SC: States Can’t Be Forced to Adopt NEP

SC: States Can’t Be Forced to Adopt NEP

Why in the News ?

The Supreme Court dismissed a PIL seeking mandatory implementation of the National Education Policy (NEP) 2020 across all states, stating it cannot compel states under Article 32, though it may intervene if fundamental rights are violated.

SC: States Can’t Be Forced to Adopt NEP

Supreme Court’s Stand on NEP Implementation:

  • A bench of Justices J B Pardiwala and R Mahadevan held that the Court cannot compel states to adopt the National Education Policy 2020 under Article 32.
  • The issue of whether states should adopt NEP is a “vexed issue” beyond the scope of the present petition.
  • Court clarified it can only intervene if a state’s action or inaction under NEP violates any fundamental rights.

Dismissal of PIL Against Tamil Nadu and Others

  • The PIL, filed by Advocate G S Mani, urged the Court to direct Tamil Nadu and other states to implement NEP and sign MoUs with the Union Government.
  • SC dismissed the petition, stating the petitioner had no direct stake as he resides in New Delhi despite being from Tamil Nadu.
  • Justice Pardiwala remarked humorously when Mani complained about not learning Hindi, saying: “Then learn Hindi now in Delhi, na?”

Clarification on Language and NEP Provisions

  • The petitioner alleged NEP imposes Hindi, but the Court clarified NEP does not mandate Hindi.
  • NEP offers financial aid for promoting Hindi, English, state languages, or other relevant subjects, without enforcing language imposition.

  • SC emphasized that adopting NEP remains a state prerogative under federal principles.

Historical and Constitutional Background:

●     Ancient India followed the Gurukul system, with holistic learning under a guru.

●     Nalanda University attracted global students, symbolizing India’s rich educational heritage.

●     The British era saw major reforms: Macaulay Committee, Woods’ Despatch, and Hunter Commission, influencing modern education.

●     Originally, education was a state subject, but the 42nd Amendment (1976) shifted it to the Concurrent List, diluting federal control.

Current Legal, Constitutional & Institutional Framework:

●     Literacy rate stands at 74.04%, below global average (86.3%); female literacy at 65.46% (Census 2011).

●     Article 21A ensures free & compulsory education for 6–14 years (via RTE Act 2009).

●     Key schemes: Samagra Shiksha, SSA, RMSA, RUSA, Mid-Day Meal, PM SHRI.

●     National Education Policy 2020 aims for inclusive, holistic reform.