Supreme Court Again Asks CBSE to Exempt Class 6 from Three-Language Policy Mid-Year

The Supreme Court of India on Thursday reiterated its direction to the Central Board of Secondary Education (CBSE) to consider granting a one-time exemption to current Class 6 students from the newly introduced three-language requirement, warning against springing the policy on children and families mid-academic year. A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana suggested that mandatory implementation for Class 6 could be deferred to January 2027, allowing the present batch to opt for a third language voluntarily while the board addresses logistical concerns.

The court’s observation came during the hearing of petitions challenging CBSE’s revised language framework under the National Education Policy (NEP) 2020 and the National Curriculum Framework for School Education (NCF-SE) 2023. The bench had first floated the idea of relaxation on August 20, but CBSE had refused, arguing that exempting Class 6 would create learning gaps and set a precedent for future batches. However, the top court remained unconvinced, emphasizing that the policy should not be introduced as a surprise mid-stream.

Background: A Policy Years in the Making

The three-language formula is not new—it has been part of Indian education policy since 1968. What changed under NEP 2020 and the subsequent framework is that at least two of the three languages must be indigenous Indian languages. The CBSE implemented the revised requirement from the 2026–27 academic year, making it mandatory for students entering Class 6. However, transitional relief was granted to students in Classes 7, 8, and 9, allowing them to retain their existing language combinations and have the third language assessed at the school level.

The current Class 6 batch, however, was left without similar relief. Senior advocate Anand Grover, appearing for the petitioners, informed the court that CBSE had declined to extend the exemption to Class 6 despite the earlier suggestion. The court then impressed upon Additional Solicitor General Aishwarya Bhati, representing CBSE, to reconsider its stance in the interest of student comfort and logistical feasibility.

Court’s Pragmatic Suggestion

Justice Joymalya Bagchi articulated the bench’s view: “From next year, you can have this exercise from 6th standard…2020 the policy was envisaged…it has been put in place in early months of 2026…we are saying put it in early 2027, so that everyone comes to terms with it…give some elbow space.” The court clarified that this suggestion was made without prejudice to the petitioners’ legal contentions regarding the policy’s validity from the notified date.

The bench further indicated that students currently in Class 6 who wish to study a third language could be permitted to do so voluntarily during the ongoing academic year. This approach, the court noted, would avoid a sudden disruption while allowing the board to phase in the requirement smoothly. The ASG agreed to convey the court’s suggestions to the CBSE and return with instructions on September 23.

CBSE’s Opposition: Learning Gaps and Precedent

In a fresh note submitted to the court, CBSE laid out its reasons for opposing the exemption. The board argued that Class 6 was deliberately chosen as the foundational stage for implementing the language framework. “If the present Class VI students are exempted at the foundational stage of implementation, they would enter Classes VII and VIII without the learning exposure and continuity contemplated under the framework,” the board stated. This, CBSE warned, could result in “avoidable learning gaps” and put students at a pedagogical disadvantage.

Additionally, CBSE expressed concern that a one-time exemption would trigger a cycle of demands, with every subsequent batch expecting similar relief, thereby indefinitely delaying implementation. The board maintained that the revised framework was already operational in most affiliated schools and that issues related to teachers and learning resources were being addressed.

Data on Resources and Committee Formation

To counter concerns about infrastructural readiness, CBSE presented data showing that out of 20,777 schools with available data, 93.3% already had teachers for at least two indigenous Indian languages, and 3,523 schools had teachers for three or more. Textbooks for third-language studies in all 22 scheduled Indian languages are available on the NCERT website, covering the language choices of 98.36% of CBSE schools. For languages not covered by NCERT, schools can use resources from State Councils of Educational Research and Training.

Further, CBSE informed the court that it had formed a five-member committee on September 16 to facilitate and monitor implementation of the three-language framework from Classes 6 to 10. The committee, headed by Education Ministry director Bhagwati Prasad Kalal, includes NCERT secretary Rajeev Kumar, CBSE director (academics) Praggya M Singh, KVS additional commissioner Chandana Mandal, and NVS deputy commissioner Somvir Poonia. Its mandate includes examining language options, teacher availability, textbooks, digital resources, and suggesting steps to address difficulties faced by schools.

Legal Implications and Broader Context

The Supreme Court’s insistence on a phased implementation reflects a judicial preference for pragmatic transition over abrupt policy enforcement. By suggesting a voluntary opt-in for the current batch and a delayed mandatory start, the court is balancing the need for educational reform against the practical realities faced by students, parents, and schools. The observation that the policy should not be introduced as a “surprise” underscores the principle that policy changes affecting fundamental aspects of education must allow adequate preparation time.

The case also raises broader questions about the rollout of NEP 2020. The three-language formula has been a contentious issue, particularly regarding the status of English as a “non-native” language and the availability of teachers for Indian languages. The Supreme Court had earlier questioned the characterization of English and sought data on infrastructural preparedness. These issues remain pending, with the court’s current suggestion being procedural rather than a final adjudication on the policy’s validity.

Impact on Schools and Students

For schools, the court’s suggestion offers a window to align their resources without the pressure of immediate compliance. The data presented by CBSE indicates that most schools already have the necessary language teachers, but the voluntary opt-in approach could reduce administrative strain. For students, the possibility of a delayed mandatory requirement means they can continue with their existing language choices while optionally exploring a third Indian language.

However, CBSE’s concern about learning gaps and continuity is not without merit. A staggered implementation could indeed lead to disparities between batches. The committee’s role in monitoring will be crucial to ensure that the transition does not compromise educational standards.

Conclusion: Awaiting CBSE’s Response

The Supreme Court has given CBSE until September 23 to respond to its suggestion. If the board accepts the court’s proposal, the current Class 6 batch will be exempted from the mandatory three-language requirement, with the policy becoming compulsory only for students entering Class 6 in January 2027. The court also indicated that students who wish to study a third language voluntarily could be allowed to do so now.

This case serves as a reminder that even well-intentioned policy reforms require careful implementation strategies. The judiciary’s intervention here aims to prevent disruption while upholding the broader objectives of NEP 2020. Legal professionals will be watching closely as the CBSE’s response could set a precedent for how education policies are rolled out in the future.