How can English be treated as non-native? SC flags CBSE language policy

The Supreme Court has asked CBSE to revisit its three-language policy, raising concerns over treating English as non-native and the availability of teachers and textbooks for Indian languages

The Supreme Court on Thursday raised concerns over the Central Board of Secondary Education’s (CBSE’s) three-language policy and asked the Centre, the National Council of Educational Research and Training (NCERT) and the Board to reconsider some aspects of its implementation, LiveLaw reported.

 

A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing a batch of petitions challenging CBSE circulars introducing the policy from the 2026-27 academic year.

 

The court questioned the decision to classify English as a “non-native language”, asked whether Class 6 students could be given a relaxation and sought details on the availability of teachers and textbooks for the Indian languages offered under the policy.

 

 

Why is English being treated as a non-native language?

 

Justice Bagchi questioned the basis for describing English as a non-native language, particularly given its official use in several states and its role in the functioning of the Union government and courts.

 

"We have to examine the extent to which English can be considered a non-indigenous language. I personally have serious reservations about the expression 'native'. It has a very colonial connotation. It should be 'indigenous'," Justice Bagchi said, as quoted by LiveLaw.

 

He said the issue needed to be examined in light of India's constitutional framework, historical experience and the fact that English is an official language in several states.

 

Court asks if Class 6 students can get relief

 

The Bench also asked whether students who are already in Class 6 this academic year could be given more time before the policy applies to them. Justice Bagchi noted that while the policy provides 23 language options on paper, the ability of schools to offer them may vary widely. He pointed to differences in compliance with teacher education norms and said schools would need time to develop the required infrastructure.

 

"If the starting point you have chosen is Class 6, consider giving a reprieve to the Class 6 students of this year. You can introduce it from next year... If students who have already committed to a particular language are given a reprieve, I think the immediate concern of the petitioners can be addressed," Justice Bagchi said.

 

He also asked the Centre to consider a roadmap for implementing the policy in a way that allows students to make an informed choice.

 

"We have to ensure that the rollout is appropriately undertaken. Therefore, we are requesting the Additional Solicitor General to go back to the drawing board and come back to us," he said.

 

Questions over teachers, textbooks

 

The Bench also sought clarity on whether CBSE schools have enough trained teachers and learning material to teach the 23 languages offered under the policy, the news report said.

 

"CBSE must inform us how many of its schools actually have the teaching capacity and learning tools necessary to offer this range of languages," Justice Bagchi said.

 

The court asked Additional Solicitor General Aishwarya Bhati to provide a roadmap covering the availability of teachers and other learning resources.

 

Chief Justice Surya Kant also asked CBSE to address implementation challenges before rolling out the policy.

 

"Please revisit it. No doubt, ultimately, this has to be introduced. There is nothing wrong with that. But as to how it is to be streamlined, whatever impediments, blockades or teething issues are coming up, you may find solutions to those," he said.

 

Aishwarya Bhati agreed to convey the court’s concerns to the Board and seek suggestions from experts and policymakers.

 

Implementation concerns

 

Senior Advocate Gopal Sankaranarayanan said students were being asked to give up languages they had studied for several years. “What we have been studying all these years, for the last five years, is suddenly taken away from us,” he told the Bench.

 

He also claimed that several schools did not have textbooks, teachers or classes ready for the new languages and said the policy could affect around three million children, the news report said.

 

Bhati disputed these claims, saying the government had made the necessary arrangements and officials were present with material to demonstrate its preparedness.

 

Another counsel questioned how English could be treated as a “foreign language” when it is an official language of the Union and the language used by the Supreme Court.

 

The petitions also challenge CBSE's circular dated May 15, 2026, which, according to the petitioners, requires Class IX students to study three languages from July 1, 2026, with at least two being Indian languages.

 

The court had earlier declined to stay the policy, observing orally that "learning a language never goes to waste". The petitioners, however, have argued that students would have to drop languages they had studied since Class 5.

 

Justice BV Nagarathna had also recently raised concerns about introducing a third language at the Class 9 level, saying it could add pressure on students preparing for board examinations.