The Supreme court today ruled that the government cannot impose mother tongue on linguistic minority for imparting primary education as it affects the fundamental rights guaranteed under the Constitution.
A five-judge Constitution Bench headed by Chief Justice R M Lodha said the state has no power under Article 350A of the Constitution to compel the linguistic minorities to choose their mother tongue as the only medium of instruction.
It also said the state cannot force choice of language on the ground that it would be more beneficial to the child.
"Prescribing the medium of instruction in schools to be mother tongue in the primary school stage in classes I to IV has, however, no direct bearing and impact on the determination of standards of education, and will affect the fundamental rights under Articles 19(1)(a) and 19(1)(g) of the Constitution.
"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, also comprising justices A K Patnaik, S J Mukhopadhaya, Dipak Misra and F M I Kalifulla, also said the children and their parents have right to choose the language for instruction in primary school.
