No Government can enforce mother tongue as medium of instruction in primary classes, the Supreme Court ruled in a significant decision on Tuesday.The court struck down two orders passed by the Karnataka Government in 1994 thatmade Kannada the mandatory medium of instruction in primary classes of State-run and private schools.
A five-judge Bench found the State Government’s decision to be violative of Freedom of Speech and Expression - Article 19(1)(a) and freedom to practice any trade and profession - Article 19(1)(g) with regard to private unaided schools.
The Bench comprising CJI RM lodha, Justices AK Patnaik, SJ Mukhopadhaya, Dipak Misra and FM Ibrahim Kalifulla said, “We are of the view that the right to Freedom of Speech and Expression under Article 19(1)(a) of the Constitution includes the freedom of a child to be educated at the primary stage of school in a language of the choice of the child and the State cannot impose controls on such choice just because it thinks that it will be more beneficial for the child if he is taught in the primary stage of school in his mother tongue.”
The court felt that a child or the parents have a right to freedom of choice with regard to the medium of instruction in which they would like to be educated at the primary level comprising Classes I-IV. It said that under Article 350A of Constitution, State cannot force choice of language on the ground that it would be more beneficial to the child.
“The State cannot stipulate as a condition for recognition that the medium of instruction for children studying in classes I to IV in minority schools protected under Articles 29(1) and 30(1) of the Constitution and in private unaided schools enjoying the right to carry on any occupation under Article 19(1)(g) of the Constitution would be the mother tongue of the children as such stipulation,” the Bench said.