Supreme Court Justice Nagarathna Urges Government to Drop Class‑9 Third‑Language Mandate

Supreme Court Judge Urges Delay on Class‑9 Third Language; Navodaya School Order Put on Hold in Tamil Nadu

Justice B.V. Nagarathna, hearing petitions on the Jawahar Navodaya Vidyalaya Scheme, appealed to the Union not to start a third language in Class 9 under the Three-Language Scheme. She warned that the pressure of the Class 10 board exams, already felt in Class 8, would be amplified. The same bench also gave Tamil Nadu three weeks to consult stakeholders on a December 2025 order directing the state to allocate land for Navodaya schools.

The Three‑Language Scheme, introduced under the National Policy on Education, mandates that students learn three languages – typically the mother tongue, Hindi, and English – by the end of secondary school.

• ▸The scheme applies to all schools affiliated to the Central Board of Secondary Education (CBSE).
• ▸Justice Nagarathna noted that the scheme currently introduces the third language in Class 6 and suggested it stop at Class 9.
• ▸She recalled that in 1976, lessons for Class 10 were already being taught in Class 8, highlighting the cumulative academic load.

The proposal to start a new language in Class 9 would therefore add a fresh curricular burden just a year before board examinations.

Judicial Review: Constitutional Basis

India’s courts derive the power to scrutinise legislation and executive action from several constitutional provisions.

• ▸Article 13(2) declares any law inconsistent with Part III (Fundamental Rights) void, granting courts declaratory authority.
• ▸Article 32 empowers the Supreme Court to enforce Fundamental Rights through writ jurisdiction.
• ▸Article 226 extends similar supervisory jurisdiction to High Courts over subordinate legislation and administrative action.

These provisions were reinforced in the landmark Kesavananda Bharati case (1973), which introduced the basic‑structure doctrine, ensuring that any amendment violating the Constitution’s core principles can be struck down.

Court’s Intervention in Tamil Nadu Education

The bench was also hearing petitions concerning the implementation of the Navodaya Vidyalaya Scheme in Tamil Nadu, a central government programme that provides residential schools for meritorious students from rural and economically weaker sections.

• ▸In December 2025, the Supreme Court modified an eight‑year‑old stay order, directing Tamil Nadu to identify land for Navodaya schools in every district.
• ▸The previous DMK government argued the scheme conflicted with the state’s two‑language policy.
• ▸Respondent Kumari Maha Sabha cited a 99.9 % pass percentile for Tamil Nadu students in CBSE schools, indicating strong existing performance.
• ▸The court gave the state until 11 August 2026 to consult stakeholders before proceeding.

These directives illustrate the Court’s willingness to enforce central schemes while respecting federal sensitivities, a balance rooted in the doctrine of cooperative federalism.

Implications for Policy and Federalism

Justice Nagarathna’s oral appeal underscores the judiciary’s role as a check on educational policy that may overburden students. By invoking the Constitution’s judicial‑review framework, the bench signals that any statutory amendment affecting fundamental rights—such as the right to education under the Right to Education Act 2009—must be examined for reasonableness.

• ▸The call to postpone the third language aligns with the principle that legislation should not impose undue hardship, a standard derived from Article 21’s due‑process component.
• ▸The Navodaya order reflects the tension between central initiatives and state autonomy, a recurring theme since the 1950 State of Bihar case affirmed Article 13’s applicability to statutes.

If the Union proceeds with the third‑language rollout, it may invite fresh writ petitions, potentially leading to a re‑examination of the scheme’s constitutional validity.

Way Forward

The government faces two immediate choices: revise the language timetable to start the third language in Class 6, as suggested, or provide a phased implementation with adequate support mechanisms. Simultaneously, Tamil Nadu must balance its successful CBSE outcomes with the promise of Navodaya schools, ensuring that any land allocation respects local concerns and the state’s linguistic policy.

A collaborative approach, involving the Ministry of Education, state authorities, and civil society, could pre‑empt further litigation and uphold the constitutional ethos of equitable education.