Supreme Court bans NCERT’s 8th class “Social Science” book, warns of strict action against those responsible

New Delhi: The Supreme Court on Thursday imposed a complete ban on National Council of Educational Research and Training (NCERT) Class 8 textbooks that contain a chapter on corruption in the judiciary. It appeared to be a “well-planned conspiracy” intended to defame the judiciary, the court said, adding that it ordered the seizure of all Class 8 books, their copies and digital formats containing the chapter on corruption. “He has dealt a blow which has hurt the judiciary,” a bench headed by Chief Justice Surya Kant said.

A day earlier, a bench headed by the Chief Justice had asked NCERT to apologize for the “inappropriate content” in the social science textbook and rewrite it in consultation with the appropriate authorities. The bench also included Justice Joymalya Bagchi and Justice Vipul M Pancholi. The bench issued show cause notices to the NCERT director and the secretary of the school education department and asked them why contempt proceedings should not be initiated against those responsible. Referring to Wednesday’s letter from NCERT, the Chief Justice said, “This (letter) in itself reflects a deep conspiracy… a well-planned conspiracy.”

The bench said in strong words that it appears that a “well-planned conspiracy” is being hatched to weaken the judiciary and insult its dignity. The bench warned that if its directions were violated in any way, serious action would be taken. Citing the contents of the book, the bench remarked that such behavior would have a deep impact on the judiciary. Such conduct would fall within the definition of criminal contempt. The top court said that if it is not stopped, it will reduce people’s confidence in the judiciary. “As the head of the institution, it is my duty to find those responsible,” the Chief Justice said.

“We would like to conduct a thorough investigation,” he said. The bench then directed that NCERT, in coordination with the education departments of the Center and states, ensure that all copies of the book, whether ‘hard copy’ or ‘soft copy’, are removed from public access. “Out of an abundance of caution, further publication, reprint or digital dissemination of the book in any form is completely prohibited,” the bench said. The court said any attempt to distribute the book either physically or digitally would amount to willful disobedience of the court’s order.

The section titled “Corruption in the Judiciary” in the new textbook says corruption, heavy burden of pending cases and lack of adequate number of judges are among the challenges faced by the judicial system. The textbook material also states that judges are bound by a code of conduct that governs not only their behavior in court, but also their conduct outside the court. The Supreme Court had taken suo motu cognizance of this matter on Wednesday.

The top court on Thursday clarified that the proceedings are not intended to stifle any legitimate criticism or prevent the judiciary from exercising its right of review. At the commencement of the hearing, Solicitor General Tushar Mehta tendered an unconditional apology on behalf of the Education Ministry. The Chief Justice, however, did not seem satisfied with this. He said that there is not a single word of apology in the NCERT letter, rather an attempt has been made to justify the chapter.

The bench said that the selection of words and expressions in the book cannot be said to be an inadvertent or unintentional mistake. The top court said that exposing students to “biased discourse” at this age is grossly inappropriate as it can lead to fundamental misunderstandings. The bench fixed March 11 for further hearing of the case.

The Chief Justice on Wednesday said no one in the world will be allowed to defame the judiciary and tarnish its integrity. The Chief Justice was clearly upset after the matter was mentioned by senior advocates Kapil Sibal and Abhishek Singhvi.

He said, “I will not allow this at any cost.” The law will take its course. I know how to deal with it.” NCERT, which is responsible for the school education curriculum, stopped distribution of the textbook on Wednesday, hours after removing the book from its website. The Council said that it “has the utmost respect for the judiciary and considers it to be the protector of the Indian Constitution and guardian of fundamental rights”. NCERT described this error as a completely unintentional incident.