SC rejects plea to force implementation of NEP

The Supreme Court has dismissed a petition that sought to enforce the implementation of the National Education Policy (NEP) in Tamil Nadu, West Bengal, and Kerala, ruling that it cannot compel any state to adopt the policy.

A bench comprising Justices JB Pardiwala and R Mahadevan emphasized that the judiciary's role is limited to examining potential violations of fundamental rights arising from policy decisions.

The petition, filed by advocate GS Mani, argued that these states were constitutionally obligated to implement the NEP.

He contended that opposition to the policy stemmed mainly from resistance to the three-language formula and concerns over compulsory Hindi instruction.

When asked about his connection to the issue, Mani explained that he is originally from Chennai but now lives in Delhi.

The court found he lacked standing to file the case, saying, “Though he hails from Tamil Nadu, he admits that he is a resident of Delhi.”

The bench concluded that Mani had no personal stake in the matter and dismissed the petition.

Citing Article 32 of the Constitution, the court reiterated that it can only intervene when there is a violation of fundamental rights.

“It cannot compel any state to adopt the NEP. But the court may intervene if the state’s action violates fundamental rights of citizens.”

The bench also told Mani that his children could continue learning Hindi in Delhi and indicated that the validity of the NEP could be considered in an appropriate case.

In his plea, Mani argued that objections to the NEP were politically motivated and claimed the policy was intended to promote uniformity in education across the country.

The petition said that the NEP encourages free teaching of all Indian languages for students from diverse backgrounds.

It urged the court to direct effective implementation of constitutional provisions related to children's right to free and quality education.

Calling the NEP a major reform, the petition argued, “Free education is a fundamental right. By refusing to accept this plan, the state government is denying the fundamental right of free education to the school children.”

Tamil Nadu Chief Minister MK Stalin has been a vocal critic of the NEP, particularly the three-language formula, accusing the central government of attempting to impose Hindi.

He has maintained that education should be an exclusive state subject and has demanded the reversal of the 42nd Constitutional Amendment, which shifted education to the concurrent list, allowing both the Union and state governments to legislate on it.

Tensions between the Union and Tamil Nadu governments have extended to issues like the withholding of funds under the Samagra Shiksha scheme due to the state’s refusal to implement the NEP.

In response, Stalin recently announced the formation of a committee led by former Supreme Court judge Kurian Joseph to recommend measures for protecting state rights under the Constitution and strengthening the federal structure.