Supreme Court Directs Rajasthan Govt To Include Rajasthani Language As Subject In All Govt And Private Schools

Underlining the absence of an appropriate policy framework, the Supreme Court today 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.A bench of Justices Vikram Nath and Sandeep Mehta delivered the judgment, stating,"we deem it appropriate to direct the State of Rajasthan to formulate an appropriate and comprehensive policy for the effective implementation of the constitutional mandate relating to the mothertongue-based education, particularly in the backdrop of the National Education Policy, 2020.The State shall take necessary measures to recognize and accord due status to the Rajasthani language as local/regional language for educational purposes and to progressively facilitate its adoption as a medium of instruction, initially at the foundational and preparatory stages of schooling, and progressively at higher levels, in a manner consistent with the constitutional principles and pedagogical requirements."The Court noted that Rajasthani was being taught across the State in certain Universities and therefore there was no question about the language's institutional or pedagogical acceptance."We may note Rajasthani is presently being taught as a subject in the universities across the State of Rajasthan, yet the procrastinating stand consistently taken by the State is that only those languages included in the 8th Schedule to the Constitution are being taught as additional languages in government primary and upper primary schools. Such a position in our view discloses an apparent pedantic approach for the academic recognition of Rajasthani at the higher education level itself belies all the suggestions that the language lacks institutional or pedagogical acceptance."Accordingly, it directed the State to take affirmative and timebound steps towards introducing and providing Rajasthani as a subject in all schools - government and private - in a phased and progressive manner consistent with the constitutional and policy framework."The directions are necessitated by the palpable vacuum presently operating in the arena of significant constitutional importance", the Court said.In its judgment, the bench acknowledged the Court's limitations insofar as policy formulation is concerned, but stressed that it cannot remain a "silent spectator" to a "stark dilution of rights" recognized in the Constitution, the statutes and binding precedents."This Court cannot remain silent spectator to the stark dilution of the rights so clearly recognized in the Constitutional text, legislative enactments and binding precedents. While it's not the province of this Court to enter upon the arena of policy formulation, it is nonetheless its solemn Constitutional duty to ensure that the guarantees enshrined in Part 3 of the Constitution are not rendered illusory by executive inaction or indifference."It further added, "Once the Union has itself through legislative measures and policy frameworks acknowledged the necessity of imparting education in a language intelligible to the child, a corresponding obligation arises for the states to take timely, effective and purposive steps towards its realization. A failure to discharge such obligations can't be countenanced, for constitutional rights once recognized, must be translated into tangible outcomes and cannot be permitted to languish as mere abstractions."The Court also observed that in the absence of any appropriate policy framework, it would be failing in its constitutional duty if it were to remain indifferent to the continued "non-realization of the rights and obligations" clearly envisaged under the Constitution.The matter is listed for compliance in September.The Court delivered the judgment in a petition seeking to include Rajasthani as a language to impart education to children in schools. The petitioners also sought directions to include Rajasthani Language in the examination syllabus of Rajasthan Eligibility Examination for Teacher.The Special Leave Petition was filed against the judgment of the Rajasthan High Court which rejected the petitioners' plea. The High Court held that it cannot issue a writ of mandamus to include Rajasthani as a language for education since it was an educational policy matter.Although the official language of the State is Hindi as per the Rajasthan Official Language Act of 1956, the petitioners point out that Rajasthani is widely spoken by about 4.36 Crores people as per the 2011 census.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. 1425/2025Citation : 2026 LiveLaw (SC) 492Click Here To Read/Download Judgment

Supreme Court Directs Rajasthan Govt To Include Rajasthani Language As Subject In All Govt And Private Schools

Debby Jain

"This Court cannot remain a silent spectator to a stark dilution of rights so clearly recognized in the Constitution, statutes and binding precedents."

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Supreme Court Directs Rajasthan Govt To Include Rajasthani Language As Subject In All Govt And Private Schools

Debby Jain

"This Court cannot remain a silent spectator to a stark dilution of rights so clearly recognized in the Constitution, statutes and binding precedents."

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

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