New Delhi: The Supreme Court Thursday thanked the media for bringing to the fore the issue concerning NCERT’s Class 8 social science book containing “offending” contents on corruption in the judiciary, saying otherwise the damage would have been “completely irreversible”.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi Thursday imposed a blanket ban on any further publication, reprinting or digital dissemination of the book, saying they have “fired a gunshot” and the judiciary is “bleeding”.
During the hearing in the suo motu case, one of the advocates told the bench that the media should be restrained from disclosing the offending parts of the textbook.
“Sometimes there are some small channels, which indulge in all this. But look at the other aspect. It is the responsible media that brought the matter into the public domain. So, we are thankful to the friends in the media,” the CJI said.
Solicitor General Tushar Mehta said that mainstream media is always responsible, and it is the tabloids that create the problem.
The CJI said that as one of the pillars of democratic values and in ensuring constitutional values, the media plays a “very vital, very constructive and very positive role”.
“Otherwise, the damage would have been completely irreversible,” the CJI said.
In its order, the bench said the framers of the Constitution were profoundly conscious and took abundant caution to ensure that constitutional responsibilities were inscribed with such precision that the three pillars legislature, executive and judiciary remain capable of operating with institutional autonomy while functioning in concert to preserve the democratic fabric of the nation.
It said it was “nearly shocked” when a leading English newspaper published an article on February 24 regarding the release of the social science textbook for Grade 8 (Part 2) titled ‘Exploring Society: India and Beyond’.
“The inclusion of this subject matter within a foundational curriculum, in our considered opinion, warrants a rigorous review of its pedagogical suitability and its potential impact on the institutional standing of the judiciary as a whole,” it said.
The bench said the contents of the chapter made prominent reference to hundreds of complaints received against the judiciary, clearly indicating, as if no action was taken, “picking a few words from the statement of a former chief justice, suggesting that the judiciary itself has acknowledged the lack of transparency, accountability and institutional corruption”.
It said the publication “ostensibly dedicates an entire chapter to the role of the judiciary in society and washes off with one stroke of the pen, the illustrious history associated with the Supreme Court, high courts and district courts”.
“The text unfortunately fails to acknowledge the imperative role the judiciary undertakes in upholding constitutional morality and the basic structure doctrine, principles that constitute the very lifeblood of the Indian citizens in public existence,” the bench said.
It added that young students in their formative years are only beginning to navigate the nuances of public life and the constitutional architecture that sustains it.
It is fundamentally improper to expose them to a “biased narrative” that may engender permanent misconceptions at an age when they lack the perspicacity to appreciate the manifold and onerous responsibilities that are discharged by the judiciary, the bench said.
“While taking this initiative, we have to keep in mind that embedding such decontextualised text within a nationwide middle school curriculum is to bypass the safeguards of balanced education, risking systemic erosion of institutional faith in the minds of students, the teachers who will impart such education, parents of young students, society at large and ultimately even the next generation,” it said.
The bench also took note of subsequent developments, including a press release issued by the National Council of Educational Research and Training (NCERT) Wednesday.
“The question as to whether the apology has been tendered genuinely with a view to purging the prima facie contempt, or whether it is merely a ruse to evade the consequences, particularly when substantial irreversible damage has already been done, is a matter that we will consider at an appropriate stage,” it said.
The bench directed the NCERT, in coordination with education departments, to ensure that all copies of the book, in hard or soft form, presently in circulation, including those held in storage, retail outlets, or educational institutions, are forthwith seized and removed from public access.
It said the Centre and its agencies would ensure that the book is removed immediately from all physical and digital platforms without any delay.
The bench said it would be the personal responsibility of the NCERT director and principals of schools where the book has been circulated or prescribed to effectuate its immediate seizure and sealing of all physical and digital copies within their respective premises, and submit a compliance report.
It also asked them to ensure that no further pedagogical instructions are imparted based on the contents of the physical or digital copy of the book.
The bench directed the NCERT director to submit a comprehensive list and details pertaining to the members of the National Syllabus and Teaching Learning Material Committee, who approved the offending chapter, and listed the matter for further hearing March 11.
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