5 Judge Bench of Supreme Court has laid down certain law about power of State to prescribe Mother Tongue as only medium of Instruction in 1) unaided primary schools and in 2) minority primary schools.
A set of 5 questions were referred to Supreme Court 5 Judge Constitution Bench.
Third question was whether imposition of mother tongue violates fundamental rights. The reply in para 34 to 42 says that imposition of mother tongue as a medium of Instruction violates Article 19,29 and 30.
( My view : It does not say that State cannot prescribe this as an additional subject in all primary schools. In facts States do have powers to prescribe desired standards of education, subjects, syllabus etc)
The fifth question was whether because of Art. 350A, are linguistic minority schools bound to give instructions in schools only in mother tongue? Supreme Court said No.
My Conclusion
The Question about the power of State to prescribe "Mother Tongue" as a special subject in all minority school, was not before Supreme Court in this Judgement.
The judgement only says that "Mother tongue" cannot be imposed as a medium of instruction in primary schools on unaided and minority schools.
Haresh Raichura
30/7/2014
