NCERT textbook chapter on judiciary row: SC recalls order blacklisting three experts

The Supreme Court on Friday recalled its earlier direction effectively blacklisting three academicians associated with drafting a controversial section on “corruption in judiciary” in the NCERT Class VIII textbook chapter “The Role of the Judiciary in Our Society”, while also withdrawing its observation that they had deliberately misrepresented facts.

A Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi modified its March 11 order, deleting the direction that asked the Union government, states, universities and educational institutions to disassociate themselves from Professor Michel Danino, Suparna Diwakar and Alok Prasanna Kumar or refrain from engaging them in academic activities.

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While doing so, the Court nevertheless reiterated that the contents of the textbook chapter were “wholly undesirable and unnecessary”. The Bench noted that corrective measures had already been initiated through the constitution of an expert committee headed by a former Supreme Court judge to review the curriculum relating to the judiciary.

The Court observed that, in view of the explanation furnished by the three authors, it was appropriate to recall the earlier directions and observations made against them. It also clarified that governments and competent authorities would be free to take independent decisions regarding association with the experts, without being influenced by the observations contained in the March 11 order.

The Bench further recalled its earlier remark that the three academicians had “deliberately or knowingly misrepresented facts”, saying the clarification was being issued in light of the explanation tendered by them.

The controversy arose in February after a media report highlighted portions of the NCERT Class VIII textbook Exploring Society: India and Beyond (Vol. II), particularly a section dealing with “corruption in the judiciary”. Taking suo motu cognisance, the Supreme Court had observed that the contents undermined the dignity of the judiciary.

NCERT subsequently withdrew the textbook from circulation, issued an apology and attributed the inclusion of the controversial material to an inadvertent error of judgment. On February 26, the apex court imposed a blanket ban on the production and distribution of the book.

Later on March 11, the Court directed that the three experts should not be associated “in any manner whatsoever” with the preparation of curricula or finalisation of textbooks in India. It had also ordered the constitution of a committee of domain experts to examine the issue.

Pursuant to that direction, a three-member committee comprising former Supreme Court judge Justice Indu Malhotra, senior advocate K.K. Venugopal and HNB Garhwal University Vice-Chancellor Prakash Singh was constituted to finalise the legal studies curriculum for Classes VIII and above in consultation with the National Judicial Academy, Bhopal.

During the hearing on Friday, Solicitor General Tushar Mehta said the government would not like to be associated with those who drafted the chapter.

Senior advocate Shyam Divan, appearing for Professor Danino, argued that the earlier order had been passed ex parte and would have devastating consequences for the experts. Senior advocate Gopal Sankaranarayanan contended that there was no deliberate or malicious intent behind the drafting of the chapter, while senior advocate J. Sai Deepak submitted that media reportage had created an impression casting aspersions on the individuals personally.

Justice Bagchi, however, clarified that the Court’s concern was whether the treatment of the judiciary in the textbook was balanced, observing that while the challenges faced by the judiciary had been highlighted, there was no discussion on constitutional supremacy, legal aid or access to justice.