SC bars three from curriculum work over Class 8 judiciary chapter

THe sublime margaret court on midweek directed the Centre, states, unification territories, the subject Council of Educational Research and Training (NCERT) and universities to exclude professor Michel Danino, educator Suparna Diwakar and legal researcher Alok Prasanna Kumar from any role in preparing academic curriculum, following the controversy over a Class 8 social science textbook chapter on the judiciary prepared by them.A bench comprising Chief Justice of India Surya Kant and justices Joymalya Bagchi and Vipul M Pancholi said the three should not be associated “in any manner” with the preparation or finalisation of textbooks meant for students. However, it clarified that they may approach the court seeking modification of the order and provide an explanation.The court observed that the controversial chapter discussing corruption and pendency in the judiciary had been prepared by a textbook development team chaired by Danino, with Diwakar and Kumar as members. According to the affidavit filed by NCERT, the draft was not placed before the National Syllabus and Teaching-Learning Material Committee (NSTC) -- a high-powered body tasked with developing school syllabi and textbooks for Classes 3 to 12, but was circulated digitally among only a few members.Taking note of this, the bench directed the Centre to revisit the composition of the NSTC, particularly with respect to those to whom the chapter had been circulated.Also Read: NCERT trims Class 9 English syllabus, features texts by Sudha Murty, TagoreThe court also remarked that if NCERT intended to teach students about the judiciary, it was surprising that no eminent jurist had been included in the committee responsible for developing the material. It left it to the competent authority to consider whether changes were required in the composition of the body.The bench further directed that if the chapter on the judiciary is to be reintroduced in the Class 8 textbook or included in textbooks of other classes, the central government must first constitute a committee of domain experts to finalise the curriculum. The panel, the court said, may preferably include a former senior judge, an eminent academician and a renowned practitioner of law.In addition, the court asked the Union government to identify social media accounts and digital platforms that had reacted “irresponsibly” to the proceedings and allegedly maligned the judiciary over the issue, and furnish their details so that action could be taken in accordance with law.During the hearing, the bench expressed concern over the manner in which the chapter had been prepared and circulated.Solicitor General Tushar Mehta, appearing for the Union government, informed the court that the NCERT director and the secretary in the department of school education had already tendered unconditional apologies. He also said the Centre had instructed NCERT to undertake a review of textbooks across all classes.The bench, however, questioned the absence of adequate institutional checks in the preparation of school curriculum. Examining the affidavit filed by NCERT, the bench remarked that it revealed how curricular material had been published without proper scrutiny or approval at different levels.Mehta conceded that the chapter had been circulated digitally among a limited group and that the required approval and assessment mechanisms were lacking. He assured the court that an independent panel of experts would now review textbooks.The court also took note of NCERT’s statement that the chapter had already been “rewritten” for future academic sessions. However, the bench questioned the lack of clarity on who had rewritten the material and how it had been approved.In its order, the court said the affidavit failed to disclose the identity of the experts who had rewritten the chapter or the authority that approved its inclusion in the curriculum. It cautioned that repeated “hasty acts” could create further complications in ensuring objective and balanced information about institutions such as the judiciary.The bench directed that if the chapter has indeed been rewritten, it must not be published unless it is first approved by a committee of domain experts to be constituted by the central government within a week.At the same time, the court clarified that its order was not intended to prevent legitimate criticism of the judiciary. If deficiencies exist in the institution and an expert body highlights them in a balanced manner, it would be a welcome step, the bench observed.The court also suggested that the committee reviewing the chapter may consider associating the National Judicial Academy in Bhopal while finalising legal studies curriculum for higher classes.The controversy arose earlier this year when the Supreme Court took suo motu cognisance of media reports about a Class 8 social science textbook titled Exploring Society: India and Beyond, which contained references to alleged corruption in the judiciary.On February 26, the court ordered the immediate seizure of all physical copies and takedown of digital versions of the book, while issuing show-cause notices to the NCERT director and the secretary in the department of school education on why criminal contempt proceedings should not be initiated.The matter returned to court after NCERT and the Union government filed affidavits tendering unconditional apologies and outlining steps taken to withdraw the controversial chapter and review textbooks.