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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

Supreme Court Takes Suo Motu Cognizance Over NCERT Textbook’s Reference to “Corruption in Judiciary”

Supreme Court Takes Suo Motu Cognizance Over NCERT Textbook’s Reference to “Corruption in Judiciary”

Introduction:

A significant constitutional concern arose before the Supreme Court of India when the newly introduced Class 8 Social Science textbook published by the National Council of Educational Research and Training (NCERT) contained references to “corruption in judiciary” and “massive backlogs” as systemic challenges. The issue was formally mentioned before the Court by Senior Advocate Kapil Sibal, assisted by Senior Advocate Abhishek Manu Singhvi, who expressed deep institutional concern over the nature and framing of the content presented to schoolchildren.

The Chief Justice of India, Justice Surya Kant, reacted strongly to the development, stating that the integrity of the judiciary could not be permitted to be tarnished. He informed the Bar that he had already taken suo motu cognizance of the matter and assured that appropriate steps would be initiated to safeguard the dignity and credibility of the institution. The controversy brings into sharp focus the delicate balance between academic freedom, transparency in public discourse, and preservation of constitutional institutions’ integrity.

Background of the Controversy:

The matter gained public attention after media reports highlighted that the revised NCERT Class 8 Social Science textbook listed “corruption in judiciary” and “massive backlogs” among the challenges confronting the Indian judicial system. While backlog of cases has long been a matter of public record and judicial acknowledgment, the specific framing of “corruption in judiciary” as a systemic concern triggered intense reaction from members of the legal fraternity.

The reference was reportedly presented in a manner suggesting it to be a structural challenge rather than isolated misconduct. Members of the Bar viewed this as potentially damaging, especially when introduced to students at a formative age without contextual explanation regarding institutional safeguards, internal accountability mechanisms, and the judiciary’s constitutional role.

Upon being mentioned in open court, the Chief Justice stated that he had already received numerous calls and messages from judges and stakeholders expressing concern. He observed that both the Bar and the Bench were perturbed by the contents and emphasized that he would not allow anyone to defame or denigrate the institution.

Arguments Presented by the Senior Advocates:

Senior Advocate Kapil Sibal initiated the mention by articulating profound institutional distress. He stated that members of the legal community were “deeply disturbed” that children of Class 8 were being taught about corruption in the judiciary as part of an official curriculum. According to him, the judiciary is a constitutional pillar and commands public trust; presenting corruption as a characteristic feature without adequate context was “entirely scandalous.”

He emphasized that the Bar has a deep stake in maintaining the integrity of the institution and that such portrayal risks eroding public confidence at an early stage of civic education. The concern was not about suppressing criticism, but about the tone, framing, and potential implications of presenting the judiciary in a negative light to impressionable students.

Senior Advocate Abhishek Manu Singhvi supplemented these concerns by pointing to what he described as “selectivity” in the textbook. He argued that if corruption is being discussed as a systemic issue, the curriculum should provide a comprehensive analysis across institutions such as bureaucracy, politics, and public life. The absence of parallel discussion, he suggested, created an impression that the judiciary alone was being singled out.

According to Singhvi, the issue was not merely the content but the broader narrative. He implied that selective emphasis could project a distorted institutional image and undermine the constitutional balance. He refrained from making stronger allegations but hinted at the possibility of a calculated framing that warranted judicial scrutiny.

The advocates sought the Court’s intervention and even expressed hope that the Court would take suo motu notice of the matter to protect institutional dignity.

Observations of the Chief Justice:

Chief Justice Surya Kant responded firmly and unequivocally. He stated that he was fully aware of the issue and had already initiated suo motu proceedings. He acknowledged that he had received communications from several High Court judges and other stakeholders expressing concern.

The Chief Justice made it clear that the judiciary’s integrity could not be allowed to be tainted. He declared that he would not permit anyone, regardless of stature, to defame the institution. The law, he said, would take its course. His words underscored the seriousness with which he viewed the matter, framing it as an issue affecting the entire institution rather than a mere curricular dispute.

Importantly, the CJI’s remarks conveyed a dual message: while transparency and constructive criticism are hallmarks of democracy, unfounded or irresponsibly framed allegations in educational material could have long-term consequences for public trust in constitutional bodies.

Justice Bagchi, who was also present, observed that constitutional integrity and the basic structure doctrine appeared missing from the structure of the book. This comment suggested a broader concern that the textbook may have inadequately explained the judiciary’s foundational role in preserving constitutional supremacy.