Supreme Court Questions English As ‘Non-Native’, Asks CBSE To Revisit Three-Language Policy Rollout

New Delhi, August 20, 2026: The Supreme Court on Thursday urged the Central Board of Secondary Education (CBSE), the Centre and the National Council of Educational Research and Training (NCERT) to revisit aspects of the three-language policy, questioning the treatment of English as a non-native language and raising concerns over whether schools have enough trained teachers and learning material to implement the policy.

The court also asked the CBSE to consider giving students currently in Class 6 a reprieve and sought details on how many schools have the teaching capacity and learning tools needed to offer the range of languages envisaged under the policy.

The bench was hearing a batch of petitions challenging CBSE circulars introducing the three-language policy from the 2026-27 academic year, Live Law reports.

Can English Really Be ‘Non-Native’?

Justice Bagchi questioned the basis for treating English as a non-native language and expressed reservations about the use of the word "native", saying it had a "very colonial connotation" and that "indigenous" would be more appropriate.

"We have to examine the extent to which English can be considered a non-indigenous language," Justice Bagchi said, pointing to the historical roots of English in Indian society.

The judge said the issue required a constitutional analysis, considering India's historical experience and the fact that several states have English as an official language.

The court's observations bring into focus a fundamental question surrounding the policy: whether a language so deeply embedded in India's education, administration and legal system can simply be placed in the non-native category.

Class 6 Students May Get Relief

Justice Bagchi also asked the authorities to consider whether students currently in Class 6 could be given a reprieve from the policy.

"The second thing which is really troubling the petitioners is whether students presently in Class 6 can also be given a reprieve from taking the final test in Class 10," Justice Bagchi said.

The judge noted that while students theoretically have a choice of 23 languages, there are practical challenges. He referred to differences in compliance with National Council for Teacher Education norms and said schools would need time to build the infrastructure required to teach another indigenous language.

"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," Justice Bagchi said.

He added that giving relief to students who had already committed to a particular language could address the petitioners' immediate concerns.

"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," Justice Bagchi said.

The court suggested that the policy could instead apply to the next batch of students choosing three languages, allowing them to make an informed decision from the outset.

Do Schools Have Teachers, Textbooks?

The bench also questioned whether CBSE schools have enough trained teachers and learning material to teach the languages offered under the policy.

"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 on the availability of teachers and other learning tools for the roughly 23 language options offered in CBSE schools.

The concern goes to the heart of implementation. Offering students a choice on paper has limited value if schools cannot provide the teachers, textbooks and classroom support needed to make that choice meaningful.

Chief Justice of India Surya Kant urged the CBSE to revisit the issues while making it clear that the court was not opposed to the introduction of the policy itself.

"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," the Chief Justice said.

Bhati agreed to convey the court's concerns to the Board and consult experts and policymakers.

Petitioners Flag Sudden Language Switch

During the hearing, Senior Advocate Gopal Sankaranarayanan argued that students were being asked to abandon languages they had studied for years.

"What we have been studying all these years, for the last five years, is suddenly taken away from us," he told the bench.

Sankaranarayanan also raised concerns over implementation, saying textbooks were unavailable and teachers and classes had not been arranged in several schools. He said the policy could affect around three million children and urged the court to consider its immediate impact on students.

Bhati, appearing for the Centre, disputed the claims. She told the court that the government had made the necessary arrangements and that officials were present with material to demonstrate its preparedness.

Language Learning Vs Practical Reality

During the hearing, the bench questioned whether promoting Indian languages could be considered contrary to the broader national interest. The Chief Justice stressed the importance of knowing languages and asked whether it would benefit a student in North India to learn a South Indian language.

Senior Advocate Anand Grover, however, questioned the practicality of suddenly requiring a student from South India to study Punjabi or a north Indian student to learn Tamil.

Grover pointed to textbooks that begin with advanced material such as compound sentences, arguing that students unfamiliar with a language would first need to learn its alphabet and basic foundations.

Another counsel questioned how English, a recognised official language of the Union and the language of the court, could be treated as a "foreign language".

The petitioners also argued that the language formula had been envisaged in the National Education Policy (NEP) in 2020 and questioned why the CBSE had not developed adequate faculty and textbooks over the past six years before implementing it.

The arguments highlight the central tension in the dispute. The objective of encouraging students to learn Indian languages has found support from the bench, but the question is whether the transition can be fair to students without adequate preparation in schools.

Court Had Earlier Refused Stay

The Supreme Court had earlier declined to stay the three-language policy, orally observing that "learning a language never goes to waste".

The petitioners have contended that under the new policy, students have to study two Indian languages from Class 9, requiring some students to drop languages they have been studying since Class 5. They have also highlighted the classification of English as a non-native language and raised concerns about the availability of teachers and textbooks for indigenous languages.

Among the measures challenged is CBSE Circular No. Acad-33/2026 dated May 15, 2026.

According to the petitioners, the circular mandates that from July 1, 2026, Class 9 students must study three languages, identified as R1, R2 and R3, with at least two being native Indian languages.

Students wishing to study a foreign language may do so as their third language if the other two are Indian languages, or take it as an additional fourth language.

Class 9 Stress Also Under Spotlight

Concerns over the introduction of a third language at the Class 9 level have also surfaced separately.

Justice BV Nagarathna recently expressed concern over introducing a third language at the Class 9 level under the CBSE curriculum, observing that it places unnecessary stress on students preparing for board examinations.

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With the Supreme Court now asking the authorities to revisit the rollout, the debate is no longer merely about whether students should learn more Indian languages. It is also about when the policy should begin, whether schools are equipped to implement it and whether students already following a different language path should be forced to change course midway.

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