GHCAA President Asim Pandya Resigns Following A Divided Opinion Among Advocates Over Use Of Gujarati As An Additional Language In HC

The President of the Gujarat High Court Advocates' Association (GHCAA), Asim Pandya, tendered his resignation on Monday following a divided opinion among the advocates over the use of Gujarati as an additional language in the Gujarat High Court.In his resignation letter addressed to the Managing Committee of the Gujarat High Court Advocates' Association, Senior Advocate Pandya said that he was unable to convince himself to give up the movement for allowing Gujarati as an additional language in the High Court of Gujarat, a proposal, opposed by the majority members of the Association."My personal ideology, though in furtherance with the aims and objects enshrined in the constitution of the Gujarat High Court Advocates' Association, is in conflict with the views of the majority members of our Association and hence, I would rather give up my post of President of the Association then the personal ideology which is in the larger interest of litigants and the legal system," his resignation letter reads.In his letter, he has also said that the members of the HC Advocates's Association who are opposing his idea to include Gujarati as an additional language do not have any convincing argument to offer except for saying that allowing the Gujarati language in an addition to the English language would result in sacrificing the dignity and decorum of the institution."I am unable to appreciate the argument that the use of our mother tongue Gujarati can ever result in sacrificing the dignity and decorum of our court," he further stressed.The letter also states that the members have an imaginary fear that the trial court lawyers would storm into the High Court of Gujarat for carrying on their practice.The letter further says that his next campaign is to restore the original system that was evolved by the Bombay Bar Association (Original Side) of recognizing Senior Advocates having reasonably good practice and accepting them on the roll of Senior Advocates on a voluntary basis."I am of the view that recognition as Senior Advocate should be based on objective criteria only excluding subjectivity which is present in the current system under Section 16 of the Advocates Act, 1961. I might face opposition in the next campaign also from the Bar and hence it is in my interest that I should resign from the post and pursue my individual ideologies free from any restrictions," the letter adds.He further made it clear that he was not sacrificing his post as President for his personal ideology. He also expressed his heartfelt gratitude to the voters who elected him as their President without asking for their votes. Here it may be noted that in August 2022, Senior Advocate Pandya, as president of GHCAA, had moved a representation before the Governor Of Gujarat State, Devvrat Acharya, seeking his specific authorization under Article 348(2) of the Constitution of India to allow the use of Gujarati language in addition to English in the court proceedings before the Gujarat High Court.It may be noted that this provision under the Constitution of India allows the Governor of a State, with the previous consent of the President, to authorize the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State.The representation had submitted that the non-recognition of Gujarati as the official language restricts /impedes access to justice financially and otherwise to the litigant who approaches the High Court of Gujarat. However, this representation was opposed by many members of the Association.Thereafter, on September 30, the Association announced its decision to keep in abeyance, its demand for using Gujarati as an additional language in the High Court proceedings following a divided opinion among the advocates.

GHCAA President Asim Pandya Resigns Following A Divided Opinion Among Advocates Over Use Of Gujarati As An Additional Language In HC

Sparsh Upadhyay

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