SC seeks Centre's response on plea for use of 'plain English' in court matters for laymen

The Supreme Court on Thursday sought a response from Centre on a plea for use of plain English in legal documents to enable even laymen to understand the law and procedure for assertion of rights and redressal of grievances under the law.

As petitioner Subhash Vijayran started saying, "May I please your lordships," a bench presided over by Chief Justice S A Bobde said "Speak correct English. You should say 'may it please'. We don't want anyone to please us."

The Chief Justice also cited book by Bryan Garner on using plain language, saying "we have read this book too".

Advocate Vijayran said the writing of most Lawyers is wordy, unclear, pompous and dull, as they use eight words, instead of two, to say something.

"We use arcane phrases to express commonplace ideas. Seeking to be precise, we become redundant. Seeking to be cautious, we become verbose. Our writing is teemed with legal jargon and legalese. And the story goes on", the plea said.

It pointed out as a consequence of this complexity, the common man neither understands the system nor the laws.

"Everything is so complicated and confusing. The way laws are enacted, practiced and administered in our country violates the fundamental rights of the masses by denying them --access to justice," it added.

In many countries, laws mandate that public agencies use plain language to increase access to programs and services.

The PIL argues that the legislature should enact precise and unambiguous laws, and in plain language.

"A guide in plain English and in vernacular of the laws of general public interest should be issued by the government, explaining the law and its application - in easy to understand language," it said.

The petitioner also contended lawyers need to put in extra efforts to make their pleadings clear, crisp, concise and accurate. There should be a page limit for pleadings and time limit for oral arguments.

He also sought a direction to Bar Council of India to introduce a mandatory subject of "Legal Writing in Plain English" in all law course.