SC lifts ban on academics who wrote NCERT's judiciary chapter
What's the story
The Supreme Court has lifted the ban on three academics who wrote a controversial National Council of Educational Research and Training (NCERT) Class 8 chapter on "corruption in the judiciary." The court recalled its earlier order barring Professor Michel Danino, Suparna Diwakar, and Alok Prasanna Kumar from academic projects at Central or State Universities and public educational institutions. The apex court clarified that the Union and states may make individual decisions on associating these scholars with academic projects.
Order details
Earlier observation expunged by the court
The court also expunged its earlier observation that the academics "deliberately and knowingly have misrepresented the facts in order to project a negative image of the Indian Judiciary to students of Class 8, who are at an impressionable age." The bench, headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and Vipul Pancholi, said it was satisfied with the explanation given by these academics.
Defense arguments
Arguments by lawyers
Senior Advocate Shyam Divan, representing Danino, argued that the March 11 order was passed without hearing them and requested its suspension due to potential consequences. He requested suspending the order, saying that it has "far-reaching consequences." Senior Advocate Gopal Sankaranarayanan, appearing for Kumar, defended the chapter, saying it was a continuation of the chapters in Classes 6 and 7.
Government stance
'There is open discussion in media about concerns affecting judiciary'
Sankaranarayanan argued that when there is an open discussion in the media about concerns affecting the judiciary, it cannot be kept from students, who should get a genuine grasp of the system, "warts and all." He asked if institutions must be "white-washed" before the students. Justice Bagchi stated that the issue was that corruption was portrayed as a problem unique to the judiciary.
NCERT
Controversy started in February after news report
The controversy began in February when a newspaper reported on the textbook Exploring Society: India and Beyond (Class 8, Vol. 2), particularly the section on "corruption in the judiciary" that was published as part of a chapter on "The role of the judiciary in our society." The Supreme Court took suo motu cognizance of the matter, saying the content undermined judicial dignity. Afterward, NCERT admitted to an error and decided to withdraw and rewrite the controversial portion after consultation.
Judges
NCERT withdrew the book from circulation
The NCERT then withdrew the book from circulation and apologized for the chapter on the Indian judiciary. Danino was primarily responsible for drafting the chapter, with Diwakar and Kumar assisting him, NCERT told the court. The court had also ordered that these experts should not be associated with curriculum preparation or textbook finalization in India.