NCERT Textbook Ban Sparks Debate Over Judicial Integrity and Selective Criticism

New Delhi – India’s Supreme Court has imposed a complete ban on a recently revised Class 8 social science textbook published by the National Council of Educational Research and Training (NCERT) after a chapter was deemed “extremely contemptuous” and “reckless” for referencing corruption within the judiciary. The ban follows strong criticism from the court and legal experts, including Senior Advocate Abhishek Manu Singhvi, who argued the chapter’s focus was misdirected and potentially part of an agenda to undermine the judicial system.

Supreme Court Intervention and Textbook Withdrawal

The controversy erupted on February 24th, when media reports highlighted the textbook’s inclusion of a section detailing “corruption in the judiciary” and acknowledging significant case backlogs. On February 25th, Singhvi and Senior Advocate Kapil Sibal brought the matter to the court’s attention, arguing the content scandalized the entire judiciary. Chief Justice Surya Kant responded, stating he was aware of the issue and would not allow the integrity of the institution to be tainted. The court subsequently initiated a suo motu case.

By February 26th, the Supreme Court banned the textbook and issued contempt notices to the NCERT Director and the Secretary of School Education, Ministry of Education. The court stated the publication appeared to be a serious misconduct, potentially constituting criminal contempt if proven a deliberate attempt to discredit the judiciary. NCERT had initially apologized and withdrawn the book from distribution following the Chief Justice’s initial criticism.

Singhvi’s Critique: Selectivity and Institutional Concerns

Speaking at an event in Delhi on Saturday, February 28th, Abhishek Manu Singhvi explained that the judiciary’s strong reaction stemmed not from acknowledging the existence of corruption – which he conceded occurs in all sectors of society – but from the chapter’s selective focus. He argued the text unfairly singled out the judiciary without addressing systemic corruption in other areas like bureaucracy and the political class, nor offering institutional solutions.

“The problem is the selectivity of the two-page chapter,” Singhvi stated, as reported by LiveLaw. “It suddenly, out of the blue, plucks out for the first time 2 pages on judiciary… It is plucked out and placed out of context as if it is targeting one. That is a matter of concern.”

Singhvi also suggested the chapter’s inclusion might have been part of a deliberate attempt to intimidate or threaten the judiciary, particularly if it was introduced without proper scrutiny during a meeting. He refrained from elaborating further due to the ongoing judicial review of the matter.

Addressing Court Backlogs and Judicial Appointments

Singhvi also addressed the issue of case backlogs in Indian courts, attributing it primarily to an insufficient number of judges. He noted India has a low judge-to-population ratio and emphasized the require for timely judicial appointments. He stated that the country’s legal innovations, such as Public Interest Litigation (PIL) and the basic structure doctrine, are undermined by the overwhelming backlog of cases, leading to a denial of human rights.

“Our country has the most progressive, greatest inventions of law… And yet we have to hang our head in shame due to arrears which have now doubled,” Singhvi said.

Broader Context and Legal Leadership

During his address at “Justice Unplugged: Shaping the Future of Law,” hosted by The Hindu and VIT School of Law, Singhvi encouraged young lawyers to prioritize the defense of liberty and the strengthening of the constitution. He emphasized that a lawyer’s success should be measured by their contribution to constitutional principles, not solely by the number of reported judgments they secure. He cited historical figures like Mahatma Gandhi, Jawaharlal Nehru, and B.R. Ambedkar as examples of legal professionals who used their skills for societal betterment.

Key Takeaways

• The Supreme Court has banned an NCERT textbook chapter referencing judicial corruption.
• Senior Advocate Abhishek Manu Singhvi criticized the chapter’s selective focus on the judiciary.
• Concerns were raised about a potential agenda to intimidate the judicial system.
• Court backlogs were identified as a major issue, linked to a shortage of judges.