NEW DELHI — In a landmark judicial intervention that could reshape India’s linguistic policy framework, the Supreme Court has questioned whether English should be classified as an “indigenous” Indian language, challenging the colonial-era terminology used in official education directives. During a hearing on a petition contesting a Central Board of Secondary Education (CBSE) circular, a bench led by Chief Justice D.Y. Chandrachud criticized the use of the term “native” to describe Indian languages, arguing that it carries outdated imperial connotations and fails to reflect the evolving status of English in modern India.
The court’s observations, made while examining the constitutional validity of the CBSE’s three-language policy implementation, have reignited a decades-old debate about linguistic identity, national unity, and the legacy of colonialism in India’s education system. The case has far-reaching implications for how languages are categorized in official policies, particularly in a country where English remains a dominant medium for higher education, administration, and global commerce—despite its foreign origins.
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What Happened: The Supreme Court’s Challenge to Linguistic Framing
The controversy stems from a CBSE circular issued under the National Education Policy (NEP) 2020, which directed schools to prioritize “native” Indian languages under the three-language formula. The formula, a long-standing policy in Indian education, requires students to study three languages: typically Hindi, a regional language, and English. However, the CBSE’s circular specified that at least two of these should be “Indian languages,” with one being the “native” language of the region.
A group of educators and parents challenged the circular, arguing that it unfairly excluded English from the category of “Indian languages” and risked marginalizing a language that has been integral to India’s education and professional landscape for over two centuries. The petitioners contended that the term “native” was not only anachronistic but also failed to account for the organic evolution of English in India, where it has been adopted, adapted, and indigenized by generations of speakers.
During the hearing, Chief Justice Chandrachud questioned the very premise of the CBSE’s directive. “Can’t English be considered an indigenous Indian language?” he asked, noting that the term “native” was “loaded with colonial connotations.” The bench observed that the three-language formula, which includes English, aligns with the constitutional mandate under Article 351 to promote Hindi while respecting linguistic diversity. However, the court expressed concern that the CBSE’s framing could perpetuate a hierarchical view of languages, where “native” languages are privileged over others—including English—despite their equal relevance in contemporary India.
The court has sought responses from the Union government and the CBSE and has listed the case for further hearing next month. The outcome could force a reevaluation of how languages are classified in official policies, particularly in education, where the NEP 2020 has already sparked debates over the balance between regional languages and English.
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Why It Matters: Language, Identity, and the Legacy of Colonialism
The Supreme Court’s intervention touches on three critical issues: the definition of linguistic identity in post-colonial India, the practical role of English in education and employment, and the constitutional mandate to promote linguistic diversity without reinforcing colonial hierarchies.
# 1. The Problem with “Native”: A Colonial Legacy
The term “native” in the context of Indian languages is deeply problematic. Historically, colonial administrators used it to distinguish between “native” (i.e., indigenous) languages and “foreign” ones like English, reinforcing a racial and cultural hierarchy. This framing was not merely descriptive but ideological, positioning English as a superior language of administration, education, and modernity, while relegating Indian languages to a subordinate status.
In contemporary India, where English is no longer the exclusive domain of the elite but a tool for social mobility, the persistence of this terminology risks perpetuating outdated power structures. As Chief Justice Chandrachud noted, the term “native” may no longer be appropriate in a country where languages like English have been “domesticated” through centuries of use. For instance, Indian English has developed its own distinct vocabulary, syntax, and cultural nuances, setting it apart from British or American English. Terms like “prepone” (the opposite of “postpone”), “timepass” (a way to pass time), and “lakh” (a unit of 100,000) are uniquely Indian, reflecting the language’s adaptation to local contexts.
# 2. English in India: A Language of Opportunity or Elite Privilege?
The debate over English’s status in India is not merely academic—it has real-world consequences for millions of students. English remains the primary medium of instruction in many of India’s top universities, including the Indian Institutes of Technology (IITs) and the Indian Institutes of Management (IIMs). It is also the dominant language in sectors like information technology, law, medicine, and corporate governance. For students from non-English-medium backgrounds, the lack of proficiency in English can be a significant barrier to upward mobility.
However, critics argue that the overemphasis on English in education has led to the neglect of regional languages, particularly in states where Hindi is not the dominant language. The NEP 2020 attempted to address this imbalance by mandating the use of mother tongues or regional languages as the medium of instruction at least until Class 5, with a gradual transition to other languages. Yet, the policy’s implementation has been uneven, with many private schools—particularly in urban areas—continuing to prioritize English due to parental demand.
The Supreme Court’s questioning of the CBSE circular could force a reckoning with this tension. If English is recognized as an “indigenous” language, it could pave the way for policies that treat it as an equal partner in India’s linguistic ecosystem, rather than a colonial imposition. Conversely, if the court upholds the CBSE’s framing, it could reinforce the idea that English is an “outsider” language, potentially limiting its role in education and administration.
# 3. The Constitutional Mandate: Balancing Unity and Diversity
India’s linguistic diversity is both a strength and a challenge. The Constitution recognizes 22 officially scheduled languages, but hundreds more are spoken across the country. Article 351 of the Constitution directs the Union government to promote the spread of Hindi as a means of fostering national unity, while Article 343(1) designates Hindi as the official language of the Union. However, the Constitution also guarantees the right to conserve and develop one’s language under Article 29, and it allows states to adopt their own official languages under Article 345.
The three-language formula was introduced in the 1960s as a compromise to balance these competing interests. It sought to promote Hindi as a link language while ensuring that non-Hindi-speaking states could continue using their regional languages. English was included as a “neutral” language, particularly in states like Tamil Nadu, where there has been strong resistance to Hindi imposition.
However, the formula has often been contentious. In 2019, the Tamil Nadu government rejected the NEP 2020’s three-language policy, arguing that it amounted to a backdoor imposition of Hindi. The state has long advocated for a two-language formula—English and Tamil—citing the need to protect its linguistic identity. The Supreme Court’s current case could either validate or challenge such regional resistance, depending on how it interprets the constitutional mandate.
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Background and Context: The Evolution of India’s Language Policies
# 1. The Colonial Era: English as a Tool of Control
English was introduced to India during British colonial rule, initially as a language of administration and education for the elite. The Macaulay Minute of 1835 famously declared that the goal of British education policy was to create “a class of persons Indian in blood and colour, but English in tastes, in opinions, in morals, and in intellect.” This policy was not merely about language but about cultural assimilation, positioning English as a superior language that would “civilize” the Indian population.
However, the spread of English also had unintended consequences. It became a language of resistance, used by Indian reformers like Raja Ram Mohan Roy and later by nationalists like Jawaharlal Nehru and Subhas Chandra Bose to articulate anti-colonial ideas. By the time of independence in 1947, English had become deeply embedded in India’s legal, administrative, and educational systems, making it impossible to eliminate entirely.
# 2. Post-Independence: The Three-Language Formula and the Hindi Debate
After independence, India’s language policy became a site of intense political contestation. The Constituent Assembly debated whether Hindi should replace English as the official language of the Union, but resistance from non-Hindi-speaking states—particularly in the south and the northeast—led to a compromise. The Official Languages Act of 1963 allowed English to continue as an “associate” official language alongside Hindi, with the understanding that Hindi would gradually replace English over time.
The three-language formula was introduced in 1968 as part of the National Policy on Education. It required students to study three languages: Hindi, a regional language, and English (or another modern Indian language in Hindi-speaking states). The policy was designed to promote national unity while respecting linguistic diversity. However, its implementation has been inconsistent, with many states either ignoring it or adapting it to local preferences.
# 3. The NEP 2020: A New Push for Indian Languages
The National Education Policy 2020 marked a significant shift in India’s language policy, emphasizing the importance of mother tongues and regional languages in early education. The policy mandated that the medium of instruction until at least Class 5 should be the child’s mother tongue or regional language, with a gradual transition to other languages. It also reiterated the three-language formula but left its implementation to states, leading to variations across the country.
The CBSE circular that triggered the current Supreme Court case was an attempt to operationalize the NEP 2020’s vision. However, its use of the term “native” to describe Indian languages has drawn criticism for being both linguistically inaccurate and ideologically loaded. Critics argue that the term ignores the dynamic nature of language evolution, where languages like English have been indigenized through centuries of use.
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Competing Claims and Uncertainty: What’s at Stake?
The Supreme Court’s case has exposed several competing claims and areas of uncertainty in India’s language policy debate.
# 1. Is English an “Indigenous” Language?
The central question before the court is whether English can be classified as an “indigenous” Indian language. Linguists and historians are divided on this issue.
– Proponents of English as Indigenous: Scholars like Alok Rai, author of Indian English: History, Politics, and Identity, argue that English has been “domesticated” in India to such an extent that it can no longer be considered a foreign language. Indian English has its own distinct vocabulary, grammar, and cultural references, making it a unique linguistic variety. Proponents also point to the fact that English is now spoken by over 10% of India’s population (approximately 150 million people), with many Indians using it as their first language in urban areas.
– Opponents of English as Indigenous: Critics, including many regional language advocates, argue that English remains a colonial imposition and that classifying it as indigenous would undermine efforts to promote Indian languages. They point out that English is still associated with elite privilege and that its dominance in education and administration perpetuates social inequalities. Some also argue that the term “indigenous” should be reserved for languages with pre-colonial roots in India, such as Sanskrit, Tamil, or Hindi.
# 2. The Practical Implications for Education
The outcome of the case could have significant implications for India’s education system.
– If English is Recognized as Indigenous: Schools could be required to treat English as an equal partner in the three-language formula, potentially reducing the pressure on students to learn Hindi or regional languages. This could benefit students in states like Tamil Nadu, where there is strong resistance to Hindi imposition. It could also lead to greater acceptance of English-medium education in rural areas, where access to quality English instruction is often
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Story synopsis gathered from: The Hindu – National — source.
