New Delhi: Amid the heightened tension and war-like conflict between India and Pakistan, the country was focussed on developments on both sides of the border last week. But it was business as usual in other sectors, including the judiciary.
In a significant ruling on Friday, the Supreme Court dismissed a petition seeking directions to the Tamil Nadu, Kerala and West Bengal state governments to implement the National Education Policy (NEP) 2020, including its three-language formula, saying that it cannot compel states to adopt a particular policy.
“The Supreme Court, through Article 32 of the Constitution, can issue directives to ensure that the fundamental rights of citizens are protected. It cannot directly compel a state to adopt a policy like the National Education Policy, 2020,” the top court stated in its order.
A bench comprising Justice JB Pardiwala and Justice R Mahadevan explained that the court’s powers under Article 32 of the Constitution are limited to ensuring the protection of citizens’ fundamental rights and do not extend to mandating policy decisions on state governments.
“The court may, however, intervene if a state’s action or inaction related to the National Education Policy violates any fundamental rights or any other legal rights. We do not propose to examine this issue in this writ petition filed under Article 32 of the Constitution,” the bench said.
The judges noted that the petitioner had no direct connection to the issue raised. “Although he may be from the state of Tamil Nadu, yet, on his own admission, he is now residing in New Delhi. The main issue may be examined by this court in an appropriate proceeding but at least not in this particular petition,” the bench said.
Advocate GS Mani had filed the petition, seeking a directive from the top court to enforce implementation of NEP 2020 in the three states, which have non-BJP governments.