The Karnataka high court in its judgement delivered on July 2 in KAMS vs. State of Karnataka & Ors (Writ Petition No. 14363/1994) struck down the state government’s 1994 language policy compelling primary school children to study in the Kannada medium or the mother tongue in unaided private schools, as unconstitutional. It recorded the following conclusions (verbatim):
• By virtue of Article 21-A, the right to free and compulsory primary education is a fundamental right guaranteed to all children of the age of six-14 years. The right to choose a medium of instruction is implicit in the right to education. It is a fundamental right of the parent and the child to choose the medium of instruction even in primary schools.
• Right to freedom of speech and expression (under Article 19 (1) (a)) includes the right to choose a medium of instruction.
• Imparting education is an occupation and, therefore, the right to carry on any occupation under Article 19(1)(g) includes the right to establish and administer an educational institution of one’s choice. ‘One’s choice’ includes the choice of medium of instruction.
• Under Article 26 of the Constitution of India every religious denomination has a right to establish and maintain an institution for charitable purposes which includes an educational institution. This is a right available to majority and minority religious denominations.
• All minorities, religious or linguistic, have a right to establish and administer educational institutions of their choice under Article 30(1) of the Constitution.
• Thus, every citizen, every religious denomination, and every linguistic and religious minority, has a right to establish, administer and maintain an educational institution of his/its choice under Articles 19(1)(g), 26 and 30(1) of the Constitution of India, which includes the right to choose the medium of instruction.
• The government policy to have mother tongue or regional language as the medium of instruction at the primary level is valid and legal, in the case of schools run or aided by the State.
• But, the government policy compelling children studying in other government recognised schools to have primary education only in the mother tongue or the regional language is violative of Article 19(1)(g) and 30(1) of the Constitution of India.