Supreme Court Directs CBSE to Grant Same Three-Language Exemption to Class 6

The Supreme Court on Monday directed the Central Board of Secondary Education (CBSE) to extend the same transitional relaxation already available to Class 7 students to those currently in Class 6 under the three-language formula. The relief means that Class 6 students will not face a pass-or-fail consequence in the third language when they appear for the Class 10 Board examinations, with assessment limited to an internal school-based evaluation and an appearance certificate. The decision came during the hearing of a batch of petitions challenging the CBSE’s three-language policy, which aligns with the National Education Policy (NEP) 2020.

Background: The Three-Language Formula Controversy

The CBSE’s three-language policy, notified in March, requires students to study three languages, with at least two being Indian or “Bhartiya Bhashas.” The policy drew widespread criticism from parents and schools for being imposed mid-academic session without adequate infrastructure, textbook availability, or language options. Petitioners argued that forcing students to switch from foreign languages they had been studying—such as Spanish, French, or German—to Indian languages like Hindi or Sanskrit disrupted their academic trajectory and caused undue stress. The matter reached the Supreme Court, which had earlier suggested a phased implementation and granted relaxations to Classes 7, 8, and 9, exempting them from a CBSE Board examination in the third language.

Key Developments in Court

A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana heard extensive arguments from both sides. Solicitor General Tushar Mehta, appearing for the Centre and CBSE, informed the court that detailed discussions had taken place on the earlier suggestion to exempt current Class 6 students. He submitted that the government was keen to implement the policy from the current academic year, noting that out of 28,819 CBSE-affiliated schools, only about 1.2% were yet to comply, while textbooks and materials were available.

Additional Solicitor General Aishwarya Bhati elaborated on the transitional relaxation granted to Classes 7–9: the third language would be assessed internally by schools, with no CBSE Board examination and no pass/fail consequence for Class 10 results. Justice Bagchi observed that the CBSE had nearly covered its entire ecosystem but suggested a “soft launch” for Class 6 students to address logistical difficulties. “This is only a question of a soft launch,” he remarked, proposing that full implementation could begin in 2027 after schools had more time to arrange qualified teachers and resources.

Petitioners’ Concerns and Court’s Response

Senior Advocate Gopal Sankaranarayanan, representing the petitioners, opposed immediate implementation for Class 6. He argued that students had opted for the scheme only because they had no alternative, and highlighted the initial unavailability of textbooks online. He pointed out that the CBSE caters to about 28.83 lakh students and that neither the ICSE board nor state boards were imposing similar mid-stream requirements. He urged the court to defer the policy for Class 6 until at least 2027.

Other counsel raised the issue of English being classified as a “non-native” language under the policy, forcing students to give up foreign languages they had already been studying. One lawyer questioned, “When the Constitution is written in English and the Supreme Court proceedings are held in the same language, how can it be regarded as 'non-native'?” Justice Bagchi indicated that the court would consider this issue separately. Concerns were also flagged about limited language options—some schools offered only Hindi and Sanskrit—and infrastructure gaps, especially in rural areas.

Senior Advocate Anand Grover raised the specific difficulty of a student wanting to learn Punjabi, questioning what options existed under the policy.

The Court’s Direction

After hearing the submissions, the bench directed that Class 6 students be granted the same exemption as Class 7 students. “There will be no pass/failure. There will only be appearance certificate,” the Chief Justice indicated. The order recorded the submission that 99% of schools had adequate infrastructure, and directed the CBSE to appoint an officer to reach out to the remaining 1.2% of schools to ascertain their difficulties. Justice Bagchi added that if any school withheld a student’s promotion based on internal assessment under the three-language formula, the court would intervene.

The CBSE has been directed to file a counter-affidavit within four weeks, with a rejoinder to follow. The main matter has been posted for further hearing.

Legal Analysis and Implications

The Supreme Court’s decision reflects a pragmatic approach to policy implementation, balancing the government’s NEP objectives with the practical difficulties faced by students and schools. By extending the same relaxation to Class 6, the court effectively created a uniform transitional regime for Classes 6 to 9, avoiding the anomaly of treating two consecutive grades differently. This “soft launch” approach allows the CBSE to continue building infrastructure and training teachers without penalizing students mid-stream.

The court’s willingness to examine the classification of English as a “non-native” language is significant. Given the language’s role in the Indian Constitution and legal system, any rigid categorization could face constitutional challenges under Articles 14 and 21. The court’s observation that this issue will be considered indicates that the three-language policy may face further scrutiny.

Impact on Schools and Students

For schools, the direction provides clarity: they must implement internal assessment for the third language for Classes 6–9, with no board examination pressure. However, the remaining 1.2% of non-compliant schools face court monitoring. For students, the relief reduces exam stress, but the underlying concern of forced language change remains unresolved for those who had opted for foreign languages. The court’s intervention may set a precedent for other boards considering similar mid-term policy changes.

Conclusion

The Supreme Court’s order on the CBSE three-language formula is a measured response that eases the burden on Class 6 students while allowing the policy to proceed. The case continues to raise fundamental questions about educational policy, linguistic diversity, and the rights of students and parents. With the next hearing scheduled in six weeks, all eyes will be on the CBSE’s counter-affidavit and the court’s eventual decision on the broader challenge.