During proceedings held on July 14, 2026, the Supreme Court examined the Central Board of Secondary Education's (CBSE) decision to distinguish English from Indian languages under the recently introduced three-language policy. The Bench observed that English has been used in India for several centuries and continues to function as an official language in multiple States, making its classification a subject worthy of legal consideration.

Justice Joymalya Bagchi, serving on the three-judge Bench led by Chief Justice of India Surya Kant, questioned whether English should continue to be viewed differently from Indian languages given its long history and widespread use across the country. The Court also expressed concern over the use of the phrase "native language" in the CBSE circular, noting that the expression carries historical colonial associations and does not commonly appear in India's constitutional or statutory terminology. Instead, official documents generally refer to concepts such as mother tongue, regional language, or Indian language.

CBSE Circular and Language Policy

The circular issued on July 10 separates Indian languages, including Hindi, Tamil, Telugu, Sanskrit, Punjabi, and others, from languages such as English, German, Spanish, Arabic, and French. Under the revised framework, students entering Class 9 are expected to study at least two languages that originate in India.

Concerns Raised by Petitioners

Senior advocate Gopal Sankaranarayanan, representing parents and students, argued that schools are not adequately prepared to implement the policy. According to the submissions, textbooks are currently available for only a limited number of the 22 Scheduled languages, while recruiting qualified teachers for every language would create significant operational and financial challenges for educational institutions.

Following these submissions, the Supreme Court issued notice on the petition concerning students in Classes 5 and 6 and scheduled the next hearing for July 22, 2026.

Senior advocate Mukul Rohatgi, appearing for Class 9 students, submitted that expecting students to learn a completely new language within a short period and subsequently appear for examinations could impose an additional academic burden. He also highlighted the shortage of qualified language teachers across CBSE-affiliated schools.

Senior advocate Shyam Divan informed the Court that the implementation of the three-language policy had originally been planned for 2030 but was introduced earlier during the 2026–27 academic session.

CBSE's Response

In an affidavit submitted on July 13, the CBSE acknowledged that schools could experience staffing shortages during the transition. As interim measures, the Board suggested engaging retired teachers, qualified postgraduate candidates, existing teachers possessing language proficiency, and adopting virtual or hybrid teaching methods through Sahodaya school clusters.

The Board also stated that nearly half of the schools enrolling Class 9 students already offer instruction in two or more Indian languages and therefore comply with the policy without requiring additional recruitment. Additionally, it reported that almost every affiliated school already employs at least one teacher for an Indian language.

NCERT's Position

The National Council of Educational Research and Training (NCERT) informed the Court that it is preparing textbooks and learning resources in all 22 Scheduled languages. Study materials for Class 9 have already been released in Hindi, Sanskrit, Marathi, and Urdu, while resources for the remaining Scheduled languages are expected to be available by the end of July 2026.

Government's Stand

The CBSE maintained that the three-language framework forms an important component of the National Education Policy (NEP) 2020 and the National Curriculum Framework for School Education (NCFSE) 2023. According to the Board, the initiative is intended to strengthen multilingual education and improve language learning across schools. The Union Government also supported the policy before the Court, stating that it advances legitimate public objectives by encouraging multilingual education throughout the country.