New Delhi: A Constitution bench of the Supreme Court will dissect the concept of "mother tongue" – an issue that reflects the diversity of India and touches every child in the country.
Besides deciding the very basic question of "what does ‘mother tongue’ mean", the Constitution bench will look into whether it can be imposed by the State on all children as a compulsory medium of instruction at the primary education level.
Another question that needs clarity – which schools fall under the category of "government-recognised" – will also be addressed by the bench.
The question assumes significance because of an order in Karnataka, a state with a booming cosmopolitan population, that all "government-recognised" schools should have the mother tongue or the regional language (Kannada) as the medium of instruction from Class I to Class IV. The criterion for defining the mother tongue was not clear.
The bench of Justices P. Sathasivam and Ranjan Gogoi said it was referring the questions to a Constitution bench because of the far-reaching implications for the future of the children. A Constitution bench consists of at least five judges and its decisions have primacy over those taken by a bench with fewer judges.
"We are of the opinion that it is a fit case for consideration by a larger bench," said Justice Sathasivam, who is also the Chief Justice-designate.
"The importance of a language cannot be understated; we must recollect that the reorganisation of states was primarily based on language. Further, the issue… concerns the fundamental rights of not only the present generation but also the generations yet to be born," Justice Sathasivam added.