'Deep-rooted conspiracy': SC blasts NCERT textbook
New Delhi, Feb. 27 -- The Supreme Court on Friday ordered the immediate seizure of all physical copies of the controversial Class 8 Social Science textbook carrying a section on "corruption in the judiciary", directed a complete takedown of its digital versions, and issued show-cause notices to the NCERT Director and the secretary, department of school education, asking why criminal contempt proceedings should not be initiated against them.
Coming down heavily on the National Council of Educational Research and Training (NCERT), a bench led by Chief Justice of India Surya Kant said the inclusion of the chapter appeared to be a "calculated move", a "deep-rooted conspiracy" and a "deliberate attempt" to undermine the dignity and institutional authority of the judiciary.
The bench, also comprising justices Joymalya Bagchi and Vipul M Pancholi, imposed a blanket ban on the production and distribution of the book and warned that any further circulation, physical or digital, would amount to a willful breach of its order.
The order comes a day after the CJI, in open court, informed senior advocates including Kapil Sibal, Abhishek Manu Singhvi and Vikas Singh that the Supreme Court had taken suo motu cognisance of the issue. "I will not allow anyone on earth to defame the institution. Howsoever high they be, nobody is above the law. Do not worry.I know how to deal with it," the CJI had said on Wednesday.
Later that evening, the NCERT issued a statement saying it "regrets the inclusion of inappropriate material" and that the distribution of the book had been put on "strict hold" on directions of the department of school education. The council said the objective of the textbook was to strengthen constitutional literacy and that there was "no intent to question or diminish the authority of any constitutional body".
On Thursday, however, the bench indicated that whether the apology was genuine or merely a "ruse to wriggle out of consequences" would be examined at an appropriate stage.
During a tense courtroom exchange, Solicitor General Tushar Mehta, appearing for the Centre and the ministry of education, tendered an "unconditional and unqualified apology" and informed the court that the NCERT Director was present in court.
But the bench was unsparing. "We have seen the NCERT notice and there is not a simple word of apology in it. The way this director has drafted this notice, there seems no remorse but justification. It seems to be a deep-rooted conspiracy," the CJI observed.
When Mehta said that two individuals involved in drafting the chapter would not be associated with the ministry henceforth, the court termed the move inadequate.
"This seems to be a very light action. They have fired the gunshot and the judiciary is bleeding today. The judges say their morale is down and people are talking about it," the bench said. "We do not get emotionally swayed but we also have a duty to discharge. When there is a mounted attack on us, we know how to deal with it," it added.
Expressing dissatisfaction with the NCERT's statement that distribution had been put on hold, the bench noted that copies were already in circulation and accessible online. "They say 'we are withdrawing it' but it is already there in markets, on digital platforms and people are able to access it," the court remarked.
On being told that only 32 copies had entered the market and had been withdrawn, the bench directed that all copies-- hard or soft, be removed from public access immediately. "We expect the government to issue take down orders. The State will have to take that responsibility," it said.
The court also made it clear that it was not inclined to let the matter rest with a mere withdrawal. "As the head of the judiciary, it is my duty to find out who is responsible for it and heads must roll. I am not willing to leave it at just this. You need to tell us who is responsible for it," the CJI said.
In its detailed order, the bench said it was "shocked" upon learning of the publication of the chapter titled "Role of Judiciary in Our Society", which included a section on "corruption in the judiciary".
On a prima facie reading of the chapter and the NCERT Director's administrative response defending it, the court said it appeared to be a "calculated move to undermine the institutional authority and demean the dignity of the judiciary". "If allowed to go unchecked, this will erode the sanctity of judicial office in the estimation of the public at large and more importantly the more impressionable minds of the youth," the order stated.
The bench observed that while the chapter purported to discuss the role of the judiciary, it "washes away with one stroke of the pen the illustrious history" of the Supreme Court, High Courts and district courts, omitting their role in preserving constitutional morality and the basic structure doctrine. It noted that the narrative failed to recognise the judiciary's transformative initiatives in overhauling legal aid mechanisms and improving access to justice, while prominently highlighting complaints and pendency figures "indicating as if no action was taken". "The choice of words, expressions in the book may not be simpliciter inadvertent or bona fide error," the court said. The bench clarified that it did not intend to stifle legitimate criticism. "Rigorous discourse helps the living vitality of the institution and serves as an essential instrument of institutional accountability," it said. However, exposing Class 8 students, "in their formative years", to what it termed a "biased narrative" was "fundamentally improper" and could engender "permanent misconception". Given the "serious consequences" and the "everlasting impact on independence and autonomy of judiciary", the court said the conduct, if deliberate, would fall within the definition of criminal contempt as it would amount to interfering with the administration of justice and scandalising the institution.
The court issued show-cause notices to NCERT Director Dinesh Prasad Saklani and the secretary, department of school education, Ministry of education, asking why appropriate proceedings should not be initiated against them "either under the contempt of court or under any other provisions of law".
It directed the NCERT director to ensure immediate seizure of all copies supplied to schools; coordinate with Union and State authorities to remove the book from retail outlets and digital platforms; submit a compliance report; furnish the names and credentials of members of the National Syllabi Board involved in drafting the chapter; and produce the original minutes of meetings where the chapter was deliberated and finalised. Principal secretaries of education of all states have also been directed to ensure compliance within two weeks....
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