Courts cannot compel states to adopt NEP: SC
New Delhi, May 10 -- The Supreme Court on Friday dismissed a petition seeking the implementation of the National Education Policy (NEP) in Tamil Nadu, West Bengal, and Kerala, saying it cannot compel any state to adopt it.
A bench of justices JB Pardiwala and R Mahadevan said the court can only intervene in case of the violation of fundamental rights due to the implementation of a policy.
Advocate GS Mani filed the petition, claiming Tamil Nadu, West Bengal, and Kerala were constitutionally bound to implement the NEP. He said the policy was being opposed on the grounds of the three-language formula and that it requires students to learn Hindi.
Mani told the court he is from Chennai but settled in Delhi when asked: "Who are you and how are you concerned with NEP?" The court told Mani he had no cause to file the plea since he lives in Delhi. It dismissed the plea, saying Mani has nothing to do with the cause he proposes to espouse. "Though he hails from Tamil Nadu, he admits that he is a resident of Delhi."
The court cited the Constitution's Article 32, which allows it to issue directions to ensure the fundamental rights are protected. "It cannot compel any state to adopt the NEP. But the court may intervene if the state's action violates fundamental rights of citizens."
The court told Mani that his children can continue learning Hindi in Delhi. It suggested that the NEP could be examined in an appropriate proceeding.
Mani's petition questioned the objections to implementing the NEP. It claimed that states were unnecessarily making the NEP a political issue. The plea said the NEP only seeks to provide uniformity in education. It added that all Indian languages should be taught free of cost to school children from all strata of society.
"By refusing to accept this plan, the state government is denying the fundamental right of free education to the school children," the petition said....
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