The Supreme Court on Thursday took strong objection to the Class 8 Social Science textbook recently released by the National Council of Educational Research and Training (NCERT) which carried a section on “corruption in judiciary.”

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi said that the same was an outcome of a deep-rooted conspiracy and that those responsible must be brought to book.

"We would like to have a deeper probe. We need to find who is responsible and we will see who are there. Heads must roll! We will not close the case," CJI Kant said.

The Court proceeded to issue notice under the Contempt of Courts Act to the Department of School Education and to NCERT Director Dr Dinesh Prasad Saklani, asking them to show cause why suitable action should not be initiated against them or those who are behind the offending chapters.

Pertinently, the Court also ordered the NCERT and the Union and State Education Departments to ensure that all copies of the book, be it hard copy or digital, be removed from public access.

"The NCERT in coordination with Union and State education departments are directed to ensure that all copies of the book, hard copy or soft copy, whether held in retail outlets or schools, is removed from public access. Must be removed from all physical and digital platforms immediately. A compliance report to be filed. It will be the responsibility of the Director, NCERT to effectuate immediate seizure of all such books sent to the premises of such schools and submit a compliance report. We direct that no instruction is imparted based on the physical or digital copy of the subject book. Principal secretaries of department of education of all States are directed to comply with directions issued here in and submit compliance report within 2 weeks," the Court ordered.

Out of abundant caution, the Court also proceeded to impose a blanket ban on production and distribution of the book and also sought details on those members of the National Syllabi Board who wrote the offending chapter.

"Any attempt to distribute this book either physically or digitally shall be taken as a willful breach of the order of this court. NCERT Director is required to submit member names of the National Syllabi Board who wrote 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 finalized shall be produced on the next date of hearing," the Court directed.

Order in a nutshell

- Blanket ban on book;

- Contempt of court notice to NCERT Director and Department of School Education;

- Copies of the book, be it hard copy or digital, to be removed from public access;

- Details of members of National Syllabi Board who wrote the offending chapter and minutes of meeting at which the offending portions were discussed and finalised to be provided to Supreme Court.

The Court in its order also took strong objection to the communication by the NCERT Director to the Supreme Court after the controversial portions came to light.

"Instead of filing an introspection of what has been written in the book in an extremely contemptuous and reckless manner, the NCERT Director wrote back defending the contents," the Court noted.

The Court said that it was a calculated move to undermine the judiciary.

"It seems to us that there is a calculated move to undermine the institutional authority and demean the dignity of the judiciary. This, if allowed to go unchecked, will erode the sanctity of judicial office in estimation of public at large and within impressionable minds of youth," the order noted.

While the publication dedicates an entire chapter on the role of the judiciary in our society, it washes away the illustrious history of the Supreme Court, the High Courts and the trial courts and the role played by the institution in preserving the democratic fabric, the Bench said.

"The text fails to recognize role of judiciary which upheld the basic structure doctrine. The silence particularly is egregious since so many high ranking officers have been held by this court for corruption, misuse of public office or diversion of funds," the Bench said.

Pertinently, the Court opined that the choice of words and expressions in the book did not seem like a bona fide error.

The Court clarified that the proceedings initiated by it is not to stifle legitimate criticism of the judiciary, but to uphold the integrity of education.

"We hasten to add that we do not propose the suo motu proceedings to stifle any legitimate critique or exercising right to scrutinise judiciary. We are of the firm conviction that rigorous discourse helps the living vitality of the institution. The necessity of judicial intervention is not from a desire to suppress criticism, but to uphold the integrity of education. While students begin to navigate the nuances of public life and institutional architecture, it is improper to expose them to a biased narrative at this kind of age..."

"Given the serious consequences and an everlasting adverse impact on the independence of the judiciary, such misconduct will fall within the purview of criminal contempt. If proved to be a deliberate move, it will undoubtedly lead to interfering with administration of justice besides scandalising the institution," the Bench added.

The Court said that after examining the compliance reports and other details, it might constitute a panel to fix responsibility.

"After reports are produced, we will constitute a group which will go through this and we will see who is responsible," the CJI remarked.

He also revealed that he got many phone calls requesting him to take action.

"I have got hundreds and hundreds of calls. They urged me to take action."

The matter will be heard again after four weeks.

Background

The book in question, titled Exploring Society: India and Beyond (Class 8, Vol. 2), is reported to have a section on “corruption in the judiciary” as part of a chapter on “The role of the judiciary in our society."

The issue was first mentioned by Senior Advocate Kapil Sibal on Wednesday, when the Court revealed that it has already taken cognisance of the issue.

Meanwhile, NCERT released a press note attributing the controversial portion of the textbook to an inadvertent error of judgment, adding that it is withdrawing the said portion of the book and would be rewriting it after proper consultation.

"Certain inappropriate textual material and error of judgement have inadvertently crept into Chapter No 4, entitled 'The Role of Judiciary in our Society' (pg 125-142). The Department of School Education & Literacy (Ministry of Education) also made a similar observation and directed that the distribution of this book may be kept on strict hold until further orders. The same has been complied with," the note issued last evening said.

Hearing today

When the suo motu case was taken up today, Solicitor General Tushar Mehta, appearing for the Central government, apologised to the Court.

"In the suo motu case, at the outset we tender an unconditional apology," SG Mehta said.

"Our friends in media sent this notice. There is no word of apology in this," CJI Kant said referring to the NCERT press note.

Supreme Court Bar Association President Vikas Singh said that the controversial chapter was deliberate.

"It is our institutional duty to find out if it was published in the book or not. In the communication to the registrar general, the authority was defending. This was a deep rooted conspiracy," the CJI said.

"The two individuals who prepared the two chapters will never work with UGC or any ministry," the SG assured.

"That will be very easy then and they go scot-free. They fired the gunshot. Judiciary is bleeding today. When there is a mounting attack on us, we know how we maintain balance. These copies are there in the market," CJI Kant responded.

"32 books went to the market and have been withdrawn. The entire book will be revisited. There is another part on case pendency and it says justice denied," SG Mehta said.

"It is a calculated move. The entire teaching community will be told is that Indian judiciary is corrupt and cases are pending. Then students and then parents. This is a deep rooted conspiracy!" CJI Kant said.

"This is very selective," Senior Advocate Abhishek Manu Singhvi weighed in.

"What about politicians and leaders? This book is in the pdf format," Senior Advocate Kapil Sibal pointed out.

Justice Bagchi pointed out that the chapter on the judiciary is extremely lopsided and that some of the material is in the digital domain.

"Some material is in digital domain and the view is extremely lopsided and no view on judiciary is a protector of fundamental fights, legal aid etc. Take down orders also have to be issued," he opined.

"We stand by the institution. No one will get away scot free," the SG assured.

The CJI thanked the media for highlighting the matter.

"We are thankful to the media. They highlighted this," he said.

"Mainstream media is always responsible. There are tabloids and virtual platforms whose main idea is to blackmail etc," SG Mehta stated as the hearing drew to a close.

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