The Supreme Court on Friday refused to entertain a petition demanding the compulsory implementation of the National Education Policy (NEP) in Tamil Nadu, West Bengal, and Kerala, ruling that it cannot compel states to adopt the policy. A bench of Justices J.B. Pardiwala and R. Mahadevan clarified that judicial intervention is warranted only when a policy violates fundamental rights.
The petition, filed by advocate G.S. Mani, argued that the three states were constitutionally bound to implement the NEP, which promotes a uniform education structure and includes the controversial three-language formula. Mani alleged that states were opposing the policy on political grounds, particularly objecting to the mandatory teaching of Hindi.
When asked about his connection to the issue, Mani responded that although he hails from Tamil Nadu, he resides in Delhi. The bench observed that Mani lacked the locus standi to file the petition, stating, “Though he hails from Tamil Nadu, he admits that he is a resident of Delhi.” The court dismissed the plea on the grounds that Mani had no personal stake in the matter.
Referring to Article 32 of the Constitution, which allows the court to intervene to protect fundamental rights, the bench noted, “It cannot compel any state to adopt the NEP. But the court may intervene if the state’s action violates fundamental rights of citizens.”
Mani had urged the court to uphold the right of children to receive free and quality education and to issue directions for the implementation of the NEP across all states. He asserted that the NEP aims to provide uniform and inclusive education and suggested that Indian languages be taught to schoolchildren at no cost.
Tamil Nadu Chief Minister M.K. Stalin has been a vocal opponent of the NEP, especially its three-language formula, accusing the Centre of attempting to impose Hindi on non-Hindi-speaking states. He has consistently maintained that education is a state subject and has demanded a reversal of the 42nd Constitutional Amendment, which shifted education to the Concurrent List.
The disagreement between the Centre and Tamil Nadu has also affected funding under the Samagra Shiksha scheme, with the Union government reportedly withholding support due to the state’s refusal to implement NEP provisions.
In a move to assert state rights, Stalin announced in April the formation of a high-level committee headed by former Supreme Court judge Justice Kurian Joseph. The panel has been tasked with exploring ways to safeguard the constitutional autonomy of states and strengthen cooperative federalism.
The Supreme Court’s decision today reinforces the federal structure of governance and reiterates that policy adoption remains a prerogative of individual states unless fundamental rights are directly impacted.
