Supreme Court Clarifies Stance on Criticism in NCERT Textbook Case
The Supreme Court of India has reiterated that while the judiciary welcomes criticism, it should be channeled through appropriate and verified forums. This statement was made in the context of the Court’s suo motu case concerning a chapter titled ‘The Role of the Judiciary in our Society’ in the NCERT Grade 8 textbook ‘Exploring Society: India and Beyond’.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana emphasized the importance of informed and constructive critique in a democracy. The Court stated, “The Judiciary, as an institution, is not, and cannot be, averse to criticism. Fair, informed and constructive critique of judicial functioning is a legitimate and necessary feature of a vibrant constitutional democracy, contributing to institutional accountability and self-correction. What is required, however, is that such criticism be voiced through the appropriate forum and in a fair, rational mechanism, and not find its way, without verification, into a school curriculum meant for impressionable minds.”
In February, the Supreme Court took notice of a newspaper report that highlighted concerns over the chapter’s sub-topic ‘Corruption in the Judiciary’, suggesting it undermined the judiciary’s authority. The Court described this as a “deep-rooted conspiracy” to defame the institution. As a result, it ordered the withdrawal and seizure of all copies of the textbook, banning further publication or digital dissemination.
Additionally, the Court issued notices under the Contempt of Courts Act to the Department of School Education and NCERT Director Dr. Dinesh Prasad Saklani. They were asked to show cause why action should not be taken against them or those responsible for the chapter’s content. The focus also shifted to the academicians who drafted the chapter, namely Professor Michel Danino, Suparna Diwakar, and Alok Prasanna Kumar, though an initial order to disassociate them from educational institutions was later revoked.
In March, the Supreme Court directed the Central government to form an expert committee to revise the chapter. On September 1, the Court concluded the case, noting in its order that, “Dissent, deliberation and rigorous discourse were recognised as the vital components of a living democracy. The exercise of jurisdiction was occasioned not by an aversion to scrutiny, but by the need to safeguard the pedagogical integrity of material meant for young and impressionable minds.”
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Upon reviewing the revised chapter, the Court found it to be “objective, factually accurate and balanced,” appropriately outlining the judiciary’s constitutional role without bias. The Court noted the unconditional apologies from NCERT Director and the School Education and Literacy Department Secretary Sanjay Kumar, as well as the recall of 82,440 textbooks in circulation. Consequently, the show cause notices were withdrawn, with directives for future educational material vetting.
The Court expressed appreciation for the expert committee members, including former Supreme Court Justice Indu Malhotra, former Attorney General KK Venugopal, and Prof Prakash Singh, along with the reconstituted National Syllabus and Teaching Learning Material Committee (NSTC) led by MC Pant and Prof Manjul Bhargava, for their timely efforts.
