NCERT textbook controversy: Blacklisted experts move Supreme Court against order criticising them

The three experts, Professor Michel Danino, Suparna Diwakar, and Alok Prasanna Kumar, who were recently censured by the Supreme Court for the contents of a school textbook chapter they drafted on judiciary, have moved the top court against observations made against them.

The Court had taken a suo motu congnizance of the Class VIII textbook published by the National Council of Educational Research and Training (NCERT) and said its contents demeaned the dignity of the judiciary.

The school education body then withdrew the book from the market and also apologized for the chapter on Indian judiciary. Danino was involved in drafting the chapter and he was assisted by Diwakar and Kumar, the NCERT had told the Court in response to a court order.

The Court last month ordered that these experts should not be associated, in any manner whatsoever, with the preparation of the curricula or the finalization of textbooks in India.

Today, a Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi was informed that these experts have filed applications to explain their position.

The Court, however, found that these applications were not listed today and ordered that the same be listed after curing of defects.

"Applications have been filed by the three on whom reference has been made in our order dated March 11 where certain directions were issued in respect of them. These applications are not listed today. After curing of defects let the case be listed on so and so date," the Bench said.

Senior Advocates Arvind Datar, Gopal Sankaranarayanan and J Sai Deepak appeared for the three experts.

"We want to show what process was followed. They are not fly-by-night authors. They are respected," Sankaranarayanan, appearing for Kumar, said.

Senior Advocate Datar, appearing for Professor Danino, also said that they have given detailed submissions in the applications.

Similarly, senior counsel Deepak said,

"I appear for Suparna Diwakar. This was a collective process and no individual had a sole say"

A controversy erupted in February after a newspaper reported about the textbook, titled Exploring Society: India and Beyond (Class 8, Vol. 2), particularly the section on “corruption in the judiciary” published as part of a chapter on “The role of the judiciary in our society."

After the Supreme Court initiated the present case, 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.

The NCERT then submitted that the chapter has been rewritten. However, the Court directed that it be examined by a Committee of domain experts, preferably including a former senior Judge, an eminent academician, and a renowned practitioner in law.

Today, the Court was informed that a three-member committee comprising Justice (retd.) Indu Malhotra, Senior Advocate KK Venugopal and Prakash Singh, Vice Chancellor of HNB Garhwal University has been constituted.

The committee is to collaborate with the National Judicial Academy Bhopal to finalise the legal studies curriculum of Class VIII and higher grades in compliance with NCERT syllabus.

"NCERT has also issued notification on April 2 whereby a high powered committee for preparation of national syllabus and teacher learning committee has been reconstituted. The details of the 20 distinguished members including Mr MC Pant being the chairman, has been constituted," the Court recorded in its order.

The Court today said that the committee must not remain confined only to the Class VIII chapter but consider all aspects.