NCERT Textbook Issue Wouldn't Have Happened If Judges Had Properly Done Their Duties : Sr Adv Kapil Sibal

Senior Advocate Kapil Sibal recently said that the NCERT's chapter on 'corruption in the judiciary' was a case of selective targeting of the judiciary as an institution. He added that while teaching young minds about societal corruption is required, highlighting corruption only within the judiciary would make them believe that justice is compromised.

At the same time, Sibal said that the judges are responsible for this sort of narrative as they have failed to perform their duties consistent with constitutional morality. 

He said: "You saw that chapter in a class 8th book. Now, there is no gainsaying that there is corruption in the judiciary. There are some bad pennies everywhere in every institution, which spoils the name of the institution. So, we can't sort of brush it aside under the carpet and say that look, there is no corruption. You can't say that. There is corruption. But how is it that it has suddently founds its place in a class 8th textbook? I ask myself this question: would it have found place in class 8th textbook had the judges performed their duties consistent with constitutional morality. When you reach a certain level that public start believing that by and large the institution is corrupt, then you will have this narrative in a class 8th textbook. According to me, the judges have brought it upon themselves."

He added: "You selectively only target the judiciary and teach minds, 13-14 years old, to grow in an environment where they feel that when they have to go to the Court, they believe the judge is corrupt. We know that the political system is far more corrupt. We know that the investigating agency is far more corrupt. We know that politicians are far more corrupt. We know the kind of constitutional immorality which actually runs through every political decision-making that takes place in this country. We know how Bills are passed, we know how Bills that have nothing to do with finance are smuggled in...You are teaching young children that these people are intellectually dishonest and otherwise corrupt. You don't mention the politician, the minister, the system, agency or bureaucracy. Your intent is to intimate the judiciary. Your intent is to further damage the institution then you can capture it fully."

Sibal was speaking at the Justice Unplugged 2026 organised by The Hindu in association with the VIT School of Law. He was speaking on the issue of 'Constitutional Morality and the Supreme Court of India: Has the Court Moved from Constitutionalism to Pragmatism?' in conversation with M Ram, Director of The Hindu Group.

He added that the chapter had been put in a proper context, also mentioning societal corruption in general, which would not have been an issue.

"NCERT will never put it there. But because they were acting on the government, the government must have told them to put it there so that we can actually tell the judges that see, that is what the children think about it. I am very happy that the Chief Justice to take up the issue and do what he did," he remarked. 

When Ram asked if the order was overreaching in terms of the fact that it ordered a complete ban on its distribution, Sibal justified that it was the right thing to do. In a suo motu case registered against the NCERT officials, the Supreme Court last week observed that it was an attempt of deliberate act to scandalise the judiciary. It ordered a complete seizure of all hard copies and take down of soft copies.

"They[children] have to grow up as citizens who are imbued with the sense of purpose, vision, who have a dream. If they become adults with the thought that judiciary is corrupt, where are we going to reach as a society?" Sibal questioned.

Constitutional morality eroding from spaces 

Sibal was asked by Ram as to where we as a nation stand on constitutional morality. 

Sibal replied that while constitutional morality is a dynamic concept, the beauty of the Constitution is that it gives power to the Courts to interpret it with the changing times. It is doing justice without fear or favour. But what is being witnessed today is a complete breakdown of constitutional morality.

He said that the Supreme Court is being confronted with matters concerning alleged hate/communal speeches by public functionaries or the frequent arrest of student leaders who are protesting. But instead of dealing with issues, it continues to relegate matters to the High Courts.

"Today, there is a complete breakdown of our constitutional machinery, a complete breakdown. The executive rules through the legislature because of its vast majority. The voice of the Opposition is not heard or allowed to be heard. In that context, when the matter comes up in the Supreme Court, what does it suppose to do? That is the issue that the Court faces. You have speeches by ministers, speeches by people who are ruling the country, which are obviously communal in nature. The Court don't take it up. There are issues of the Scheduled Caste and the Scheduled Tribes being lynched in the past. You saw that in early 2014 onwards in the videos [and] social media. The Court didn't take it up."

He added: "When it comes to the Supreme Court, through an Article 32 petition that some Chief Minister somewhere has made a statement with a gun in his hand, the Court says go to the High Court. The question that we ask as lawyers from the Court is, why are you doing this? Because if you have to dispense justice without fear or favour, what are you afraid of? You have a power under Article 32, and Article 32 itself is a fundamental right, then why do you have to relegate this to the High Court?"

Sibal also referred to the arrest of student protestors in JNU recently and the arrest of protestors at the Mandapam during the AI Impact Summit. He said that they are merely protestors and there is no reason to arrest them, as no crime has been committed by them. But institutional mechanisms are being used to silence any opposition or dissent.

"You use institutional mechanisms like the Enforcement Directorate under PMLA or the UAPA, and you targe Opposition. There is no leader in any BJP-ruled State or centre who is the subject matter of any investigation either by the CBI or under PMLA by ED. Only the opposition is targeted. Now, the Court needs to, in the context of time we live in, develop issues of constitutional morality dealing with the time we live in. Unfortunately, the Court refused to do that and they pass the buck to the High Court. The High Courts don't do a thing and the lower judiciary refuses to grant bail. So, we are in a situation where constitutional morality as a concept alien to the Court unfortunately. That is my greatest worry as for the Supreme Court of India is concerned."

We have reached the height of intolerance: Sibal

Ram asked what the status of minority rights and secularism in India is right now.

Sibal answered that the issue of intolerance has always been there. He said that it could be seen even in the Constituent Assembly debates that majoritarian points of view often crept in, and many didn't want Articles 29 and 30. But the intolerance has been sporadic in comparison to now.

"...we are essentially not a secular nation. That is a fact. Unless you bring the social transformation, you wouldn't get a democratic country...The question is, there has been a greater stratification after 2014. Its just the other way. While we are trying to bring about the social transformation through the laws that we enact, it has been going in the opposite direction since 2014. They want to stratify using caste as a means of domination. We see it happening everywhere-dominate the minorities, dominate the Dalits and if you want to buy them, buy them. The level of intolerance I have seen after 2014 has never existed in the history of India for the simple reason that there has never been a capture of institutions at any stage. There is no institution that is not fully captured other than the judiciary."

Sibal referred to the recent discharge of AAP leader and former Chief Minister of Delhi, Arvind Kejriwal and other leaders in the Delhi liquor scam case. 

"What the real problem is and why Prime Minister keeps talking about colonial mindset. The real colonial mindset, at a much higher and intensive level than even the British, exists today. We had a law which is the Code of Criminal Procedure, which is now ofcourse being amended, which allowed the British on suspicion, to arrest anybody. The law was meant to ensure that those who protested against the British are immediately incarcerated without necessarily any evidence. Now, in any modern society governed by the rule of law, you get the evidence first and then arrest the person. This colonial mindset allows you to arrest a person and get evidence later. This has actually been converted into a masterclass by this Government. They targeted Kejriwal, Sisodia, the Gandhi family, Hooda, Hemant Soren, Akhilesh Yadav, Farooq Abdullah, Omar Abdullah, and many others but not one of there own...They use the colonial mindset in a far more insidious way than ever before. This country is far from secular."