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The Centre told the Supreme Court on Wednesday, September 9, that it has reservations about treating English as a native Indian language under the CBSE's three-language framework, even as it assured the court that it would quickly consider a possible one-time reprieve for students currently in Class 6. The hearing has been adjourned to September 17.
What did the Centre tell the Supreme Court?
A Bench headed by Chief Justice of India Surya Kant was hearing petitions challenging the implementation of the Central Board of Secondary Education's three-language policy.
Solicitor General Tushar Mehta appeared for the Centre on Wednesday in place of Additional Solicitor General Aishwarya Bhati, who has been representing the Union government and CBSE in the proceedings.
When senior advocate Gopal Sankaranarayanan, appearing for the petitioners, raised the question of English being moved out of the non-native category, Mehta indicated that the Centre wanted to contest that proposition.
The Centre sought a short adjournment because Bhati was unable to address the court on Wednesday due to a personal difficulty. The case will next be heard on September 17.
Why has the status of English become a key issue?
Under the three-language framework being implemented by CBSE, students are required to study three languages, with at least two being native Indian languages, or Bhartiya Bhashas. This has led to a dispute over the treatment of English within the framework.
The Supreme Court had raised the issue during an earlier hearing on August 20, questioning whether English could reasonably be regarded as non-indigenous given its deep presence in Indian society.
A three-judge Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana said the constitutional aspect of the classification would have to be examined.
The Centre's position on Wednesday indicates that this issue remains unresolved. It has not accepted the proposition that English should be treated as a native Indian language and intends to make submissions before the court.
What relief could current Class 6 students get?
The other immediate question before the court concerns students who are currently studying in Class 6.
During the August 20 hearing, the Supreme Court had asked CBSE to examine whether this batch could receive a one-time reprieve from the third-language requirement, particularly in view of concerns about how the policy is being introduced and the availability of teachers, textbooks and other infrastructure.
The court had also sought clarity on whether schools had sufficient human resources and learning material to implement the language requirements effectively.
On Wednesday, Mehta told the court that a meeting with the officials concerned would be arranged on September 9 or September 10, with Bhati present, to reach a decision on the proposed relief for the Class 6 batch.
The assurance means a decision could emerge quickly, although no relief had been formally granted at the time of the hearing.
What does CBSE's three-language policy require?
The controversy stems from CBSE's move to implement the three-language framework in line with the National Education Policy 2020 and National Curriculum Framework for School Education 2023.
The policy requires students to study three languages, with at least two being Indian languages. Its implementation has prompted challenges over language choices as well as practical concerns surrounding teachers, textbooks and the transition for students already progressing through school.
Petitioners have argued that implementing the new requirements without sufficient preparation could create difficulties for students.
The Supreme Court has so far focused substantially on those implementation questions rather than stopping the three-language framework itself. During previous proceedings, it declined to grant an interim stay on the policy.
Why is the Class 6 batch at the centre of the case?
The current Class 6 students are particularly important because they are entering the new language framework during the transition period.
At the August hearing, the court asked CBSE to consider a one-time relaxation for this batch and sought information on whether adequate teachers and learning resources were available.
The court also questioned whether the implementation sequence itself needed reconsideration, including the stage at which the additional language requirement should begin.
Concerns about the timing are not new. In July, Justice B.V. Nagarathna, during separate proceedings concerning Jawahar Navodaya Vidyalayas in Tamil Nadu, had expressed concern about introducing a third language only at the Class 9 level because of the academic pressure students face close to Board examinations.
What happens next?
The immediate focus is now on the Centre and CBSE's response to the Supreme Court's suggestion for a one-time reprieve for the current Class 6 batch.
The Centre has indicated that consultations will take place quickly, potentially before the next hearing.
The larger legal question concerning the status of English remains open. The Supreme Court has indicated that the implications of treating English as non-indigenous warrant examination, while the Centre has now signalled that it disagrees with treating the language as native.
The case is scheduled to return before the Supreme Court on September 17.