The Supreme Court challenged the CBSE’s labeling of English as a ‘non‑native’ language, raising constitutional questions about the term ‘native’. The debate spotlights the three‑language formula and the need to revisit India’s language policy goals.

Key Takeaways

  • CBSE’s classification of English as ‘non‑native’ sparked legal scrutiny.
  • The Supreme Court interrogated the constitutional meaning of ‘native’.
  • Implementation of the three‑language scheme faces a critical teacher shortage.

New Delhi (July 14, 2026) – India’s apex court on Tuesday questioned the Central Board of Secondary Education’s (CBSE) circular that categorises English as a “non‑native” language under the three‑language formula. Justice Joymalya Bagchi, sitting on a three‑judge bench headed by Chief Justice Surya Kant, asked, “Can India consider English as an indigenous Indian language?” The query revives a long‑standing debate over the constitutional and historical status of English in India.

Historical and Constitutional Context

India’s Constitution never uses the term “native” to describe languages; it speaks of “mother‑tongue”, “regional language”, or “Indian language”. English entered the administrative sphere during British rule and continues to function as an official language in several states. Consequently, the word “native” carries a colonial baggage, a point the Court explicitly highlighted.

The Three‑Language Formula Controversy

The latest CBSE circular dated July 10 mandates Class 9 students to study at least two “native” Indian languages. This provision has alarmed parents, students, and legal counsel because, of the 22 scheduled languages, textbooks are currently available for only three. Senior advocate Gopal Sankaranarayanan argued that providing instructional material for all 22 languages would require a proportional increase in teaching staff – an operational challenge of massive scale.

Teacher Shortage and Pragmatic Solutions

In a July 13 affidavit, CBSE acknowledged the looming human‑resource crunch and proposed hiring retired teachers and “suitably qualified post‑graduates” as an interim measure. The board noted that out of 28,848 schools offering Class 9 education, 47.3 % already provide two or more Indian languages, and 99.9 % have at least one Indian‑language teacher. The National Council of Educational Research and Training (NCERT) has also completed textbook development for the 22 scheduled languages, with digital resources for Hindi, Sanskrit, Marathi, and Urdu already uploaded.

Implications and Way Forward

The Court set the next hearing for July 22, which will determine whether the three‑language formula needs amendment. Recognising English as an “indigenous” language could reshape resource allocation, teacher training, and the broader objectives of the National Education Policy‑2020, which aims to promote multilingualism while preserving India’s linguistic heritage.