The Supreme Court has closed the suo motu proceedings concerning an NCERT Class 8 textbook that contained a reference to “corruption in judiciary”, after taking note of the revised chapter prepared following an expert review.
A Bench headed by Chief Justice of India Surya Kant disposed of the proceedings after the Union Government informed the Court that the revised textbooks had been brought into circulation. The Court noted that the remedial measures undertaken by NCERT and the work of the expert committee had substantially addressed the concerns that had led to the initiation of the proceedings.
In its order, the Bench underlined that the judiciary does not consider itself immune from criticism. The Court observed that fair, informed and constructive scrutiny of judicial functioning has an important role in a constitutional democracy, particularly in promoting institutional accountability and enabling self-correction.
At the same time, the Court drew a distinction between legitimate criticism and unsubstantiated assertions. It emphasised that criticism concerning the judiciary should be expressed through appropriate forums and on a rational and responsible basis, rather than being incorporated into educational material without adequate verification.
The proceedings had originated after the Supreme Court took suo motu cognisance of the controversial reference in the Class 8 NCERT textbook. The issue had attracted considerable attention after the Chief Justice expressed strong reservations about the manner in which the judiciary had been portrayed in the school curriculum.
The Court had subsequently issued contempt notices to Professor Michel Danino, Suparna Diwakar and Alok Prasanna Kumar, who were associated with the preparation of the chapter. The Court had also directed that the individuals concerned should not participate in future academic projects undertaken by public institutions.
During the subsequent proceedings, the government constituted an expert panel to examine the disputed material and recommend appropriate corrective measures. The committee was headed by former Supreme Court judge Justice Indu Malhotra and included former Attorney General for India and senior advocate K.K. Venugopal and Professor Prakash Singh.
The committee worked in coordination with the National Judicial Academy, Bhopal, and the reconstituted National Steering Committee for Textbooks. Following its review, the disputed chapter was replaced with revised material.
When the matter came up before the Supreme Court on September 1, Solicitor General Tushar Mehta informed the Bench that the revised textbooks were already in circulation.
The Court also took into account the apologies tendered by officials of NCERT and the corrective measures undertaken during the pendency of the proceedings. It recorded that the expert review had been completed satisfactorily and that a revised and balanced version of the material was already being used.
On that basis, the Bench concluded that the primary objective behind initiating the suo motu proceedings had substantially been fulfilled and proceeded to dispose of the case.
The Court’s order, however, went beyond the immediate controversy concerning the NCERT textbook. It articulated the broader constitutional position that criticism of judicial institutions is neither impermissible nor inherently objectionable.
The emphasis, instead, was on the manner and basis of such criticism. According to the Court, scrutiny of judicial functioning can contribute meaningfully to institutional improvement when it is informed, reasoned and responsibly presented. The concern arises when unverified assertions are presented as established facts, particularly in educational material intended for young students.
The observations assume significance in the context of the delicate balance between institutional accountability and maintaining public confidence in constitutional institutions. The Court’s intervention thus sought to preserve space for legitimate criticism while cautioning against the unverified portrayal of serious allegations in school textbooks.
With the revised material now in circulation and the corrective process completed, the Supreme Court has brought the proceedings to an end.
The case nevertheless leaves behind a broader judicial observation: criticism of constitutional institutions remains an essential component of democratic discourse, but its credibility depends upon fairness, verification and responsible presentation.
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