Supreme Court On CBSE Three Language Policy: "Learning A Language Never Goes Waste"

The Supreme Court on Tuesday heard batch of petitions challenging the implementation of the Central Board of Secondary Education's three-language policy for Class 9 students.

As the court heard arguments by senior lawyers, the CJI remarked, "The learning of a language never goes waste..". Refused to stay the policy in the interim, the court has posted the case for further consideration on July 22, 2026.

Senior Advocate Anand Grover argued that the CBSE circulars were issued without legal authority, contending that only NCERT has the power to frame such academic policies. Senior Advocate Mukul Rohatgi highlighted the difficulties faced by students already studying foreign languages. He argued that a Class 9 student who has been studying French cannot suddenly be required to take up another Indian language and appear for examinations within the same academic session.

Senior Advocate Gopal Sankaranarayanan also urged the court to stay implementation of the policy, expressing concerns that teachers could face adverse consequences if schools fail to comply. 

Reportedly, CBSE has said that it will modify its three-language framework (R1-R2-R3) which was introduced recently for students entering Class IX from the Academic Session 2026-27. CBSE's May order, issued to align its three-language policy with the National Education Policy (NEP) 2020, did not clearly specify whether the requirement would apply to students already in Classes 7, 8 and 9 who had opted for two foreign languages, leading to confusion among schools and parents over whether existing language combinations would need to be changed mid-course. The requirement under the revised policy to study at least two Indian languages will apply only to students entering Class 6 in future academic cycles and the provision will not be applied retrospectively to students already enrolled in higher classes, as per CBSE.

On May 27, the Supreme Court had issued notice in a plea seeking to quash the Circular issued on May 15, 2026 by the Central Board of Secondary Education (CBSE), which stipulates the study of three languages, R1, R2, and R3, shall be compulsory for all students in Class IX. As per the Circular, at least two of the three must be native Indian languages, whilst foreign languages are relegated to the position of R3 only where both R1 and R2 are native Indian languages, or alternatively as an additional fourth language. This has been challenged on the ground that it unconstitutional, arbitrary, and ultra vires Articles 14, 19, 21, and 21A of the Constitution of India.

The Impugned Circular states that Class IX students shall use Class VI R3 textbooks as the primary pedagogical resource until dedicated secondary-stage textbooks are made available. It also provides that, in the absence of a qualified teaching staff proficient in the regional languages, the schools may, as an “interim arrangement,” engage teachers of other subjects possessing mere “functional proficiency” to teach R3 and that all R3 assessments shall be entirely school-based and internal, with no Board Examination required at this stage at the Class X level, though R3 performance shall be reflected in the CBSE certificate; and schools are directed to update R3 offerings on the OASIS portal by June 30, 2026.

Court had been told that the Impugned Circular further violates Article 21A of the Constitution, which guarantees the right to free and compulsory education as mandating a compulsory subject without textbooks, trained teachers, or an assessment framework does not amount to quality education. "Directing Class IX students to use Class VI textbooks, and permitting subject-matter teachers with mere “functional proficiency” to impart language instruction, are precisely the kinds of qualitative compromises that this Hon'ble Court held to be constitutionally impermissible in Devesh Sharma", the petition states.

Notably, Dr. Fauzia Khan, former Member of Parliament from Parbhani Constituency, Maharashtra and a former Minister of State in the Government of Maharashtra has moved Supreme Court of India to intervene in a pending Writ Petition challenging the CBSE Circular which mandates the compulsory study of three languages: R1, R2, and R3, in Class IX. Few days back, the top Court had also declined to grant interim relief in a plea challenging the implementation of CBSE's b revised three-language framework.

Case Title: YASHICA BHANDARI JAIN Vs UNION OF INDIA

Bench: CJI Kant, Justices Bagchi and Mohana

Hearing Date: July 15, 2026