Introduction

This article explores the intricate nexus between language rights and coercive federalism in India against the backdrop of the Centre-State dispute over the Three-Language Formula in the new education policy. Analyzing how India’s federal framework, linguistic accommodations, and power-sharing determine education governance, it brings to the forefront Tamil Nadu’s resistance to Hindi imposition and highlights the sublet balancing act between regional autonomy and national integration. Based on constitutional principles, overlapping legislative powers, and current financial squabbles, it looks at maintaining federal values with the guarantee of quality education in different linguistic and cultural settings.

Federalism in India

Federalism in India implies the delegation of power between Centre and States to avoid concentration by decentralisation. Although the term is not specifically used in the Constitution, it is inherent in its design, drawn from the U.S. pattern and accommodated to Indian requirements. Federalism guarantees dual sovereignty by granting complete powers to Centre as well as States. Article 246 and Schedule 7 categorize subjects into the Union, State, and Concurrent Lists, defining legislative areas. In India’s democracy, parties in power at the Centre and States are generally different, based on different ideologies. This enables States to pursue different policies that meet local priorities, albeit differing from those of the Centre. Such political variation within a single constitutional scheme illustrates Indian federalism in practice.

Linguistic Rights

Part XVII of the Constitution Articles 343-351[1] contains provisions related to Official Language for the Union, States and the judiciary to be used in inter-governmental communication.

• Article 343[2]: Hindi in Devanagari Script official language of the Union
• Article 345[3]: A State may adopt any language in use in the State as its official language by law.
• Article 346[4]: The language used for official purposes of the Union shall be the language for communication between the Union and a State, and between States, unless otherwise provided by law
• Article 347[5]: President may direct a State to recognize a language spoken by a section of its population for official purposes, if there is sufficient demand

Tamil is recognised as the official language of Tamil Nadu formalized on December 27, 1956 and published in the Official Gazette on January 23, 1957[6].

This brings us to a critical area of overlap in federal authority education which lies in the Concurrent List.

Indian education comes under the Concurrent List of the Constitution and is thus within the legislative jurisdiction of both the Centre and the States. This provision under the Concurrent List enables joint law-making, promoting policy uniformity throughout the nation and a consistent educational system that instils national identity. It also enhances India’s special federal ethos by engaging both the levels of government in determining key areas such as education. But this dual control sometimes leads to possible conflicts of law when both the Centre and the States pass laws on the same topic. In order to resolve this problem, Article 254 of the Indian Constitution has a clear provision. According to Article 254(1), if a state law is inconsistent with a Central law on a matter in the Concurrent List, the Central law prevails, and the conflicting portion of the State law is rendered void. Article 254(2) adds an important nuance: if a state legislature enacts a law on a Concurrent List subject that is repugnant to an earlier Central law but the State law has been reserved for the consideration of the President and receives his assent, then that State law prevails within the State. However, Parliament retains the power to override such a state law at any time by enacting a new law on the same subject. This framework illustrates the federal structure of India with a clear unitary tilt, ensuring that national interests are safeguarded. Additionally, if the matter concerns a Central law under the Concurrent List, States are obligated to implement it unless Article 254(2) applies. In contrast, if it is merely a Central policy or scheme, States are not legally bound but are encouraged to cooperate, reflecting the spirit of cooperative federalism.

Coercive Federalism

Coercive Federalism is a model in which the Centre puts pressure on States to enforce national policies usually through economic controls and restrictions, the opposite of Cooperative Federalism. This is tantamount to defeating the purposes of federalism, where the Centre’s efforts at withholding funds can be considered as weakening a state’s capability to carry out its own policies.

The Union Government has held back Rs 2,152 Crores of educational funds from the Tamil Nadu government under the Samagra Shiksha Scheme, to bully the State for adopting the National Education Policy’s Three Language Formula controversy, as opposed to the State’s education policy. As per the Ministry of Education, the scheme is support for the enforcement of the Right of Children to Free and Compulsory Education Act, 2009[7] and is in tune with suggestions of the National Education Policy. For which the Tamil Nadu Government has moved the Supreme Court for release of its share.

Samagra Shiksha Scheme[7] has been launched in 2018 for imparting education rights to children from pre-school to class XII. It conforms to the sustainable development goals on Education to impart accessible, inclusive and affordable education to children. In States having a Legislature like Tamil Nadu, 60% of the funds are contributed by the Central Government.

Education, being the Concurrent List subject matter, according to Article 254, the Central law is supreme, and the State law, to the extent of inconsistency, is void. The Concurrent List allows the Centre and States to work and cooperate for the execution of schemes and policies in the State to help bring about discussions and friendly, cooperative relations. But it must be remembered that the National Education Policy is a policy, and not a law to seek refuge under Article 254. A policy is a collection of principles which guides the vision. And according to federalism, a State has the prerogative to align these Centre-suggested policies, fine-tuning to local requirements, leaving space for flexibility. Articles 45 and 46[9], the Directive Principles, aim at and work towards education, which are not mandatory but the goals that States must achieve.

Three Language Formula

The Three-Language Formula in India was put into place with the purpose of supporting national integration and linguistic harmony through the learning of three languages by students. The first language of their mother tongue or regional language, so as to retain local identities and culture, is the provision under this framework. The second language varies geographically: in Hindi-speaking states, pupils study English or another contemporary Indian language, but in non-Hindi-speaking states, they are taught Hindi or English. The third language has a complementary profile, in which students study a language not selected as the second language, ensuring multilingual competency.

Chronologically, the idea originated with the Kothari Commission (1964–66), which recommended it to foster unity and respect for linguistic diversity. In 1968, under Prime Minister Indira Gandhi, it was officially adopted through the National Policy on Education. The policy was reaffirmed in 1986 during Rajiv Gandhi’s tenure and later revised in 1992 by Narasimha Rao’s government. The 2020 National Education Policy (NEP) also revised the formula, making it more flexible by enabling students and states to select their three languages, which must include at least two Indian languages.

But Tamil Nadu has invariably objected to this formula as an oblique effort to impose Hindi. The opposition began in 1937 when the Rajaji administration moved to introduce Hindi as a compulsory subject in schools and initiated protests led by the Justice Party. Opposition reached a greater height in 1965 in the all-India efforts aimed at making Hindi the only official language. In 1968, under C.N. Annadurai, Madras Assembly officially rejected the formula and went instead for a Two-Language Policy of instruction in only Tamil and English, a policy the state has upheld ever since.

Conclusion

In conclusion, education plays a vital role in the development of the nation. As rightly stated, today’s youth are tomorrow’s visionaries; the responsibility is collectively on the Central and the State governments to ensure quality and accessible education to the children. Political conflicts should not hinder any child’s right to education or their developmental opportunities. Maintaining a fine balance between national vision and regional autonomy is necessary in order to uphold the spirit of federalism in the Constitution. Hence, in the middle of political bickering among the governments, the values of federalism, education promotion and nation building shouldn’t be sacrificed. From this article, we came to know about federalism, linguistic rights and three-language formula.

---

[1] Constitution of India, Part XVII (Articles 343–351), governing the use of official languages in the Union and States.

[2] Ibid., Article 343 – Hindi in Devanagari script as the official language of the Union.

[3] Ibid., Article 345 – States empowered to adopt any language in use in the State as official language. 

[4] Ibid., Article 346 – Language of communication between Union and States.

[5] Ibid., Article 347 – President’s power to recognize a regional language based on demand.

[6] Government of Tamil Nadu, Tamil Nadu Official Language (Act), Gazette Notification, January 23, 1957.

[7] Government of Tamil Nadu, Tamil Nadu Official Language (Act), Gazette Notification, January 23, 1957.