The Supreme Court on Friday dismissed a petition demanding the implementation of the National Education Policy (NEP) in Tamil Nadu, West Bengal and Kerala, saying that it could not force any state to adopt it. A bench of Justices JB Pardwala and R Mahadevan said that the court can consider violation of fundamental rights only due to the implementation of a policy.
Advocate GS Mani filed a petition, claiming that Tamil Nadu, West Bengal and Kerala were constitutionally bound to implement NEP. He said that the policy is being opposed on the basis of three languages and for this, students need to learn Hindi.
Mani told the court that he is from Chennai, but settled in Delhi when asked: “Who are you and how are you worried about NEP?” The court told Mani that she had no reason to file a petition since she stayed in Delhi. This dismissed the petition, saying that Mani has nothing to do with this reason that it proposes to Espos. “Although he lives from Tamil Nadu, he admits that he is a resident of Delhi.”
The court cited Article 32 of the Constitution, which allows it to issue instructions to preserve fundamental rights. “It cannot force any state to adopt NEP. But the action of the state may interfere with violating the fundamental rights of citizens.”
The court told Mani that their children can continue learning Hindi in Delhi. It suggested that NEP could be investigated in a suitable action.
Mani’s petition questioned the objections to implement the NEP. It claimed that the states were unnecessarily making NEP a political issue. Argument said that NEP only wants to provide uniformity in education. It states that all Indian languages should be taught school children from all levels of society free from cost.
The petition asked the court to pass the direction for effective implementation of the Constitution, especially the right to get free and effective education of children. The plea called NEP a major education policy to improve the quality of school education. “Free education is a fundamental right. By refusing to accept this scheme, the State Government is denying the fundamental right of free education to school children.”
Tamil Nadu Chief Minister MK Stalin has led the opposition to the three -language formula under the NEP and accused the central government of trying to impose Hindi. He has alleged that the state’s rights were gradually taken away, ensuring that education should be only a state subject. Stalin has demanded the opposite of the 42nd constitutional amendment, which took education in concurrent list or subjects, on which both central and state governments can enact laws.
The Union and the Tamil Nadu governments have attacked a series of issues, including preventing funds under the Composite Shikha Scheme to refuse to implement the NEP.
In April, Stalin announced the formation of a committee under former Supreme Court Judge Kurian Joseph to strengthen the ways of protecting the rights of the states and relations between the Union and the State Governments as per the Constitution.
