
The Delhi High Court emphasised that the language used for conducting the Common Law Admission Test (CLAT) currently limited to English should not become a barrier for students educated in regional languages. A division bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela was hearing a public interest litigation (PIL) seeking directions to conduct the CLAT examination in regional languages listed in the Eighth Schedule of the Indian Constitution, in addition to English.
“It is important to underline that the language of the CLAT, the entrance exam for national law universities, must not restrict students educated in other languages. The petitioner has raised a valid point that incorporating regional languages could promote broader inclusivity,” observed the Court.
However, the Bench acknowledged that the structure of the exam is a matter of policymaking, an area where courts typically refrain from intervention. Senior Advocate Siddharth Aggarwal appeared on behalf of the Consortium of NLUs, the organizing body for CLAT.
“The only point is that there is a shift towards adopting vernacular languages, particularly Hindi. Hindi remains the national language, and even Supreme Court judgments are now translated into Hindi,” ACJ Bakhru told Aggarwal.
The Court clarified to the petitioner’s counsel that while the arguments were valid, issuing a mandamus (a judicial order) on this issue was outside the Court’s purview since it falls under policymaking. “We agree with you. But the policymakers are aware of the issue… It must be addressed by them,” the Court noted.
Aggarwal pointed out the logistical and interpretative challenges the Consortium would face if the exam were conducted in multiple languages. Responding to this, the Court remarked, “We understand the complexity… but the existence of a large body of law and jurisprudence cannot justify making language a barrier.”
Addressing the evaluative challenge, the Bench said, “Your examination determines admission to NLUs. If a student educated in Bengali cannot even attempt the test due to language constraints, it creates a systemic problem.” ACJ Bakhru further stated, “If a student fails because they did not meet the standard, that is acceptable. But denying them entry due to language alone is not. You must develop a roadmap for accommodating regional languages.”
The Court directed Aggarwal to provide a timeline and roadmap for conducting CLAT in regional languages and emphasized that while it does not seek to interfere with policymaking, language should not become an exclusionary factor.
“We are not prescribing how you conduct your business, but language cannot be a barrier. You must tell us how and when you will address this issue,” ACJ Bakhru asserted.
Aggarwal requested time to gather further instructions and develop an implementation plan. The matter will be reviewed in March.
Earlier, the Consortium of NLUs had expressed hesitation about conducting CLAT in regional languages, arguing that while translating the All India Bar Examination (AIBE) is relatively straightforward, translating the CLAT poses greater complexities.
In contrast, the Bar Council of India (BCI) has supported the inclusion of regional languages, arguing that it would broaden access and encourage more citizens to pursue law as a career.
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