the official languages of the Republic of India,” currently includes 22 languages. A three-judge bench of the Supreme Court disagreed to entertain a petition stating that such a decision does not fall under the purview of the judiciary. The top Court said, “Supreme Court cannot issue directions here. Government has to take a call in this regard.” Chief Justice of India DY Chandrachud, Justice Manoj Misra, and Justice PS Narasimha were hearing the matter. 

During the court proceedings, CJI orally remarked, “Inclusion of a language under the eighth schedule is not something we can issue a mandamus on… this is a policy function. Why only Rajasthan? Why not other languages? It’s on the constitutional functionaries to decide. Move the central government… Somethings in a democratic polity are answerable by the political executive. This is a classic example of that.” The Counsel appearing for the Central government referred to the SC’s 1997 judgment of Kanhaiya Lal Sethia and Anr vs. Union of India and Anr. where similar relief was declined by the top Court. On the contrary, Advocate Singh submitted that the mentioned judgment raised various law questions. He further argued that the policy of the Central government was in their favor.

In this context, the bench said, “Relief being sought is to include Rajasthani language in the Eighth Schedule (VIII Schedule). Advocate for respondent has placed on record our judgment in Kanhaiya Lal Sethia 1997 case. We are in agreement with the view. Whether a language should be included is a policy decision. We decline to entertain the petition.” Hearing all the contentions, the SC bench ordered, “Whether a language should be included in the Eighth Schedule to the Constitution is a policy decision which has to be taken by the appropriate constitutional authority. We decline to entertain the petition on this ground.” Therefore, the top Court dismissed the petition.