The movement to mandate learning of the dominant official language of states as a compulsory subject has acquired momentum again. In 2017, West Bengal, Karnataka and Telangana took measures to make learning of their official vernacular language in all private schools compulsory irrespective of the boards with which schools are affiliated. Similarly, Punjab and Maharashtra also seem geared to ensure it is compulsorily taught in all schools in their respective states. This seems to be a growing trend. While some states want the medium of instruction to be the dominant/official state language, other relatively more progressive states want it to be taught as another subject. In either case, the states justify this as an attempt to preserve and promote their cultural heritage. While the pros and cons of these fiats including the political pulls and pushes behind them can be debated, the moot point is whether state governments can legally mandate all schools in their jurisdiction to introduce such compulsory learning. Under the Constitution, education falls within the concurrent list. This means both the Central and state governments have the power to legislate on the subject, i.e, state governments can enact legislation which it believes is in the states interest and does not conflict with any Central legislation. This specific question was examined by the Supreme Court in Usha Mehta vs. State of Maharashtra (2004). The issue before the court was whether Maharashtra could legislate teaching of Marathi as a compulsory subject in all schools from class V onward. The constitutional validity of this imposition was challenged by an English-medium school, run by promoters from the Gujarati linguistic community. The petitioners claimed that following this directive, they were obliged to teach four languages (Hindi, English, Marathi and Gujarati), as against the normative three language formula. Relying on several judgements of the apex court, including the landmark T.M.A. Pai Case (2002), the court concluded that the state can impose reasonable regulations on minority-run institutions in the larger interest of the state and nation. The court reasoned that since Marathi is the official language of Maharashtra state, and official and common business was conducted in Marathi, a proper understanding of the language was essential for ease of living within the state. Therefore, the court ruled that every state has the right to mandate compulsory learning of its official language. Thus the right “not to learn” sought by the petitioners was not accepted by the court, and the policy directive of the Maharashtra government was upheld. However, the judgement of Usha Mehta’s Case needs to be distinguished from the ruling of the apex court in State of Karnataka vs. Associated Managements of English Medium Primary and Secondary Schools (2014) in which the court considered the question of whether mother tongue or official state language can be imposed as a medium of instruction in primary education. In this case, the court held that such an imposition is violative of the fundamental rights of minority-run institutions. Going further, the court held that even private schools…
