The Supreme Court of India on Tuesday, 14 July 2025, issued notice to the Central Board of Secondary Education (CBSE), the Centre, and the National Council of Educational Research and Training (NCERT) on a fresh batch of petitions challenging the board's revised three-language policy, which makes the study of two Indian languages compulsory from Class 6 onwards in CBSE-affiliated schools. The bench sought a response within two weeks and fixed the matter for a detailed hearing on 29 July.

What the Court Said

A bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohana heard the fresh petitions but declined to grant any interim stay on the operation of the challenged CBSE circulars at this stage. Additional Solicitor General Aishwarya Bhati, appearing for the CBSE, assured the court that the board would file its reply within the stipulated two-week period.

What the Petitions Allege

The fresh petitions challenge the CBSE Secondary School Curriculum (Classes IX-X) 2026-27 and circulars dated 9 April and 4 May, contending that these directives make two languages 'native to India' compulsory from Class 6 — contrary to students' academic choices and fundamental rights. The petitioners, represented by senior advocate Anand Grover along with advocates Tripti Tandon and Advocate-on-Record Rohit Kumar-I, argued that the policy was implemented without authority of law and is unconstitutional.

According to the plea, the petitioners are parents of children studying in Class 6 in CBSE-affiliated private schools in Delhi-NCR whose children had previously been studying English, Hindi, and a foreign language. After the academic session commenced, schools reportedly discontinued foreign languages abruptly and directed students to study Sanskrit instead, causing — in the petitioners' words — 'enormous mental stress, anxiety and uncertainty'.

The Legal Arguments

The petitioners contend that under Section 29 of the Right to Free and Compulsory Education (RTE) Act, 2009, only the NCERT — as the notified academic authority — is empowered to prescribe the curriculum for elementary education, including Class 6. The plea argued that the 2026-27 CBSE curriculum was neither developed nor issued by NCERT, rendering it 'without legal sanction.'

The petitioners also invoked Article 19(1)(a) of the Constitution — the right to freedom of speech and expression — citing the Constitution Bench judgment in State of Karnataka vs. Associated Management of English Medium Primary and Secondary Schools (2014). They further challenged the classification of English as a non-native language under the policy, arguing that English is an official language of the Union under the Official Languages Act, 1963 and cannot be equated with foreign languages such as French, German, or Spanish.

Critics of the policy also allege that it discriminates against middle-class students in CBSE schools by effectively removing foreign-language options that remain available in more expensive international boards. The petitioners additionally argued that the revised framework contradicts the National Education Policy (NEP) 2020, which emphasises flexibility, learner choice, and academic autonomy.

Background and Earlier Proceedings

This is not the first time the revised three-language policy has faced judicial scrutiny. In May, a bench headed by CJI Kant had already issued notice to the Union government, CBSE, and NCERT after agreeing to examine the validity of the framework mandating Class 9 students to study three languages, including at least two Indian languages. At that stage too, the court declined a stay, noting it would examine implementation concerns — including the availability of teachers and study material — while reserving constitutional questions for the final hearing.

Since then, the CBSE has issued further implementation guidelines clarifying that the third language (R3) will not be a Board examination subject in the Class 10 examination for the current batch of Class 9 students. However, students must clear a school-based assessment in the third language to be eligible for the CBSE Secondary School Examination Pass Certificate. The board also clarified that students entering Class 6 from the 2026-27 academic session will eventually face a Board examination in the third language once the curriculum and textbooks are fully rolled out.

What Comes Next

The matter is now scheduled for a detailed hearing on 29 July, where the court is expected to consolidate the fresh petitions with the earlier batch already before it. The central questions — whether CBSE had the statutory authority to mandate the language framework, and whether the abrupt mid-session implementation violated students' fundamental rights — are likely to define the scope of judicial intervention going forward.