SC ISSUES MOTHER OF INSTRUCTIONS ON MOI (ToI)

May 7, 2014

 

Parents decide on the Medium of Instruction

Not even mother tongue can be imposed as the 

language of instruction

Upholds Karnataka HC order of 2011 striking down, order of MoI in primary schools in – Kannada or mother tongue

 

TEAM HERALD

 

NEW DELHI: In a ruling snubbing many state governments forcing the medium of instruction in schools under their jurisdiction, the Supreme Court on Tuesday ruled that what medium choice rests with parents of a child and not with the government.

A particular language can’t be imposed as a medium of instruction by any government – Centre or state – not even as the “mother tongue” of the state, the Constitution Bench held.

In another case, the Constitution Bench put its stamp for the second time on the validity of the Right to Education (RTE) Act that was earlier upheld by a three-judge Bench.

It, however, exempted the aided minority institutions from fulfilling their obligation to reserve 25% seats for social and economically backward children under the RTE Act. The court had in 2012 ruled that unaided minority institutions were not obliged to reserve the seats.

The five-judge Bench headed by Justice R M Lodha ruled that the government has no authority to impose “mother tongue” as medium of instruction for kids in the primary schools.

The Bench, comprising also Justices A K Patnaik, Justice Sudhansu Jyoti Mukhopadhaya, Justice Dipak Misra and Justice Fakkir Mohamed Ibrahim Kalifulla, ruled that a state government cannot insist that the medium of instruction at the primary level be the mother tongue only.

The judgement, written by Justice Patnaik, answers four questions framed by the Bench of then Chief Justice P Sathasivam and Justice Ranjan Gogoi. It said crux of the petition is “whether the mother tongue or the regional language can be imposed by the State as the medium of instruction at the primary education stage.”

It upheld a Karnataka high court order which had disallowed the state for imposing Kannada at the primary level in all schools in the state, including minority, unaided and non-Kannada schools.

Karnataka had laid down in 1994 that the medium of instruction in all primary schools should be either Kannada or the child’s mother tongue. The order was later struck down by the High Court in July 2011.

The top court on Tuesday also ruled that such an executive order was violative of a child’s fundamental right to study in the medium of his choice.

Four questions which were posed to the Constitution Bench by then Chief Justice Sathasivam’s Bench on July 5 last year were: (i) What does mother tongue mean? If it referred to as the language in which the child is comfortable with, then who will decide the same? 

 

(ii) Whether a student or a parent or a citizen has a right to choose a medium of instruction at primary stage? (iii) Does the imposition of mother tongue in any way affect the fundamental rights under Article 14, 19, 29 and 30 of the Constitution? and (iv)  Whether the Government recognised schools are inclusive of both government-aided schools and private and unaided schools?

The journey of this case started way back in June 19, 1989 when Karnataka government in pursuance to constitutional mandate under Article 350 A (Facilities for instruction in mother-tongue at the primary stage) of the Constitution issued an order making Kannada as the medium of instruction at the primary school level and making it mandatory for every child who has not opted for ‘Kannada’ as the first language to take it as a second  language.

The apex court by its order dated December 8, 1993 upheld the government order which was challenged by the English Medium Students Parents Association.

Upon its language policy being upheld by the apex court, Karnataka government on April 22, 1994 issued another order reiterating its earlier order of June 19, 1989. On April 29, 1994, it issued another order saying that the new language policy would be applicable from academic year 1994-95 and the medium of instruction would be mother tongue or Kannada but exempted the students studying in 2nd, 3rd and 4th standard allowing them to continue studying in the medium they were perusing their studies.

The April 29, 1994 order said that all those who will not fall in line and adhere to new language policy would face closure.

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