Child Has Fundamental Right Under Art 19(1)(a) To Receive Education In Mother Tongue : Supreme Court
In a recent judgment directing the State of Rajasthan to provide Rajasthani as a subject in schools, and also to facilitate its use as a medium of instruction in schools, the Supreme Court observed that Article 19(1)(a) of the Constitution encompasses the freedom of a child to receive primary education in a language of their choice.
A bench of Justices Vikram Nath and Sandeep Mehta held that the right of a child to receive education in the mother tongue can be traced to Article 19(1)(a) of the Constitution.
"At a more fundamental level, the right to receive education in one's mother language finds its normative basis in Article 19(1)(a) of the Constitution, for the guarantee of freedom of speech and expression necessarily encompasses the right to receive information in a form that is both meaningful and comprehensible. The true value of this freedom lies not merely in the ability to communicate, but in the ability to understand, internalize, and process information so as to make informed choices."
The Court further added that education being a primary vehicle for transmission of knowledge must, to the extent practicable, be imparted in a language that the child best understands.
"Instruction in the mother language, or a language of choice, fortifies the learner's conceptual clarity, ensures deeper cognitive engagement, and secures the constitutional promise of meaningful access to knowledge."
While making the above observations, the Court referred to the decision in State of Karnataka v. Associated Management of English Medium Primary & Secondary Schools, where the importance of imparting education at the primary level in a language of the child's choice was underlined. In this case, it was observed that Article 19(1)(a) confers freedom of choice on a child regarding medium of instruction at the primary level. The State cannot impose education in the mother tongue on such child, even on the ground that the same would be beneficial to the child.
Noting that the Central government's policy was clear in this regard, the Court called out the State of Rajasthan for failing to take appropriate steps to ensure instruction is imparted to children in a language of their choice, or atleast in the regional language.
"This Court has categorically held that the medium of instruction at the primary level must subserve the objective of genuine comprehension and has further located this entitlement within the ambit of Article 19(1)(a) of the Constitution, recognising it as an intrinsic facet of the right to receive information in a form that facilitates understanding. Therefore, the continued inaction and inadequacy on the part of State Government in operationalising this mandate not only undermines statutory and policy directives but also risks infringing fundamental rights guaranteed under Part III of the Constitution."
Ultimately, it directed the State of Rajasthan to take steps for introduction and provision of Rajasthani language as a subject in all government and private schools across the state.
Appearance: Dr Manish Singhvi, Senior Advocate with AoR DK Devesh (for petitioners)
Case Title: PADAM MEHTA AND ANR. Versus THE STATE OF RAJASTHAN AND ORS., SLP(C) No. 1425/2025