Disturbing: Supreme Court on NCERT decision to rework controversial chapter on judiciary without jurists; blacklists earlier experts

The Supreme Court on Wednesday took objection to the National Council of Educational Research and Training (NCERT) Director Dr Dinesh Prasad Saklani's submission that the controversial Class 8 Social Science textbook released by NCERT containing a section on “corruption in judiciary” has been rewritten.

The Court was hearing a suo motu case initiated by it over the controversial NCERT textbook chapter.

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi noted that the reply by the NCERT director was "disturbing" since it does not give any details on the experts who have rewritten the chapter or those who approved its inclusion in the revised book.

"Reply of NCERT director is disturbing as it is submitted that in terms of directions issued by us, chapter IV of the book has been duly rewritten. It is further stated that the revised chapter shall be incorporated in the forthcoming academic session and shall be implemented across schools in terms with applicable school curriculum framework. Neither the affidavit nor otherwise has apprised the court as to who are the alleged subject experts who has re-written the chapter again and who has approved its inclusion. Suffice to say that more complexity shall be created," the Court said.

In light of the same, the Court directed that the rewritten chapter shall not be published until it is reviewed by a committee of domain experts.

The Court then directed the Central government to constitute the committee which shall comprise one retired judge, one renowned academician and one renowned lawyer.

"If NCERT wishes to teach the next generation about the judiciary, we are disappointed that no single eminent jurist is there in the committee. We are equally perturbed by the stand taken by NCERT director. If at all the chapter is rewritten, we direct the same shall not be published unless approved by a committee of domain experts. We direct government of India to frame a committee of domain experts which should have one former senior judge, one renowned academician and one renowned practitioner," the Bench directed.

The expert committee of domain experts is to be formed within one week and the National Judicial Academy at Bhopal should also be taken into confidence for the preparation of content on legal studies, the Court further ordered.

Pertinently, the Court also directed that the Union government and States shall not associate with Professor Michel Danino, Suparna Diwakar and Alok Prasanna Kumar, who were involved in drafting the earlier controversial chapter.

This was after the NCERT director informed the Court that Danino was involved in drafting the earlier chapter and he was assisted by Diwakar and Kumar.

"At the outset, we have no reason to doubt that professor Michel Danino along with Ms Diwakar and Mr Alok Prasanna Kumar either does not have reasonable knowledge about Indian judiciary or they deliberately, knowingly misrepresented the facts in order to project a negative image of the Indian judiciary before students of class 8 who are at an impressionable age. There is no reason as to why such persons be associated in any manner with the preparation of curriculum or finalisation of textbook for the next generation. We direct Union, all States, all institutions receiving State funds to disassociate them from rendering any service which would mean payment to them from public funds," the Court directed.

However, the three individuals can approach Supreme Court for modification of this order, the Court added.

"This is subject to them approaching this Court for seeking modification after tendering their response," the Bench ordered.

Interestingly, the Court also directed that action should be taken against "some elements" on social media for "acting irresponsibly."

"Some elements in so called social media have acted irresponsibly. We firmly believe in catching bull by its horns. We direct the Government of India to identify the platforms and the persons who have indulged in so for lawful action to be taken. The law must take its course. Even if they are hiding in this country somewhere, we will not spare them," the Bench said.

Order in a nutshell

- Central government to form an expert committee comprising one retired judge, one eminent academician and one renowned lawyer to review the offending chapter which has been reworked by NCERT;

- The reworked chapter should not be published unless approved by expert committee;

- Three experts involved in drafting earlier controversial chapter to be blacklisted by the Union government and all States;

- Action ordered against social media warriors.

Background

The book in question, titled Exploring Society: India and Beyond (Class 8, Vol. 2), reportedly contained 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 February 25, 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.

When the matter was heard in detail on February 26, the apex court imposed 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.

On that date, the Court also issued 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.

Hearing today

When the case was taken up for hearing today, Solicitor General (SG) Tushar Mehta, appearing for the Central government, said that NCERT has tended an unconditional apology.

He also said that the government has directed NCERT to review all textbooks.

"Two affidavits have been filed tendering unconditional apology. An ad was also put out with apology. Central govt has also directed NCERT to review all books across all standards," the SG submitted.

The Court was told that the offending chapter has been rewritten. The CJI then asked who has rewritten the same.

"Director NCERT says the chapter has been rewritten now. Who has rewritten this?" he asked.

"It says it has been duly re written. Where is they chapter and who has done that?" Justice Bagchi added.

"We have subject matter experts," the NCERT counsel replied.

"If our understanding of grammar is correct, in what manner has it been rewritten and what is the content of the present chapter. After concern expressed us the director of NCERT comes up with such a laconic statement!" Justice Bagchi remarked.

"Nothing will go into the book unless vetted by the committee of domain experts," SG Mehta assured.

The Court eventually proceeded to order the constitution of an expert committee to review the rewritten chapter.

It also ordered the blacklisting of earlier experts who were involved in drafting the earlier chapter.

[Read Live Coverage]