Supreme Court Raises Concerns Over NCERT Textbook's Portrayal of Judiciary

A significant controversy has emerged regarding the judicial system in India, triggered by the new NCERT social science textbook for eighth graders. This textbook highlights challenges faced by the judiciary, including corruption, a backlog of cases, and a shortage of judges. The Supreme Court has taken serious note of this issue, asserting that no one should be allowed to tarnish the image of the judiciary.

The bench led by Chief Justice D.Y. Chandrachud described the situation as serious, suggesting it appears to be a deliberate attempt to defame the judiciary. Chief Justice Chandrachud stated, “I will not allow anyone to defame this institution. The law will take its course.” He emphasized his duty as the head of the institution and noted that this seems to be a calculated move. Justice Joymalya Bagchi remarked that the textbook appears to contradict the fundamental structure of the Constitution.

Senior advocates Kapil Sibal, Abhishek Manu Singhvi, and Mukul Rohatgi brought this matter to the Chief Justice's attention. They argued that it is inappropriate to teach school children about corruption in the judiciary when public trust in this institution is at its highest. They also pointed out that the textbook does not address corruption in politics, bureaucracy, or business, focusing solely on the judiciary.

The contentious chapter titled 'The Role of the Judiciary in Our Society' has shifted focus from the structure and functioning of courts to the challenges faced by the system. The section on 'Corruption in the Judiciary' states that individuals may encounter corruption at various levels, making access to justice particularly difficult for the poor and marginalized. The textbook also mentions efforts to enhance transparency and improve the system through technology at both state and central levels.

The textbook provides statistics on pending cases, indicating that approximately 81,000 cases are pending in the Supreme Court, around 6.24 million in High Courts, and nearly 47 million in district and subordinate courts. These figures reflect the increasing burden on the judicial system. It also references complaints received through a centralized public grievance redressal and monitoring system, noting over 1,600 complaints registered between 2017 and 2021.

The section on 'Corruption in the Judiciary' explains that judges are bound by a code of conduct that governs their behavior both in and out of court. It cites former Chief Justice B.R. Gavai, who stated that incidents of corruption and misconduct within the judiciary negatively impact public trust, but swift and transparent action can help restore that trust.

The Supreme Court bench noted receiving calls from across the country expressing concern over the selective mention of corruption in the judiciary. The bench indicated that a detailed hearing on this matter will take place. This controversy raises important questions about whether educating students about the challenges faced by democratic institutions is part of transparency or if it adversely affects the institutions' image. It also questions the autonomy of the judiciary and the limits of criticism. This situation serves as a reminder that the strength of institutions in a democracy lies not just in shielding them from criticism but in acknowledging challenges and moving towards reform. The upcoming Supreme Court hearings and the government's response could steer this debate in new directions.