The Supreme Court on Wednesday directed the Centre, states, union territories, National Council of Educational Research and Training (NCERT) and universities to disqualify professor Michel Danino, teacher Subarna Diwakar and legal scholar Alok Prasanna Kumar from any role in preparing academic syllabi, following the controversy over Chapter 8 of a social science textbook on judiciary prepared by them.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalia Bagchi and Vipul M Pancholi said the three should not be associated “in any way” with preparing or finalizing textbooks meant for students. However, she explained that they can go to court to request that the order be modified and provide an explanation.
The court noted that the controversial chapter discussing corruption and dependency in the judiciary had been prepared by the textbook development team headed by Danino, with Diwakar and Kumar as members. According to the affidavit filed by NCERT, the draft was not presented before the National Curriculum and Teaching and Learning Subjects Committee (NSTC) – a high-level body charged with developing school curricula and textbooks for classes 3 to 12, but was distributed digitally among a few members only.
Taking this into consideration, the bench directed the Center to reconsider the composition of the National Counter-Terrorism Committee, particularly with regard to those to whom the chapter has been circulated.
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The court also observed that if NCERT intended to teach students about the judiciary, it was surprising that no eminent jurist was included in the committee responsible for developing the subject. It is left to the competent authority to consider whether it is necessary to make changes in the composition of the body.
The bench also directed that if the chapter on judiciary is to be reintroduced in the textbook for class VIII or included in textbooks for other classes, the central government must first constitute a committee of domain experts to finalize the syllabus. The court said it would be preferable for the committee to include a former senior judge, an eminent academician and a renowned practitioner of law.
In addition, the court asked the Union government to identify the social media accounts and digital platforms that “irresponsibly” reacted to the proceedings and allegedly abused the judiciary over the issue, and provide their details so that action can be taken in accordance with the law.
During the hearing, the bench expressed concern about the way the chapter was prepared and circulated.
Solicitor General Tushar Mehta, representing the Union government, informed the court that the director of NCERT and the secretary in the school education department have already tendered unconditional apologies. He also said that the Center has instructed NCERT to conduct a review of textbooks in all classes.
However, the authority questioned the absence of adequate institutional controls in preparing school curricula. Examining the affidavit filed by NCERT, the bench observed that it revealed how study materials were published without proper scrutiny or approval at various levels.
Mehta admitted that the class was distributed digitally to a limited group and that the required approval and evaluation mechanisms did not exist. He assured the court that an independent committee of experts would now review the textbooks.
The court also took note of NCERT’s statement that the chapter has already been “rewritten” for future academic sessions. However, the panel questioned the lack of clarity about who rewrote the material and how it was approved.
The court said in its order that the affidavit did not reveal the identity of the experts who rewrote the chapter or the authority that approved its inclusion in the curriculum. She warned that repeated “hasty actions” could create further complications in ensuring objective and balanced information about institutions such as the judiciary.
The bench directed that if the chapter has already been rewritten, it should not be published unless it is first approved by a committee of domain experts constituted by the central government within a week.
At the same time, the court made clear that its order was not intended to prevent legitimate criticism of the judiciary. The bench observed that if there are shortcomings in the institution and the expert body highlights them in a balanced manner, it will be a welcome step.
The court also suggested that the committee reviewing this chapter should consider including the National Judicial Academy in Bhopal while finalizing the legal studies curriculum for higher levels.
The controversy arose earlier this year when the Supreme Court took suo motu cognizance of media reports about a Class 8 social science textbook titled ‘Exploring Society: India and Beyond’, which included references to alleged corruption in the judiciary.
On February 26, the court ordered immediate confiscation of all physical copies and removal of digital copies of the book, while issuing show-cause notices to the director of NCERT and the secretary in the school education department as to why criminal contempt proceedings should not be initiated.
The matter returned to court after NCERT and the Union government filed affidavits offering unconditional apologies and outlining steps taken to withdraw the controversial chapter and review the textbooks.
