The Supreme Court of India on Friday recalled its earlier direction that had barred three academics associated with the controversial NCERT Class 8 chapter on corruption in the judiciary from participating in academic projects of Central and State Universities and public educational institutions.
A bench comprising Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi modified its March 11 order after considering recall applications filed by Professor Michel Danino, Suparna Diwakar and Alok Prasanna Kumar.
The Court also expunged its earlier observation that the academics had “deliberately and knowingly” misrepresented facts to project a negative image of the Indian judiciary before Class 8 students. However, the bench reiterated that the chapter itself was “wholly undesirable.”
In its order, the Court stated that the Union Government, States and educational institutions would now be free to independently decide whether to associate the academics with future academic projects, without being influenced by the earlier observations of the Court.
Senior Advocate Shyam Divan, appearing for Michel Danino, argued that the March 11 order had been passed without hearing the academics. He clarified that the chapter was not the work of any individual author but was prepared through a collective process.
Senior Advocate Gopal Sankaranarayanan, appearing for Alok Prasanna Kumar, submitted that the chapter on judiciary was part of a broader educational discussion and also addressed issues affecting other institutions. He argued that students should be exposed to realistic discussions about institutions, including challenges within the judiciary, rather than a “whitewashed” version.
During the hearing, Justice Bagchi observed that the issue before the Court was whether corruption had been portrayed as a problem unique to the judiciary, without adequate discussion on access to justice and the role of judges in legal services.
Senior Advocate J Sai Deepak, appearing for Suparna Diwakar, submitted that the Supreme Court’s earlier remarks could seriously impact the academics’ professional livelihood.
Meanwhile, Solicitor General Tushar Mehta informed the Court that the Union Government had already decided not to associate the academics with future projects.
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