'Can English Be Considered An Indigenous Indian Language?': SC Questions NEP's Three-Language Policy

Last Updated:July 15, 2026, 08:25 IST

SC questioned if English is an indigenous Indian language while hearing pleas against NEP 2020's three-language framework. CJI noted issues persist despite CBSE clarifications.

The Supreme Court on Tuesday questioned whether English could be considered an indigenous Indian language while hearing pleas challenging the CBSE’s implementation of the National Education Policy (NEP) 2020’s three-language framework, with the Chief Justice also observing that issues with the policy continue despite recent clarifications issued by the Board.

Hearing the matter, Justice J. Joymalya Bagchi questioned the terminology used in the policy and suggested that the expression “native Indian language" may require reconsideration.

“What the authorities intended to do…under Constitution, it’s a constitutional goal that Indian languages will take over…encouragement is made…nomenclature may require some relook…how do we use ‘native Indian language’…but the spirit is clear. Can India consider English as an indigenous Indian language? Parsi at one time was official language of the court," Bagchi said.

Appearing for the petitioners, senior advocate Gopal Sankaranarayanan argued that the policy leaves the choice of languages to states but raised concerns over its implementation. “Choice is left to the states," he said.

‘Learning Of Language Never Goes Waste’

He told the court that the NCERT had not yet made the promised learning material widely available.

Also Read: ‘Two Bhartiya Bhashas, One Non-Native’: CBSE Makes Third Language Internal Assessment Compulsory For Classes 9, 10

“We went to NCERT website few mins ago. Only 3 books. Not 22. Children being told to drop English and other foreign languages and take up native languages," Sankaranarayanan said.

Chief Justice of India Surya Kant responded by observing, “Learning of language never goes waste", as the Supreme Court declined to stay the CBSE’s three-language policy introduced for the 2026-27 academic year.

However, the CJI also noted that concerns raised by the petitioners had not been fully addressed despite subsequent circulars issued by the CBSE.

“Despite this circular of 29 June 2026, issues still survive," he said.

Gopal Sankaranarayanan further argued that schools had been told textbooks would be ready by July 1 while teachers would have to be prepared to teach in all 22 scheduled languages.

“They have said by July 1, textbooks will be ready. Teachers have to be ready for 22 languages. This is damaging status quo," he said.

Senior advocate Shyam Divan also submitted that concerns remained despite modifications made to the policy. “Despite dilution, there is a problem," Divan said.

Seeking time to respond, Additional Solicitor General Aishwarya Bhati, appearing for the Centre, said, “We will file reply in 2 weeks."

The CJI, however, directed the Centre to file its response sooner. “File in 10 days," he said.

Counsel appearing for petitioner Fauzia Khan also told the bench that the policy was adversely affecting students.

“This has hit hard on the mental health of children, especially from downtrodden sections," Khan said.

The hearing came as the Centre, the CBSE and the National Council of Educational Research and Training (NCERT) defended the constitutional validity of the three-language framework in separate affidavits filed before the apex court.

The Union Ministry of Education said the policy is aimed at promoting multilingualism and national integration, while the CBSE maintained that it has been implemented through a phased process and does not require students to abandon foreign languages.

The Board said students currently in Class 10 will continue under the existing two-language system, while those appearing for the Class 10 Board examination in 2027-28 will have the third language assessed only through internal school-based evaluation.

It also said students who had already opted for two non-native languages, such as English and French, would be allowed a one-time relaxation to continue both while adding one Bharatiya Bhasha as a third language.

The NCERT, in its affidavit, said it has completed the academic process for preparing Class 9 learning material in all 22 scheduled languages, adding that textbooks for Hindi, Sanskrit, Marathi and Urdu have already been uploaded on its website, while work on the remaining languages is underway.

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