The Supreme Court has said the judiciary is open to criticism but warned that teaching children that courts are corrupt could create distrust in the institution.
A Bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana made the observations while closing its suo motu case over controversial content in an NCERT Class 8 social science textbook.
Court Says Criticism Is Necessary
The court said criticism of the judiciary is an important part of a democratic system and can help improve accountability.
“The Judiciary, as an institution, is not, and cannot be, averse to criticism,” the Bench said.
It added that fair, informed and constructive criticism of judicial functioning is necessary in a constitutional democracy.
However, the court said such criticism should be presented through appropriate forums and based on a fair and rational process.
The Bench said unverified criticism should not be included in educational material meant for young students.
“Judges are not saints. We are open to criticism. But when you teach an 11 year old that the judiciary is corrupt, you sow seeds of distrust in the very institution that protects the Constitution,” the court observed.
Case Over NCERT Textbook
The case concerned a chapter titled “The Role of the Judiciary in Our Society” in the Class 8 social science textbook Exploring Society: India and Beyond.
The chapter contained a section titled “Corruption in the Judiciary”, which triggered the Supreme Court’s suo motu proceedings earlier this year.
In February, the court had stopped further publication, reprinting and digital circulation of the textbook and directed that copies already in circulation be withdrawn.
The court later directed the Centre to constitute an expert committee to review the disputed material.
Three academicians involved in drafting the chapter, Michel Danino, Suparna Diwakar and Alok Prasanna Kumar, were also criticised by the court in an earlier order. The court subsequently recalled its direction asking institutions to disassociate themselves from the three experts.
Revised Chapter Accepted
The Supreme Court said the controversial chapter had since been revised following recommendations from an expert committee.
After examining the revised material, the Bench said it presented a “factually accurate and balanced account” of the judiciary while explaining both its constitutional role and mechanisms of independence and accountability.
The court said the revised chapter neither glorified nor unfairly criticised the institution.
The Bench also noted that NCERT Director Dinesh Prasad Saklani and School Education and Literacy Department Secretary Sanjay Kumar had tendered unconditional apologies.
The government informed the court that 82,440 copies of the earlier textbook had been recalled.
The court consequently withdrew the show cause notices issued during the proceedings and closed the case on September 1.
Court Defends Democratic Scrutiny
While closing the matter, the Bench stressed that its intervention was not driven by opposition to scrutiny of the judiciary.
“Dissent, deliberation and rigorous discourse were recognised as the vital components of a living democracy,” the court said.
It added that the proceedings were initiated to protect the “pedagogical integrity” of educational material meant for young students.
The court also appreciated the experts involved in revising the chapter and directed authorities to follow proper safeguards while preparing future educational material concerning public institutions.
