Hindi Imposition: Tamil Nadu moves Supreme Court against Centre over ₹2,151 crore education fund freeze

The Tamil Nadu government has approached the Supreme Court seeking release of ₹2,151 crore in education funds under the Samagra Shiksha Scheme (SSS) for the 2024–25 financial year, a dispute stemming from the State's refusal to adopt the three-language policy which includes Hindi..The State has accused the Union government of coercive federal overreach by linking the disbursal of funds to the State’s acceptance of the National Education Policy (NEP) 2020 and the PM SHRI Schools scheme.“Such coercive tactics are neither legally permissible nor consistent with State legislation, particularly in light of the two-language formula adopted by the State,” the suit filed through advocate Sabarish Subramanian reads. The total suit claim is ₹2291.3 crores inclusive of 6 percent interest on the principal amount..In a detailed suit filed under Article 131 of the Constitution (Supreme Court's jurisdiction to decide dispute between Centre and State), Tamil Nadu has contended that the Centre’s withholding of its “obligatory share” under the Samagra Shiksha Scheme has crippled the implementation of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and the constitutional rights of over 43.94 lakh students, 2.21 lakh teachers and 32,701 school staff in Tamil Nadu.As per the plea, “The Defendant by withholding the Plaintiff’s entitlement... seeks to coerce and force the Plaintiff State to implement the NEP-2020 throughout the State,” the suit states, terming the move a “blatant violation of cooperative federalism.”.According to the State, the Project Approval Board (PAB) of the Ministry of Education had approved ₹3,585.99 crore for Tamil Nadu under the SSS in its February 2024 meeting of which ₹2,151.59 crore was the Centre’s share based on the 60:40 cost-sharing formula. However, it has been alleged that not a single instalment has been released so far due to Tamil Nadu’s refusal to fully adopt NEP 2020 and sign the Memorandum of Understanding (MoU) for the PM SHRI Schools scheme.The Centre insists that the PM SHRI Schools, which are meant to showcase full implementation of NEP 2020, are a natural corollary to the Samagra Shiksha Scheme despite being a separate programme altogether, the State has argued..Tamil Nadu has voiced strong objections to Clause 4.13 of the NEP which proposes a three-language formula. The State, which follows a two-language policy (Tamil and English), has consistently opposed Hindi imposition. The suit traces this resistance to a 1968 Legislative Assembly resolution and the Tamil Nadu Tamil Learning Act, 2006, which mandates compulsory teaching of Tamil from Class I to X.The Centre’s insistence on enforcing NEP 2020 is an attempt to bypass laws enacted by the Tamil Nadu legislature, particularly the Tamil Nadu Uniform System of School Education Act, 2010, and impose a uniform education policy without legal or constitutional basis, the State government has alleged.“The NEP-2020 is a policy and vision statement... that lacks any executive or legislative force binding the Plaintiff State,” the suit argues, adding that administrative letters do not override laws enacted under entry 25 (education) of list III (concurrent list) of the Constitution..The State has alleged that the Centre’s action violates Articles 14, 21, 21A, 41 and 45 of the Constitution as well as the statutory scheme of the RTE Act. It has sought declarations that the NEP 2020 and PM SHRI Schools scheme are not binding on Tamil Nadu unless voluntarily adopted..Citing parliamentary responses to questions raised in the Rajya Sabha, the State has claimed that for the financial year 2024–25, the Centre has disbursed Samagra Shiksha funds to all States except Tamil Nadu, Kerala, and West Bengal.The delay has disrupted salaries, teacher training, student entitlements such as textbooks and uniforms, and infrastructure grants across government schools and hostels, the plea alleges.“Such coercive tactics are neither legally permissible nor consistent with State legislation, particularly in light of the two-language formula adopted by the State,” the suit reads..In addition to the funds, the State has also asked for a declaration that the National Education Policy of 2020 and the PM SHRI Schools Scheme are not binding on Tamil Nadu unless implemented through a formal written agreement between the Centre and the State..Further, the plea seeks a declaration that the Centre’s conditional linkage of Samagra Shiksha Scheme funds to the implementation of NEP 2020 and PM SHRI is unconstitutional, arbitrary and illegal..Tamil Nadu has also sought a direction to the Union Government to disburse its statutory share of 60% of the funds required under the Right of Children to Free and Compulsory Education Act, 2010, before the start of each academic year..The plea has been settled by Senior Advocate P Wilson and filed through Advocate Sabarish Subramanian..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.