
SC Says Court can't Force State to Adopt NEP, Rejects Plea
Friday, 09 May 2025, 15:54 IST

In short
•The Supreme Court dismissed a PIL by BJP lawyer G S Mani by Tamil Nadu, West Bengal, and Kerala
•The court stated it cannot force states to adopt the policy but may intervene if fundamental rights are infringed.
•The states' refusal to implement the NEP was politically motivated and violated the constitutional right to free education.
The Supreme Court in its Friday order dismissed a PIL filed by a BJP lawyer from Tamil Nadu, which sought direction To Tamil Nadu, West Bengal and Kerala government to implement National Education Policy (NEP).
The court observed that it could not force any state to implement NEP.
The top court, however also observed, we could not issue any order on this petition but, will "examine in appropriate proceedings".
"Sorry, we cannot pass any order. We cannot directly force a state to implement a policy such as the National Education Policy 2020," asserted, a two-judge bench of the apex court, headed by Justice JB Pardiwala and Justice R Mahadevan.
The court explained that if a state's action or inaction under the National Education Policy infringes any fundamental rights, then it will step in.
"We do not intend to consider this question in this writ petition. We feel that the petitioner has no connection with the cause he (G S Mani) intends to advocate. Even though he might be a resident of the state of Tamil Nadu, yet according to his own admission, he is staying in New Delhi. Under such circumstances, this petition is dismissed," the court held.
The Tamil Nadu-based lawyer and Bharatiya Janata Party (BJP) leader, G S Mani, has filed the PIL in the Supreme Court seeking a direction to implement the Central Government's NEP, Tri-Language Curriculum Policy in Tamil Nadu, Kerala and West Bengal.
Mani in his PIL, averred, all state governments except Tamil Nadu, Kerala and West Bengal have embraced and followed the Central Government's most vital national education policy, the Tri-Language Curriculum Policy.
The plea further asserted that the Chief Ministers of Tamil Nadu, Kerala and West Bengal have vehemently opposed the Central Government's NEP and asserted that they cannot accept it.
"The NEP is a comprehensive education policy agenda introduced by the Central Government with the goal of enhancing the quality of school education among students belonging to all sections of society. All Indian languages must be taught without cost to school children belonging to poor, scheduled, tribes, backward, and the most backward classes children," stated Mani in his PIL moved before the supreme court.
The Tamil Nadu, Kerala and West Bengal state governments were rejecting this selfless plan for political motives, giving the erroneous reason of enforcing Hindi. The plans, policies and laws of the Central Government are binding on all state governments. It is the responsibility of the state government to enforce such a policy. This is a basic duty and right bestowed in the Constitution, he averred in his PIL.
"Free education is a constitutional right provided by the Constitution. In refusing to implement this scheme, the state government is denying the constitutional right of free education to the concerned school children," Mani said in his PIL.
Hence, he requested the Supreme Court to step in on this issue and direct these three state governments to implement at once the Central Government's National Education Policy, the Trilingual Curriculum.
•The Supreme Court dismissed a PIL by BJP lawyer G S Mani by Tamil Nadu, West Bengal, and Kerala
•The court stated it cannot force states to adopt the policy but may intervene if fundamental rights are infringed.
•The states' refusal to implement the NEP was politically motivated and violated the constitutional right to free education.
The Supreme Court in its Friday order dismissed a PIL filed by a BJP lawyer from Tamil Nadu, which sought direction To Tamil Nadu, West Bengal and Kerala government to implement National Education Policy (NEP).
The court observed that it could not force any state to implement NEP.
The top court, however also observed, we could not issue any order on this petition but, will "examine in appropriate proceedings".
"Sorry, we cannot pass any order. We cannot directly force a state to implement a policy such as the National Education Policy 2020," asserted, a two-judge bench of the apex court, headed by Justice JB Pardiwala and Justice R Mahadevan.
The court explained that if a state's action or inaction under the National Education Policy infringes any fundamental rights, then it will step in.
"We do not intend to consider this question in this writ petition. We feel that the petitioner has no connection with the cause he (G S Mani) intends to advocate. Even though he might be a resident of the state of Tamil Nadu, yet according to his own admission, he is staying in New Delhi. Under such circumstances, this petition is dismissed," the court held.
The Tamil Nadu-based lawyer and Bharatiya Janata Party (BJP) leader, G S Mani, has filed the PIL in the Supreme Court seeking a direction to implement the Central Government's NEP, Tri-Language Curriculum Policy in Tamil Nadu, Kerala and West Bengal.
Mani in his PIL, averred, all state governments except Tamil Nadu, Kerala and West Bengal have embraced and followed the Central Government's most vital national education policy, the Tri-Language Curriculum Policy.
The plea further asserted that the Chief Ministers of Tamil Nadu, Kerala and West Bengal have vehemently opposed the Central Government's NEP and asserted that they cannot accept it.
"The NEP is a comprehensive education policy agenda introduced by the Central Government with the goal of enhancing the quality of school education among students belonging to all sections of society. All Indian languages must be taught without cost to school children belonging to poor, scheduled, tribes, backward, and the most backward classes children," stated Mani in his PIL moved before the supreme court.
The Tamil Nadu, Kerala and West Bengal state governments were rejecting this selfless plan for political motives, giving the erroneous reason of enforcing Hindi. The plans, policies and laws of the Central Government are binding on all state governments. It is the responsibility of the state government to enforce such a policy. This is a basic duty and right bestowed in the Constitution, he averred in his PIL.
"Free education is a constitutional right provided by the Constitution. In refusing to implement this scheme, the state government is denying the constitutional right of free education to the concerned school children," Mani said in his PIL.
Hence, he requested the Supreme Court to step in on this issue and direct these three state governments to implement at once the Central Government's National Education Policy, the Trilingual Curriculum.