Supreme Court Urges CBSE To Revisit Its Three-Language Policy, Consider One-Time Reprieve For Class 6 Students

The Supreme Court today has asked the Central Board of Secondary Education (CBSE) to consider giving a one-time reprieve to students currently in Class 6 from the third-language requirement, so that they do not face a mandatory board examination in that language when they reach Class 10.

A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana has sought the CBSE's clarifications over the sudden implementation of the policy, preparedness of schools and availability of qualified teachers.

The court also asked the CBSE to examine whether the third language should in fact be introduced from Class 6 or whether implementation should begin from Class 3 or 4, while seeking a roadmap for ensuring adequate teachers, course material and other infrastructure before the policy is rolled out.

With regard to the NEP, the court has not questioned the roll out. However, it has said that discretion doesn’t have to impact the rights and asked the CBSE to “go back to the drawing board” on the immediate application of the policy to Class 6 students.

Notably, the CBSE vide their June 29 transitional guidelines had already provided relief to students in Classes 7, 8 and 9 who were already studying two non-native languages. Such students were permitted to retain their existing combination and add an Indian language as the third language. The additional language would be assessed through internal school-based assessment and would not have a CBSE Board examination when the students reached Class 10.

However, the June 29 guidelines provided that students entering Class 6 in 2026-27 and subsequent batches would be subject to the policy in full. They would study three languages, of which at least two would be Indian languages, and would eventually take the Class 10 board examination in the third language.

In July, the Supreme Court while hearing a batch of petitions challenging the implementation of the Central Board of Secondary Education's three-language policy for Class 9 students had remarked, "The learning of a language never goes waste.." and refused to stay the policy in the interim.

CBSE had 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.

Bench: CJI Kant, Justices Bagchi and Mohana

Hearing Date: August 20, 2026