The historical evolution of legal language in the context of Indian legal research showcases a progression influenced by various sources and periods:
(1) Ancient India:
Ancient Indian legal texts like the Vedas, Dharmashastras, and Arthashastras form the foundation of legal thought in India. These texts were written in Sanskrit and contained laws, customs, and principles governing society.
The language used in these texts was sophisticated and precise, reflecting the importance of clarity and accuracy in legal matters.
(2) Medieval Period:
During the medieval period, languages like Persian and Arabic significantly influenced Indian legal language due to the Islamic rule in parts of the subcontinent.
Legal documents and decrees were often written in Persian and Arabic, and these languages became prevalent in courts and administrative functions.
(3) Colonial Era:
The arrival of the British East India Company and subsequent colonial rule in India brought English as the language of administration and law.
English became the primary language used in legal proceedings, legislation, and judgments. The British introduced their legal system, which included the English common law and statutes.
(4) Post-Independence Era:
After gaining independence in 1947, India retained English as an official language for legal purposes alongside Hindi and other regional languages.
The Constitution of India, drafted in English and translated into various languages, serves as the supreme legal document of the country.
Indian legal language evolved to incorporate elements from multiple linguistic sources, including Sanskrit, Arabic, Persian, and English, reflecting the diverse cultural and linguistic heritage of the nation.
(5) Legal Education and Research:
Legal education and research in India emphasize proficiency in English due to its prevalence in legal texts, judgments, and academic literature.
However, efforts have been made to promote legal education in regional languages to ensure access to justice for individuals who might not be proficient in English.
(6) Modern Trends:
With advancements in technology and globalization, Indian legal research has seen a shift towards digital platforms and databases. Legal research tools and databases often provide multilingual support, facilitating access to legal information in various languages.
(7) Simplification and Accessibility:
Efforts have been made to simplify legal language to enhance accessibility for the general public. Plain language initiatives aim to make legal documents more understandable to non-lawyers, ensuring everyone can comprehend their legal rights and obligations.