Supreme Court Suo Motu Case Over NCERT Text Book : Live Updates From Hearing
The Supreme Court will hear today the suo motu case taken over the NCERT Class 8 textbook chapter on "corruption in judiciary."
A bench comprising Chief Justice of India Surya Kant, Justice Joylamlya Bagchi & Justice Vipul Pancholi will hear the matter.
The case titled "In Re : Social Science Textbook for Grade-8(Part 2) published by NCERT and ancillary issues" was suo motu registered yesterday.
Yesterday morning, the CJI had expressed displeasure over the contents of the book, saying he would not allow anyone to defame the institution.
Senior Advocates Kapil Sibal and Dr AM Singhvi orally raised their concerns about the textbook content before the CJI, saying it was scandalising the entire judiciary.
CJI Surya Kant said that he was aware of the issue and that many judges were perturbed by the developments. "I will not allow anyone on the earth to taint the integrity and defame the entire institution," CJI said, revealing that he has passed orders to take suo motu action.
The CJI said that the move appeared to be a "calculated measure". After the CJI expressed his unhappiness, NCERT reportedly withdrew the book.
Follow this page for live updates from the hearing.
Order: it is fundamentally improper to expose them to a biased narrative that may engender permanent misconception at this tender age for purpose of appreciating the manyfold and onerous responsibilities of judiciary. We have to keep in mind that subject book is not confined to the students only. It is bound to travel from teacher to pupil and to parents, the next generation.
Order: Choice of words, expressions in the book may not be a simpliciter inadvertent or bonafide error. We don't propose to initiate these proceedings to stifle any legitimate critic or take to task any individual or organization exercising right to scrutinize institutions like judiciary. We are of firm conviction that dissent and rigorous discourse ...vitality of a living democracy and serve as essential instrument of institutional accountability. Students in their formative years are only beginning to navigate nuances of public life.
Order: The text fails to acknowledge imperative role of judiciary which it undertakes in upholding constitutional morality and basic structure doctrine. It seems to us that the narrative contained in the book chooses not to delve into the transformative initiative and measures of this court in overhauling legal aid mechanism and streamlining access to justice. The silence is particularly egregious given the sheer volume of high ranking officials censured by this court for illicit [syphoning] of public funds, etc.
Order: Prima facie, it seems to us that there's a calculated move to undermine and demean dignity of judiciary. If allowed to go unchecked, it will erode the sanctity of judicial office in estimation of public...while the publication dedicates entire chapter to the role of judiciary and washes of with one stroke the illustrious history of SC, HCs has omitted the substantial contributions made by these institutions towards preservation of democratic fabric.
Order: Not only this, article further goes on to declare that "people experience different levels of corruption in judiciary"...in the wake of the publication of the book and article by The Indian Express, the Secy General of this court was asked to verify whether such publication was released by NCERT. Instead of having an introspection of what had been written in the book in the most reckless, motivated and contemptuous manner, the Director responded in writing defending the contents of the book.
Order: it incorporates a sub-topic explicitly expounding 'corruption in judiciary'...the inclusion of the subject matter within a foundational campaign warrants a rigorous review of its...institutional standing of the judiciary's standing...reluctant to reproduce contents of the chapter...it refers to 100s of complaints received against judiciary, clearly indicating as if no action was taken, picking a few words from the statement of a former CJI suggesting as if judiciary itself has acknowledged institutional corruption.
Order: Framers of our Constitution were profoundly conscious and took abundant caution to ensure that consitutitional...were inscribed with such prevision that the 3 pillars remain capable of operating with respect to autonomy while functioning in ...the democratic fabric...while acknowledging constitutionally prescribed demarcation, we were in shock when one of the leading newspapers published an article regarding release of the social science textbook for grade 8 (part 2) titled "exploring society India and Beyond, First edition" published by NCERT...chapter 4 of the publication is titled 'the role of judiciary in our society'.
SG: Take down orders can be passed, statutory provisions will be exercised
Sibal: Everybody has it, people are sending it around
CJI: We would like to have a deeper probe. As head of judiciary, it's my duty to find out who is responsible. Won't close till I am satisfied
SG: We are not taking adversarial stand. Whoever is responsible must pay to your lordships' satisfaction.
Singhvi: Nothing about the overall endemic system. One person is selected
Sibal: What about politicians, bureaucracy, ministers? This is in pdf form, circulated throughout
J Bagchi: These articles and excerpt are in public domain. Govt to issue take down orders...judiciary is protector of Constitution...nothing like that highlighted
SG: Must be taken down, I bow down.
SG says persons responsible will not be associated further in such work
CJI: That's very little consequence. They fired gunshot, judiciary is bleeding today
Sr Adv Vikas Singh: I saw a podcast yesterday, some former Director is defending
CJI: It's available in market, I also got a copy from sources
SG: 32 books went in market, they are being withdrawn. Entire chapter would be revisited by a team. There's another part about pendency, title is 'justice delayed is justice denied'...we can't teach that justice is denied.