New Delhi, February 26 – The Supreme Court on Thursday imposed a "complete ban" on any further publication, reprint, or digital dissemination of the NCERT's Class 8 social science book, which contains "offensive" content regarding corruption in the judiciary. The court stated that this constitutes a serious breach and undermines the integrity of the judicial system.
The court observed that there appeared to be a "deep-rooted conspiracy" and a "calculated move" to undermine the institution and demean the dignity of the judiciary. As a result, the court directed that all copies of the book – both physical and digital – currently in circulation be immediately seized and removed from public access.
A bench headed by Chief Justice Surya Kant issued show cause notices to the NCERT director and the secretary of the Department of School Education, asking them to explain why action, including contempt of court, should not be initiated against those responsible for introducing the "offensive" chapter.
"As a precautionary measure, a complete ban is hereby imposed on any further publication, reprint, or digital dissemination of the book titled 'Exploring Society: India and Beyond' (Vol II)," the bench said.
The bench warned that any attempt to circumvent its order through electronic means or alternative titles containing the same content will be treated as a direct interference, willful breach, and defiance of its directions.
"They have fired a gunshot. The judiciary is bleeding," Chief Justice Surya Kant said during the hearing.
"As the head of this institution, it is my duty to find out who is responsible. Heads must roll," the Chief Justice added, "We would like to have a deeper investigation."
The bench noted that one newspaper published an article regarding the social science textbook containing the chapter.
After the article was published, the court's secretary general was asked to verify whether NCERT had published such a chapter.
"Instead of introspecting on the reckless, irresponsible, and contemptuous manner in which the book was written, the director (of NCERT) responded in writing, defending the contents of the book," the bench said.
The bench said that after examining the book's content and the response from the director, it appeared that there was a "calculated move to undermine the institutional authority and demean the dignity of the judiciary."
It stated that allowing this to continue unchecked would erode the sanctity of the judicial office and the public's trust in the judicial system, particularly among young people.
The bench observed that the book does not address the transformative initiatives and measures pioneered by the court, including streamlining access to justice and the judiciary's contribution to preserving democratic values.
"This silence is particularly egregious given that numerous high-ranking officials have been censured by this court for corrupt practices, fraudulent activities, and misusing public funds," the bench said.
The bench said that the choice of words and expressions in the book might not be unintentional or a genuine error.
"However, we would like to clarify that we do not intend to initiate any proceedings to stifle any legitimate criticism or to prevent any individual or organization from scrutinizing public institutions, including the judiciary," the bench said.
"Given the serious consequences and the long-term negative impact on the independence and autonomy of the judiciary, such conduct would fall under the definition of criminal contempt under section 2(c) of the Contempt of Courts Act, 1971," the bench said.
The bench asked the NCERT director to produce the original records of meeting minutes where the offensive chapter was deliberated and finalized, and the names and credentials of the textbook development team responsible for drafting the chapter.
Solicitor General Tushar Mehta tendered an unconditional apology on behalf of the Department of School Education.
Mehta said that the two individuals who prepared the chapter would never be associated with any activities of the ministry.
"There are 32 books which have been withdrawn from the market. The rest of the books will be rewritten in consultation with appropriate authorities," the top law officer said, adding, "We cannot tell our class 8 students that justice is being denied in the country."
The bench has posted the matter for further hearing on March 11.
The National Council of Educational Research & Training (NCERT) has apologized for "inappropriate content" in the social science textbook and said it will be rewritten in consultation with appropriate authorities.
A section titled "Corruption in the Judiciary" in the new textbook says that corruption, a backlog of cases, and a lack of sufficient judges are among the challenges faced by the judicial system.
It also states that judges are bound by a code of conduct that governs not only their behaviour in court, but also their conduct outside it.