Supreme Court Bans NCERT Textbook With Chapter On Judicial Corruption, Issues Contempt Notice To NCERT Director & Ministry Official

Coming down heavily on the NCERT's publication of Class 8 social science textbook chapter with references to "corruption in judiciary", the Supreme Court on Thursday issued show-cause notice to the Secretary of School Education, Ministry of Education and the NCERT Director, as to why action under the Contempt of Courts Act or any other law should not be taken against them.The Court prima facie observed that the publication of the book is a serious misconduct, which can come within the purview of criminal contempt of court, if proved to be a deliberate act to scandalise the judiciary. The Court said that it will examine whether the public regret expressed by the NCERT is genuine or an attempt to wriggle out of criminal liability.The bench comprising Chief Justice of India Surya Kant, Justices Joymalya Bagchi and Vipul M Pancholi passed the order in the suo motu case taken over the book. Bans the book, orders seizure of all physical copies and takedown of soft copiesThe Court issued a complete ban on the publication, re-printing and digital dissemination of the book containing the inappropriate content. Any sharing of the content, in any form, will be taken seriously. The physical copies of the books were ordered to be seized. "The NCERT in coordination with the Union and State Education Depts is directed to ensure that all copies of the book (hard or soft) currently in circulation, whether held in storage, retail outlets, or educational institutions, are seized and removed from public access. Compliance be filed."The Court directed that no instruction should be imparted to students based on the book."It shall be personal responsibility of NCERT Director and the principal of every school where the book has reached to effectuate immediate seizure and sealing of all copies of the book in their premises and submit a compliance report. Ensure that no instruction is imparted based on the subject book. Principal Secretaries of all states are to comply. Compliance to be sent within 2 weeks."It further directed :"As an abundant precaution, a complete blanket ban is hereby imposed on any further publication, reprinting or digital dissemination of the book. Any attempt to circumvent this order through electronic means or altered titles shall be seen as direct interference, willful breach and defiance of directions."NCERT directed to give the names of persons who were involved in preparing the chapterThe Court directed the NCERT Director to submit the names of the persons involved in preparing the offending chapter. The specific names and credentials shall be furnished. The original minutes of meetings of the part wherein the offending chapter was deliberated and finalised shall be produced on the next date of hearing.NCERT Director's reply contemptuous; Calculated attempt to undermine judiciaryThe bench noted that the chapter referred to the number of complaints received against judges, giving the impression that no action was taken. The bench also observed that the comments made by former Chief Justice of India BR Gavai were taken out of context to give an impression that the CJI himself had acknowledged the existence of corruption.The bench also expressed its unhappiness with the NCERT Director for writing a letter to the Secretary General of the Supreme Court justifying the contents of the book. The bench observed that the NCERT Director's reply was "contemptuous and reckless."The bench observed that there appeared to be a "calculated move to undermine the institutional authority and demean dignity of the institution" and said that if it was allowed to be published unchecked, it erode the stature of the judiciary in the public esteem, especially in the minds of impressionable young minds. The book's reach will not be confined to school children, and it will reach their parents and wider society, and may even reach the next generation.The bench further noted that the chapter had no reference to the illustrious steps taken by the judiciary and the contribution it made to strengthening the democratic fabric. "The silence is particularly egregious given the sheer volume of high-ranking officials who have been censured by this Court for corrupt practices, siphoning of public funds. It seems to us that the choice of words and expressions in the book may not be a simplictor inadvertence or bona fide error. We may however hasten to add that we do not propose to initiate the suo motu proceedings to stifle any legitimate criticism or to stop any individual from exercising the right to scrutinise public institutions, including the judiciary," the bench observed.Court room hearingAs soon as the proceedings started, Solicitor General of India, Tushar Mehta, informed the Court today that the NCERT has withdrawn the Class 8 Social Science textbook chapter containing references to corruption in the judiciary. SG said that the NCERT has apologised for the error.However, CJI Surya Kant said that the press release issued by the NCERT ...

Supreme Court Bans NCERT Textbook With Chapter On Judicial Corruption, Issues Contempt Notice To NCERT Director & Ministry Official

Debby Jain

The Court ordered the seizure of physical copies and take down of the soft copies of the book.

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