Supreme Court issues ‘show cause’ notice against NCERT for discussion on judicial corruption in textbook

ON THURSDAY, the Supreme Court came down heavily on the National Council of Educational Research and Training (‘NCERT’) for its Class VIII social science textbook, in which it discussed corruption in the judiciary.

A Bench comprising Chief Justice of India (‘CJI’) Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi issued a show-cause notice to the Secretary (School Education) in the Ministry of Education and the chairperson of the NCERT, calling upon them to explain why contempt proceedings should not be initiated against them.

The Bench also imposed a blanket ban on any further publication and dissemination of the book. It warned that any attempt to circumvent the order through electronic media or alternative titles containing the same content would be treated as a direct interference in the administration of justice and thus as contempt of court.

The Bench further summoned the records pertaining to the approval of the chapter in question, along with the names of the members responsible for drafting it.

These directions were issued even as, the previous day, the NCERT had issued a press statement regretting its error of judgement and deciding to withdraw the book.

Yesterday, senior advocates Kapil Sibal, Abhishek Manu Singhvi, and Mukul Rohtagi had mentioned the matter before CJI Kant, urging him to take suo motu cognisance of what was being taught to children about the judiciary.

Today, during the hearing, CJI Kant described the entire episode as a calculated move to undermine the institutional authority and demean the dignity of the judiciary.

“They fired the gunshot and the entire judiciary is bleeding,” CJI Kant thundered. He added that he would not close the suo motu proceedings until he identified those responsible for the offending chapter in the book.

Solicitor General Tushar Mehta, appearing for the Ministry of Education, submitted that the two persons responsible for the chapter would never again be allowed to be associated with the work of the ministry. CJI Kant termed it as very light action.

He added that if allowed to go unchecked, this would erode the sanctity of judicial office in the estimation of the public at large and in the minds of the youth. 

The Bench said the choice of words in the book may not be a simple inadvertent bona fide error.

The Bench directed the NCERT, in coordination with Union and State education departments to ensure that all copies of the book whether hard or soft currently in circulation, whether held in storage, retail outlets, or educational institutions, are immediately seized and removed from public access.