The Supreme Court Friday said that while it can intervene if a state’s action or inaction related to the National Education Policy (NEP) violates any fundamental rights, it cannot issue directions under Article 32 of the Constitution compelling any state to adopt the policy.
A bench of Justices J B Pardiwala and R Mahadevan said this while rejecting a PIL which sought court’s direction to and a few other states to implement the NEP.
The bench said that it did not propose to examine the issue in the instant writ petition but may examine it in an appropriate proceeding.
“Whether the States should adopt the National Education Policy 2020 or not is a vexed issue. The Supreme Court, through Article 32 of the Constitution, can issue directives to ensure that the rights of the citizens are protected. It cannot directly compel a State to adopt a policy like the National Education Policy 2020. The Court may, however, intervene if a State’s action or inaction related to the National Education Policy violates any fundamental rights. We do not propose to examine this issue in this writ petition,” the bench said.
Taking up the plea, the court asked the petitioner, Advocate G S Mani, who he was and how he was concerned with the NEP. Mani said he is originally from Tamil Nadu and settled in .
He said that he could not learn Hindi in Tamil Nadu as the schools there were not teaching it and was finding it difficult to learn it easily.
Justice Pardiwala was quick to remark, “Then learn Hindi now in Delhi, na?”
In its order, the court said it was of the view that the petitioner did not have anything to do with the cause he proposes to espouse.
“Although he may be from the State of Tamil Nadu, yet on his own admission, he is residing in New Delhi. In such circumstances, this petition stands dismissed,” the court said.
Mani’s plea said that all states are obligated to implement the NEP in letter and spirit, and to enter into Memorandums of Understanding with the Union Government for its implementation.
It further said that the policy does not impose Hindi or compel states to make children study the subject but only says that financial assistance will be provided to introduce subjects like Hindi, English, State languages, or other relevant subjects in the curriculum.
