SC bans NCERT book over chapter on judicial corruption; minister promises action

NEW DELHI/JAMSHEDPUR: The Supreme Court on Thursday imposed a “complete blanket ban” on any further publication, reprinting or digital dissemination of the NCERT’s Class 8 social science book as it contains “offending” contents on corruption in the judiciary, saying a gunshot has been fired and the institution is bleeding.

The government, on its part, expressed anguish over the inclusion of the controversial section in the book, with Union Education Minister Dharmendra Pradhan promising to fix accountability and take action against those involved in drafting it.

Observing that there appeared to be a “deep-rooted conspiracy” and a “calculated move” to undermine the institution and demean the dignity of judiciary, the Supreme Court directed that all copies of the book — physical and digital — currently in circulation be seized immediately and removed from public access without any delay.

A bench headed by Chief Justice Surya Kant issued show-cause notices to the NCERT director and the secretary of the department of school education, asking them to explain why action not be initiated against those found responsible for introducing the “offending” chapter.

“As an abundant precaution, a complete blanket ban is hereby imposed on any further publication, reprinting or digital dissemination of the book titled ‘Exploring Society: India and Beyond’ (Vol II),” the bench, which also comprised justices Joymalya Bagchi and Vipul M Pancholi, said.

Pradhan underlined that the government has full respect for the judiciary and has no intent of disrespecting the institution.

“I am very sad at what has happened and express regret… There was no intention to insult the judiciary. An inquiry will be conducted and accountability fixed. Action will be taken against those involved in drafting the chapter. As soon as we got to know (about it), the circulation of the textbooks was put on hold,” Pradhan told reporters in Jamshedpur.

The National Council of Educational Research and Training (NCERT) social science textbook for Class 8 in question states that corruption, a massive backlog of cases, and the lack of an adequate number of judges are among the challenges faced by the judicial system.

After stern words by the Supreme Court on Wednesday that it will not allow “anyone on earth” to tarnish the judiciary’s integrity, the NCERT pulled the textbook from its website, apologised for “inappropriate content” and said it will be rewritten in consultation with the appropriate authorities.

The top court warned that any attempt to circumvent its order through electronic medium or alternative titles containing the same content shall be treated as a direct interference, wilful breach and defiance of its directions.

“They have fired a gunshot. The judiciary is bleeding,” a visibly irked CJI said during the hearing in a suo motu matter over the book.

“It is my duty as the head of the institution to find out who is responsible; heads must roll,” the CJI said, adding, “We would like to have a deeper probe”.

The bench said it was “nearly shocked” when a newspaper published an article regarding the release of the social science textbook having the chapter.

It said after the media report was published, the apex court’s secretary general was asked to verify whether such a publication was released by the NCERT.

“Instead of having an introspection of what had been written in the book in the most reckless, irresponsible, contemptuous and motivated manner, the director (of NCERT) responded in writing defending the contents of the book,” the bench said.

It said on a prima facie examination of the book’s contents read in conjunction with the administrative response received from the director, it seemed “there is a calculated move to undermine the institutional authority and demean the dignity of the judiciary”.

“We may, however, hasten to add that we do not propose to initiate the suo motu proceedings to stifle any legitimate critique or with a view to stop any individual or organisation from exercising their right to scrutinise public institutions, including the judiciary,” it said.

“Given the serious consequences and an everlasting adverse impact on the independence and autonomy of judiciary, such a misconduct would fall within the definition of criminal contempt under section 2(c) of the Contempt of Courts Act, 1971…,” it said.

The bench asked the director of the NCERT to produce the original records of minutes of the meetings where the offending chapter was deliberated and finalised, and the names and credentials of the textbook development team responsible for drafting the chapter.

Solicitor General Tushar Mehta tendered an unconditional and unqualified apology on behalf of the department of school education. Mehta said the two individuals who prepared the chapter would never be associated with any activity of the ministry.

“There are 32 books which went in the market and which are being withdrawn. Rest of the books we are not circulating. The entire chapter would be re-visited by a new team,” the top law officer said, adding, “We can’t teach our Class 8 students that justice is being denied in the country”.

Meanwhile, the Bharatiya Janata Party (BJP) said it respects the judiciary and takes pride in its impartial functioning. Party spokesperson Sambit Patra said, “I would like to put forth the party’s stand as its spokesperson that there is no other institution, I would say not only in India but in this whole world, that is as independent and as deserving as the Indian judiciary is.”

“We all have a feeling of great respect and pride towards the Indian judiciary, and this is the feeling in everyone’s heart,” Patra told reporters at the party headquarters.

The bench posted the matter for further hearing on March 11. (PTI)