SC Orders NCERT Panel Dissociation Over 'Corruption in Judiciary' Textbook Chapter

A Bench led by Chief Justice of India Surya Kant also directed that Danino and his team be dissociated from rendering any service in any institution that would involve payment to them from public funds.

However, the court clarified that the direction would be subject to the three individuals approaching the court to seek modification of the order after furnishing their explanation.

"At the outset, we have no reason to doubt that Professor Michel Danino, along with Ms Diwakar and Mr Alok Prasanna Kumar, either does not have reasonable knowledge about the Indian judiciary or they deliberately and knowingly misrepresented the facts in order to project a negative image of the Indian judiciary before students of Class 8 who are at an impressionable age. There is no reason as to why such persons be associated in any manner with the preparation of the curriculum or finalisation of textbooks for the next generation. We direct Union, all States and all institutions receiving State funds to disassociate them from rendering any service which would mean payment to them from public funds," the court noted.

The Bench also took exception to NCERT's affidavit stating that Chapter 4 had already been rewritten. It is directed that even if the chapter has been rewritten, it cannot be included in the curriculum without approval from a committee of domain experts to be constituted by the Central government.

The court also expressed disappointment over the composition of the existing committee.

"We find it slightly disappointing that not a single eminent jurist is included in the committee," the Bench remarked.

The court directed that if Chapter 4 of the textbook has been rewritten, it shall not be published unless it is approved by a committee of domain experts consisting of one former senior judge, one eminent academician and one renowned practitioner.

"We direct that if at all Chapter 4 of the textbook has been rewritten, the same shall not be published unless it is approved by a committee of domain experts," the order stated.

The Bench also reiterated that its interim directions were not intended to prevent legitimate and objective criticism of the judiciary.

"We hasten to reiterate paragraph 9 of our order dated February 26 to show that the interim directions issued are not intended to prevent any healthy, objective and legitimate criticism of the functioning of the judiciary. If the judiciary is suffering from any deficiencies like any other institution, it will be a welcome step not only for the future generation of the nation, it will open doors for the present generation to take necessary remedial steps", the Court noted.

The court directed the Centre to constitute the expert panel within one week.

During the hearing, Solicitor General of India Tushar Mehta informed the Bench that the Director of the National Council of Educational Research and Training (NCERT) had tendered an unconditional apology through an affidavit.

"An unconditional apology has been tendered in the affidavit submitted by the Director of NCERT. A one-line unconditional apology has been published. The Central Government has already directed NCERT to review textbooks of all standards in this context," Mehta submitted.

The court accepted the apology but expressed concern over the process through which the NCERT curriculum was being approved.

"Instead of leaving it to the NCERT, we would have appreciated that the Central government... Not after tendering this apology, this affidavit is eye-opening. That NCERT curriculum is approved without any scrutiny," the Bench observed.

Responding to the court's concerns, Mehta said the government was aware of how to deal with the situation.

"We know how to deal with such persons. They must also know how to deal with the current CJI. Right now, they have realised their mistake. There is an unconditional apology," the Court verbally remarked.

Earlier, on February 26, this year, the Court had issued show cause notices to the Secretary of the Department of Education and Literacy (Ministry of Education) and to NCERT Director Dr Dinesh Prashad Saklani to show cause as to why suitable action either under Contempt or under any other law should not be taken against those who have prepared the sub-chapter in the Class 8 NCERT book "Corruption in the judiciary".

Refusing to stall its suo motu proceedings, even after the NCERT had issued an apology with respect to the said selective inclusion of the said Chapter, the Court had imposed a blanket ban on the Class 8 textbook in question. It has clarified that any attempt to circumvent or bypass this order will be treated as direct interference with the administration of justice and will amount to contempt of court.

The Court had further directed the National Council of Educational Research and Training (NCERT) to place on record the details of the Teaching-Learning Materials Committee that approved the impugned chapter. The names, qualifications, and credentials of all members of the chapter development team are to be furnished before the Court.

Today, the Court noted NCERT's compliance in terms of its earlier directions and accepted its apology. It also ordered the constitution of a fresh Committee in this regard and ordered the removal of the panel behind the inclusion of the controversial chapter in the Class 8 book, which had led the Court to initiate suo moto proceedings in the matter.

- ANI