Supreme Court orders blanket ban on NCERT textbook, says ‘heads must roll’

The Supreme Court has ordered a complete, blanket ban on the reprinting and digital dissemination of the NCERT’s newest Social Science textbook for Class 8, which includes a chapter, “The Role of the Judiciary in Our Society,” also mentioning “corruption” in the judiciary. As an abundant caution, the court ordered a complete, blanket ban on the reprinting and digital dissemination of the book and said any attempt to circulate the book would be in defiance and breach of the top court’s direction. A three-judge Supreme Court bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M. Pancholi passed the order on Thursday while hearing a suo motu case registered over the matter.

“We would like to have a deeper probe. We need to find out who is responsible… heads must roll! We won’t close the case,” the apex court said as it grilled Solicitor General Tushar Mehta, arguing for the NCERT.

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Bench orders immediate seizure of all copies in circulation, seeks compliance report

The bench called it a “deep-rooted conspiracy against the judiciary”, ordered an immediate seizure of the copies in circulation, and called for a compliance report on the seizure of books in two weeks.

The NCERT, in coordination with Union and State departments, are directed to ensure that copies of the book, hard or soft, in circulation are immediately seized and away from public access, even from digital platforms, the Bench said.

It would be the personal responsibility of the NCERT Director and school principals, it added.

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‘Thankful to the media for bringing this out’: CJI

CJI Surya Kant thanked the media “for bringing this out” as the issue was first brought to notice in media reports.

“I was getting hundreds and hundreds of calls and had taken cognisance even before (Kapil) Sibal mentioned it yesterday,” CJI Surya Kant said.

“We all must stand together and defend the independence of the judicial institution,” he said.

The Solicitor General said a notice has been published in the media and a copy placed on record. According to the press release, the Department of School Education and Literacy said the distribution of the book has been held back until further orders. That chapter would be rewritten, it said while tendering an apology.

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Show cause notice issued to Dept. of School Education, NCERT Director

“We deem it appropriate to issue show cause notice to Dept. of School Education secretary, Dr. Dinesh Prakash Sakhlani (NCERT Director) as to why suitable action under contempt of court act or in accordance with any other provisions of law against them or those found responsible for introducing the offending chapter,” the CJI said.

The Supreme Court said it will consider later whether the apology has been tendered genuinely or to wriggle out of the spot when substantial damage has been done.

Publish an unconditional apology: SG

The Solicitor General Tushar Mehta said the current apology is not enough and an unqualified and unconditional apology will be published.

The individuals who prepared the chapter would not be associated with any preparation of any chapter or any work in any ministry, the SG added.

‘Fundamentally wrong to expose students to biased misconceptions at this tender age’

CJI Surya Kant said the necessity has arisen for judicial intervention to safeguard the pedagogical sanctity. “Students are only beginning to navigate the nuances of life, it is fundamentally wrong to expose them to biased misconceptions at this tender age.”

“There is a need to appreciate the manifold and onerous responsibilities by the judiciary,” the CJI said.

“We have to keep in mind that the subject book will not remain confined to students only, the contents are bound to travel from students, teachers to parents and including the next generation too. It may have a lasting impact on judicial independence. Such misconduct falls within criminal contempt; if it proves to be deliberate, it will amount to scandalising the institution and bring it to disrepute,” he added.

Text does not mention judiciary’s role in upholding constitutional values: CJI

CJI Kant said that with just one stroke of the pen the publication washed off the illustrious history of the Supreme Court and High Courts and does not mention any substantive contributions of these institutions towards protecting the democratic values.

“If this is allowed to go unchecked, it will erode the sanctity of the judiciary in the eyes of the public and more importantly the impressionable minds of the youth,” he said.

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‘Heads must roll; we want to know persons behind this’: CJI

The Chief Justice said the court wants to know who the persons behind this are.

“Heads must roll. There must be a deeper probe into this issue. Who are the persons behind this? We want to know. We must,” CJI Kant states.

Justice Joymalya Bagchi said the text is extremely lopsided as it has not been highlighted that the judiciary is the protector of the Constitution. “How we do legal aid, etc., not mentioned,” Justice Bagchi said.